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HomeMy WebLinkAbout05-19-98182 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas May 19, 1998 - 6:00 P.M. Beginning at 5:40 P.M., the following presentations were made prior to the convening of the regular meeting of the Board of Directors. Mayor Dailey and Director Wyrick presented Certificates of Appreciation to outgoing members of the Zoning Board of Adjustