Loading...
HomeMy WebLinkAbout08-04-03MINUTES BOARD OF DIRECTORS MEETING City Hall — 500 W. Markham August 4, 2003 6:00 PM The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Dailey Presiding. City Clerk, Nancy Wood called the roll with the following -- Directors Present: Pugh, Vice Mayor Hinton, Keck, Adcock, Stewart, Hurst, Wyrick, Cazort, and Mayor Dailey. Directors Graves and Kumpuris were absent. Director Keck gave the Invocation, which was followed by the Pledge of Allegiance. Mayor Dailey asked the Board to consider the listed modifications. DEFERRALS: PRESENTATION Millennium Trail/ Special Recognition - Arkansas General Assembly /Director Hurst 28. ORDINANCE - To amend Section 9 of Ordinance No., 17,904 (12- 22 -98) (False Alarms) to allow the hearing officer discretion to reduce the amount of assessment for good cause. (Deferred to August 19, 2003) ADDITIONS: M -1. RESOLUTION NO. 11,558 - To approve appointment of members to the _ Museum of Discovery as part of the merger agreement between the Museum of Discovery and the Children's Museum of Arkansas. M -2. RESOLUTION NO. 11,557 - To amend Little Rock, Arkansas Resolution No. 10,906 (October 3, 2000) to change the way that members of the Animal Services Advisory Group are selected; and for other purposes. Mayor Dailey asked for Item 23 to be considered as a Grouped Item since there were no citizens present to speak in favor or in opposition to the item. Director Adcock made a motion to make the modifications; Director Cazort seconded the motion, and by unanimous voice vote of the Board Members present, the modifications were made to the agenda. Director Keck stated that the Board had been delivered two separate ordinances; and as a point of order, asked which ordinance the Board would be considering. Mayor Dailey announced the intent at this point, would be that both ordinances move parallel, even if both are added to the agenda as first reading. Director Keck asked if they were in conflict. Mayor Dailey answered that they were two different philosophies. Director Keck stated he had not received any staff review from the City Attorney or the City Manager, regarding the two ordinances and rather than jump into this without that information in advance, would like to hold these until that information is received. Director Cazort stated that there are essentially three ordinances. Two that staff has prepared, and the one that he had proposed. He stated at this point, his idea was that both of them would move along on the same track for discussion purposes to weigh the pros and cons. He stated they were of different philosophies, but are in conflict enough that it would not be wise to pass both of them. Director Cazort stated he had been made aware that some of the potential providers had not received a copy of the ordinance he had prepared until today. He said that staff had not held another public meeting among all the potential providers, but saw no reason both versions could not be on the agenda tonight, have the first reading and then have the public meeting, and move forward from that point. Director Cazort stated he would like to hold the item on first reading tonight, have some brief presentations about what each ordinance attempts to do, and if there are people here who wish to comment could do so when the item comes up. Director Adcock asked that as information comes forward to the Board from Mr. Carpenter and staff, to provide that to the providers. PRESENTATIONS: Millennium Trail/ Special Recognition — Arkansas General Assembly /Director Hurst (Deferred) Museum of Discovery — Bob Lanford Mr. Lanford overviewed the merger between the Museum of Discovery and the Arkansas Children's Museum. 1. MOTION - To approve minutes from the Little Rock Board of Directors regular meetings: May 6, 2003, May 20, 2003, June 3, 2003, June 17, 2003 and reconvened meetings: May 13, 2003 and May 27, 2003. 2. RESOLUTION NO. — 11,559 - To authorize the local government endorsement of Central Mortgage Co, located at 801 Barrow Road, Little Rock, Arkansas, to participate in the Advantage Arkansas Program; and for other purposes. 3. RESOLUTION NO. 11,560 - Changing the name of Timber Ridge Drive to Atkins Road. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The Gibraltar Heights — Timber Ridge — Point West Neighborhood Association and affected property owners are requesting that the name of Timber Ridge Drive be changed to Atkins Road. The street name confusion is a result of an error committed when the Timber Ridge Addition was platted many years ago. 4. RESOLUTION NO. 11,561 - To award a contract to Richard A. Stephens & Associates for Real Estate Appraisal Services. Synopsis: Authorizes the City Manager to execute an agreement with Richard A. Stephens and Associates for real estate appraisal services for a large portion of the University Avenue widening project. Stephens was previously selected from among three firms that responded to a request for qualifications. 5. RESOLUTION NO. 11,562 - To authorize an agreement with BKD, LLP to conduct audit services for the City of Little Rock, Arkansas, for the 2003 fiscal year; to assist the city in compliance with GASB 34; and for other purposes. 6. RESOLUTION NO. 11,563 - To set the date of Public Hearing for August 17, 2003 to the petition to abandon that portion of the 60 -foot wide Bishop Street right -of -way located between West 7th Street and I -630. Planning Commission: 9 yes, Ono, 2 absent. Staff recommends approval. Synopsis: The abutting property owner, State of Arkansas, requests to abandon that portion of the 60 -foot wide Bishop Street right -of -way located between West 7`h Street and 1 -630. 7. RESOLUTION NO. 11,564 - To set the date of Public Hearing for August 17, 2003 on the petition to abandon the undeveloped 60 foot wide Chenal Valley Drive right -of- way to be incorporated into a future multi - family development. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The abutting property owner, Deltic Timber Corporation is requesting to abandon the undeveloped 60 -foot wide Chenal Valley Drive right -of- way to be incorporated into a future multi - family development. 8. RESOLUTION NO. 11,565 - To appoint Friday, Eldredge and Clark as bond counsel for the proposed issuance of Little Rock, Capital Improvement Bonds, Series 2004; (The Bonds); and providing for other matters in connection with the issuance of bonds. 9. RESOLUTION NO. 11,566 - Expressing the willingness of the City of Little Rock to utilize federal -aid monies for the South Loop Bypass at Mabelvale Road and Alexander Road, Little Rock, and Arkansas. Synopsis: Authorizes the City Manager to execute all appropriate agreements and contracts necessary to secure Federal Transportation Improvement Project 2 (TIP) funds for South Loop Bypass (Mabelvale to Alexander) reconstruction project. The federal share is 80% of the approved project cost. 10. RESOLUTION NO. 11,567 - Awarding a contract to Construction Management and Maintenance for installing a traffic signal on Cantrell Road at Sam Peck Road. Synopsis: Authorizes the City Manager to execute an agreement with the low bidder, Construction Management and Maintenance for the installation of a traffic signal on Cantrell Road (Highway 10) at the intersection of Sam Peck Road. 11. RESOLUTION NO. 11,568 - Awarding a contract to Construction Management and Maintenance for installing a traffic signal on Colonel Glenn Road at Bowman Road. Synopsis: Authorizes the City Manager to execute an agreement with the low bidder, Construction Management and Maintenance for the installation of a traffic signal on Colonel Glenn at the intersection of Bowman Road. 12. RESOLUTION NO. 11,569 - Awarding a contract to Gene Summers Construction for constructing improvements to High Drive. Synopsis: Authorizes the City Manager to execute an agreement with the low bidder, Gene Summers Construction for the reconstruction of the unimproved portion of High Drive, south of 37`h Street. 13. RESOLUTION NO. 11,570 - To authorize the City Manager to enter into a contract with J. A. Riggs Tractor Company for the purchase of one (1) Cold Planer /Milling Machine in the amount of $377,495.00. Synopsis: Three bids were received for Bid No. 03250. J. A. Riggs Tractor Company is the lowest responsible bidder meeting minimum specifications at $377,495.00. The purchase is to replace a 16- year -old Sakai Cold Planer /Milling Machine. 14. RESOLUTION NO. 11,571 - To authorize the City Manager to execute a contract with G &S Builders in the amount of $76,488 to construct a new affordable home at 600 E. 17th Street; and for other purposes. Synopsis: G &S Builders submitted the lowest responsible bid to construct a new affordable home at 600 E. 17th Street. The consent agenda was read. Director Adcock, seconded by Director Cazort, made the motion for the adoption of the Consent Agenda. By majority voice vote of the Board members present, the Consent Agenda was adopted. Director Wyrick stated she wanted to recuse on Item nine, that she owned property in that vicinity. CITIZENS COMMUNICATIONS Speaker: Mary Alford Topic: Weed lots, burned out buildings, speeding vehicles in the Meadowbrook Community Speaker: Leonard Boyle Topic: Dissatisfaction /Complaints regarding Doyle Springs Mobile Home Park Speaker: Say McIntosh Topic: Cleaning Up the City Speaker: Pat Gee Topic: Alert Centers Invitation to National Night Out Speaker: Don Darnell Topic: National Night Out /Policy for Alert Centers in the future Speaker: Katherine Warner Recycling Program for City Hall Speaker: Benny Johnson Topic Establishing task force to stop black on black crime Speaker: Roxann Walker Topic Code Violations at 3239 Battery Street Speaker: Judy Green Erma Hendrix Topic: Weed Lots in the Martin Luther King Neighborhood area Selective Code Enforcement The Grouped Items consisted of Items 15 -21. 15. ORDINANCE NO. 18,906 - To amend Little Rock Revised Code 17 -214 (1988) to add day care centers to the setback requirements for sexually oriented business; to declare an emergency; and for other purposes. (1St and 2nd readings: 7- 15 -03) Mr. Don Darnell spoke in opposition to the passage of the ordinance stating his concern was the increasing number of day care centers throughout the city and that the current study shows five point something percent of available area where a sexually oriented business could be open and therefore, according to Mr. Carpenter, City Attorney, it meets the constitutional challenge. He stated he had noticed at almost every planning commission meeting there is at least one application for a Conditional Use Permit. The concern is the effect of this would be to prohibit this type of business almost anywhere in the city, and if that were the case it could cost the city a lot of money in defending the ordinance. The other concern is that this has to do with one business establishment opening on 65th street. He said it does not have to do with any problems at any other such establishments; it doesn't have anything to do with any daycare centers, which have been harassed or have felt at risk because such a business may have been some place near them. It has to do with putting one business out of business. The real result is to shut down this one business, and thought that put the city in a position where it would cost dearly to defend the ordinance. He said the City couldn't pass one ordinance to put one business out of business, and felt that was exactly what was happening. Mr. Troy Laha spoke in favor of the ordinance, saying children do not need to be exposed to some of the activities that go on around some of the sexually oriented businesses. Mr. Laha stated it is our responsibility as adults to shield these young children until they become adults. He said the day care center was located in this area before the sexually oriented business opened. Mr. Laha asked the Board to support the ordinance. Mr. Lacy Kennedy, counsel for the owner of the sexually oriented business, was speaking on behalf of Mr. Lee Sobba, owner of the business. Mr. Kennedy stated the ultimate issue here, is the right for the corporation to do business. He stated this business was licensed prior to the day care. He said they were there first, and it amounts to a Bill of Attainder. He stated this is a valid business. Mayor Dailey asked Mr. Carpenter, City Attorney of the issued just raised by Mr. Kennedy caused any question as to whether this ordinance should be acted upon tonight. Mr. Carpenter asked the Mayor if he was referring to the Bill of Attainder issue. Mayor Dailey answered that he was. Mr. Carpenter stated the Bill of Attainder issues were raised in the Ambassador Books Case and was specifically rejected by the Eight Circuit Court. He said it did not create any concern. Mr. Carpenter stated there are two things that the Board needs to remember, and this is that this has been approached as a zoning issue, and it has been approached in terms of this particular type of use in relation to a particular use dealing with children, which is the day car center. He said Ordinances from around the country have been looked at and materials have been proved that show the day cares are listed categories in other ordinances. Nothing keeps this gentleman from operating a business at this location. What he cannot do, if this ordinance should pass, after the amortization period has ended is to operate one that is primarily a sexually oriented business. That does not mean that he cannot have certain things within this business that would be within a sexually oriented business, it would just mean that the nature of his business cannot be a dominantly sexually oriented business in that location. He said he stated he thought the Board was making a legitimate discussion of how to deal with secondary effects, the Board has looked at other studies from around the country and the Board is making a zoning decision. Mr. Sobba commented that his business and the day care are located in an industrial area, and asked the Board to keep that in mind. The ordinance was read the third time. By unanimous voice vote of the Board members present, the ordinance and emergency clause was passed. 16. ORDINANCE NO. 18,907 - Z- 6323 -G — Approving a Planned Zoning Development and establishing a Planned Commercial District titled The Village at Rahling Road, Revised Long -Form PCD located on Rahling Circle (Unrecorded Lot El 12) in the City of Little Rock, amending the Official Zoning Map of the City of Little Rock; and for other purposes. (Planning Commission: 11 yes, 0 no, 0 absent). Staff recommends approval. Synopsis: The applicant proposes to revise a previously approved PCD to allow the Central Arkansas Library System to construct a 12,500 square foot building on the site being used as a branch library. 17. ORDINANCE NO. 18,908 - Z -7381— Approving a Planned Zoning Development and establishing a Planned Office District titled Heifer International Long -Form POD, located south of East 2nd Street between Industrial Drive and John Street, in the City of Little Rock, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Synopsis: The applicant proposes to rezone the site from I -3 to POD to allow the site to develop as Heifer International Corporate office and future Global Village. 18. ORDINANCE NO. 18,909 - LU03 -15 -01 - To amend the Land Use Plan amendment in the Geyer Springs — West Planning District from Light Industrial to Commercial for future development. (Planning Commission: 9 yes, 0 no. 2 absent). Staff recommends approval 19. ORDINANCE NO. 18,910 - Z -7919 — To reclassify property located at 9300 Mabelvale Pike in the City of Little Rock, Arkansas from R -2 to C -4, amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: Coburn Land and Leasing, owner of the 2.7 -acre tract at 9300 Mabelvale Pike, is requesting to rezone the property form (R -2) Single Family District to (C -4) Open Display District. 20. ORDINANCE NO. 18,911 - Z -7418 — To reclassify property located at 1617 Aldersgate Road located in the City of Little Rock, Arkansas, from R -2 to 0-2; amending the Official Zoning Map of the City of Little Rock, Arkansas; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: Caleb Land Group, owner of the 0.32 -acre property at 1617 Aldersgate Road, is requesting to rezone the property from (R2) Single Family District to (02) Office and Industrial District. 21. ORDINANCE NO. 18,912 - Z -7421 - Repealing Ordinance 18,718, revoking a - -- Planned Zoning District titled Stortz Short -Form PCD, repealing Ordinance No. 18,335, revoking a Planned Zoning District tilted Commercial Development Associates Short -Form PCD; and approving a Planned Zoning Development and establishing a Planned Commercial District titled University Heights Short -Form PCD located on the southeast corner of University Avenue and "C" Street, in the City of Little Rock, Arkansas, amending the Official Zoning Map of the City of Little Rock; and for other purposes. Planning Commission: 9 yes, 0 no, 2 absent. Staff recommends approval. Synopsis: The applicant proposes to revoke previously approved planned developments in the area and rezone the site from R -2, R -3, R -4 and PCD to PCD to allow a mix of commercial and office uses to locate on the site. Director Keck recused due to a conflict of interest. Ms. Valerie Wingert stated that her problem with this item being on the agenda tonight was that the residents were not notified. Mr. Jim Lawson, Planning and Development Director, stated there is no notification that goes out at Board level. He stated there is required notification that is required at the Planning Commission level and the neighbors were represented at that meeting. Ms. Wingert stated they have not seen anything that was new to the development. Mr. Lawson stated the plan was presented at the Planning Commission, and said there has been no change in the application from the Planning Commission to now, and it was discussed. Ms. Wingert stated the plan has changed since they originally started talking about the plan, and when it went before the Planning Commission it was not a finalized plan and when it was presented to the Hillcrest Residents Association, in early June, it was a tentative plan. She said they have not seen the concrete finalized plan of exactly where the buildings are going to go, how many trees will be saved. She said the developer had said he would meet with the neighbors, especially those who live close, about some of these issues, and they have never contacted them. Mr. Lawson added that what the Board would be approving tonight would be Phase I. He said there is a Phase Il and lII, and said he had asked the applicant to go ahead and outline that area when they submitted their application, and perhaps this is what Ms. Wingert is referring to. Director Adcock asked if Mr. Tabor, the applicant, Mr. Lawson, and Ms. Winger could have a quick meeting and let Ms. Wingert see what would be before the Board tonight, so that she would have comfort that she had seen this plan. Mayor Dailey stated the Board would come back to this item. After the said parties discussed the item, Mr. Jim Lawson 5 announced that Ms. Wingert wanted to express concern that she was not notified, which was mentioned earlier. Mr. Lawson stated she does not have any complaints about the plan layout, but is concerned and wants to make sure some of the details, dumpster locations, and those kinds of things are discussed with her and the neighbors. Mr. Lawson stated they would put a note in their files to notify Ms. Winger when the developer comes in for the building permit, and would sit down with Ms. Wingert and the developer and work those details out. The item was read the first time. The rules were suspended by two - thirds vote of the Board members present, being two - thirds in number to provide for the second and third readings of the ordinance. The ordinance was read the second and third times. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance was passed. Director Keck recused. Separate Items consisted of Items 22 -32. 22. ORDINANCE NO. 18,913 - Amending Chapter 30 of the Code of Ordinances of the City of Little Rock, Arkansas, providing for a waiver of Master Street Plan Street Improvements for Arch Street Pike. (Planning Commission: Unanimously approved the site plan, but voted unanimously to deny the request for a waiver. Staff and Planning Commission recommend a five year deferral). Staff recommends denial of waiver. Synopsis: The applicant requests a waiver of Master Street Plan Improvements for the proposed Cotton Mini Storage located at 7724 Arch Street. The site is located outside the corporate city limits, but within the planning boundary. The ordinance was read the first time. Mr. M. L. Cotton, applicant, stated he was asking for a waiver to widen the state highway at Arch Street Pike, rather than the five -year deferral. Mr. Guy Lowes, Public Works Director stated staff recommends denial of the request for a waiver, but did support a deferral. Director Cazort asked Mr. Cotton if he would have objections to amending the ordinance to a deferral rather than a waiver. Mr. Cotton stated that it would probably shut down the project. Director Cazort explained to Mr. Cotton that at the end of five years, there was nothing to prevent him from coming back at the end of five years and asking for another deferral. There was discussion from Board members that they would not be supportive of a waiver, but would support a deferral, that it had been a long standing policy, unless under extra - ordinary circumstances, that the Board did not grant waivers. Mr. Cotton agreed to the deferral. Director Cazort made a motion to amend the Ordinance to a five -year deferral rather than a waiver. Director Adcock seconded the motion, and by unanimous voice vote of the Board members present, the ordinance was amended. The rules were suspended by two - thirds vote of the Board members present, being two - thirds in number to provide for the second and third reading of the ordinances. The ordinances were read the second and third times as amended. By unanimous voice vote of the Board members present, being two thirds in number the ordinance passed. 23. ORDINANCE NO. 18,914 - Z- 4041 -C — To reclassify property located at 11710 Vimy Ridge Road from R -2 to I -2, amending the Official Zoning Map of the City of Little Rock, Arkansas, and for other purposes. (Planning Commission: 9 yes, 0 no, 2 absent). Staff recommends approval. Synopsis: Dimac, Inc., owner of the 2.94 -acre tract at 11710 Vimy Ridge Road is requesting to rezone the property from (R -2) Single Family District to (I -2) Light Industrial District. The Grouped Items consisting of Items 16 -20, and Items 22 and 23 were read the first time. The rules were suspended by -two- thirds vote of the Board members present, being two - thirds in number to provide for the second and third reading of the ordinances. The ordinances were read the second and third times. By unanimous voice vote of the Board members present, being two thirds in number, the ordinances (Items 16 -20, and Items 22 and 23) were passed. The next item considered: 24. ORDINANCE NO. 18,915 - Condemning Certain Structures in the City of Little Rock as structural, fire and health hazards; providing for summary abatement procedures; directing the City Attorney to take such action as is necessary to raze and remove said structures; declaring an emergency; and for other purposes. (1St Reading: 7- I5-03) Synopsis: Nineteen residential structures in a dilapidated and burned condition are causing a negative environmental impact on the residential neighborhoods in which they 31 are located. The ordinance was read the second time. Director Adcock asked if the ordinance should be amended, that when the ordinance was first presented there were nineteen structures to be demolished, and some had been removed from the list since the first reading. Mr. Carpenter stated it should be amended. Mr. Bozynski stated that the ordinance has been revised to reflect he removal of four structures. Mr. Carpenter stated the ordinance could be accepted with as amended, with the four structures deleted. Director Adcock, seconded by Director Cazort, made the motion to amend the ordinance. By unanimous voice vote the ordinance was amended. The ordinance was read the second time as amended. Director Adcock made the motion to suspend the rules and place the ordinance on third reading; Director Pugh seconded the motion. By unanimous voice vote of the Board members present, being two - thirds in number the rules were suspended and the ordinance was read the third time. By unanimous voice vote, the ordinance and emergency clause was passed. 25. PUBLIC HEARING & RESOLUTION NO. Z -7394 - Rescinding the Little Rock Planning Commission's Action in denying a Conditional Use Permit to allow for construction of a church on the R -4 Zoned properties located at 2117 and 2119 South Battery Street. (Deferred from July 15, 2003) Planning Commission: 0 yes, 11, no, 0 absent. Staff recommends denial. Synopsis: The Holy Ghost Temple Church is appealing the Planning Commission's action in denying a conditional use permit to allow for construction of a church and associated parking on the R -4 zoned lots located at 2117 and 2119 South Battery Street. Mayor Dailey declared the public hearing open. Bobby Perkins spoke in favor of the Conditional Use Permit saying the neighborhood could stand the support service in the community the church would provide. That each community has problems, and this one in particular could use this church's services. Rose Scott stated they were trying to build their ministry in the community and wanted to work with the neighborhood. She stated if they could locate in the area, they could work with the people that other churches didn't want to deal with. She said this location was where the Lord told them to go, and that is why they wanted to locate there. Minister Addison Baker, who was in favor of the conditional use permit, stated he had lived in the area about seven years, and that this was the area God directed them to, and he said he had to be obedient in trying whether it was agreed upon or not, but what ever is decided, he would not give up on the neighborhood, because it does need rehabbing, not only the houses, but many of the people. Mr. James Floyd, President of the Wright Avenue Association spoke in opposition to the church and stated that there are already approximately nineteen churches in the area, and stated they are getting mixed vibes from this group of people. He said they are saying they want to rehabilitate. He said they do not need a rehabilitation center in a residential area; that these bring in more undesirable elements. He said they are also concerned about parking. He said Battery Street is one of the most scenic in their community, that there is a island, with trees and the city is doing a good job of maintaining this island. He said if the church comes in they will have to build a parking lot, and with people coming in for services, there will be overflow parking, and said there is no place for them to park. He said there is already a problem on weekends with traffic backed up into the neighborhood to such an extent that some nights he has to make a detour to get home. Mr. James asked the Board to uphold the Planning Commission's decision. Ms. Annie Abrams stated religion was not the issue, the issue is having a balanced community, with a balance of things the people need. The resolution failed. 26. ORDINANCE NO. - To amend the City of Little Rock Transportation Code. (Held on P Reading) Deferred for one month. Mayor Dailey asked Director Cazort to explain the proposal he was sponsoring, and then Mr. Carpenter to give a few comments on staff recommendation, and then hear from those in the audience here to address the issue. Director Cazort stated his proposal included some changes in the specialized transportation section. He said there are many operators of specialized vehicles who are not incompliance with the sever restrictions currently in the code. He stated it was not his desire to put anyone out of business, but it was also not his desire to let businesses operate improperly, without authority. He stated he had tried to create a truly level playing field, so that everyone who wants to participate in the transportation delivery service in this city could do so. He stated he had been to a number of cities that offer an extremely wide variety and wide range of transportation options from metered taxicabs up to any number of other services, and envisioned that to be where the City of Little Rock would want to go. There was lengthy discussion regarding the Little Rock 7 Transportation Code. Mr. Chris Cambas, Mr. Henry Hodges, Beulah Turner, Walley Allen spoke in favor of changing the current transportation code to level out the inequities, not to put anyone out of business, but to have a fair playing field for all public transportation carriers. Director Keck stated he did not think this ordinance was something that would be ready for the Board to act on in two weeks, and stated he felt like a month would be a better timeline. He stated it would give those that did not get notice of the discussion tonight, a chance to be present and have an opportunity to participate. He said there was confusion because of the two different ordinances presented tonight. Director Adcock stated she felt the two ordinances pitted the City Attorney against a Director and asked that Director Cazort come up with a group to look at the ordinances and come up with one ordinance, and stated she would not vote on this issue tonight. Mayor Dailey stated that the initial thought was to set a date certain where this item would come back to the Board, hopefully in the form of one ordinance. Mayor Dailey stated the intent was not to pit one against the other but to have full and open discussion on the different philosophies. Mayor Dailey stated he felt staff, as well as a Board member or two should develop a timeline of some meetings that would be open to various members of the community, as well as people in the industry, to participate in discussions. Mr. Moore stated a first step, would be a comparative analysis of both ordinances, and the second step would be a series of public meetings, and thought by the first meeting in September staff could come back to the Board with a viable ordinance for consideration. Mayor Dailey asked Director Wyrick to participate in the group that would be discussing the transportation issues. Director Wyrick stated she would, and asked that the industry folks be represented such as the limousine service, the van transport companies, etc, to determine what is good for their industry so that the Board can do the right thing when it comes forward, and no businesses are hurt by the changes. Director Cazort asked that a time certain target be the first meeting in September. 27. ORDINANCE NO. 18,905 - To amend Little Rock Arkansas Ordinance Number 18,798 (December 17, 2002) to make adjustments to the 2003 Budget for the City of little Rock, Arkansas; to declare an emergency; and for other purposes. Synopsis: Seven specific FY2003 budget changes need to be made to adjust for known changes in the FY2003 budget. (Changes to: General, Street, Fleet, Solid Waste, Concessions, War Memorial Fitness Center, Zoo and Golf Funds). Mr. Bruce Moore stated this is a quarterly budget adjustment regarding revenue and expenditures. Mr. Moore called upon Mr. Bob Biles Finance Director, who overviewed the changes. Rules were suspended by voice vote of the Board members present being two - thirds in number, to provide for the second and third readings of the ordinance. The ordinance was read the second and third times. By unanimous voice vote of the Board members present, being two - thirds in number, the ordinance was passed. 28. ORDINANCE - To amend Section 9 of Ordinance No. 17,904 (12 -22 -1998) (False Alarm) to allow the hearing officer discretion to reduce the amount of assessment for good cause. Deferred to August 19, 2003. 29. ORDINANCE - To amend Chapter 36, Section 36 -5 of the Code of Ordinances of the City of Little Rock providing for an interpretation setting standards for accessory buildings and for other purposes. Deferred to August 19, 2003. Director Keck, seconded by Director Adcock made a motion to defer Item 29 to August 19, 2003,. By unanimous voice vote of the Board members present, the item was deferred. 30. REPORT - City of Little Rock Board of Directors — No report. 31. REPORT - City Manager's Activity Report — No Report. Mayor Dailey asked for a motion to take a break so the Board could go into executive session to make Board and Commission appointments. The motion was made by Director Keck seconded by Director Adcock, and by unanimous voice vote of the Board members present, the meeting was recessed. The meeting reconvened and Mayor Dailey called the meeting back in session. Mayor Dailey asked Mr. Moore to read the recommendations for the various appointments. 32. RESOLUTION NO. 11,572 - Appointments to Various Boards and Commissions E:3 Mr. Moore read the recommendations as follows: Animal Services Advisory Board, Dr. Cole Beerbaum, Sister Cities Commission, Reinstatement of Joe O'Brien, Little Rock Parks and Recreation Commission, Kristi Clark and Melinda Faubel. A motion was made by Director Cazort, seconded by Director Adcock to approve the recommendations. By unanimous voice vote of the Board members present, the resolution to make the appointments was adopted. Director Adcock asked Mr. Moore for an update on the traffic light going in at Henderson Middle School. Mr. Moore stated the light is still on target for the beginning of school, which would be around August 19° 2003, and would keep the Board posted. Director Keck, seconded by Director Cazort made a motion to adjourn. By unanimous voice vote of the Board members present the meeting was adjourned. ATTEST: APPROVE: i Clerk, Xa ncy Wood M y r, Jim Dailey M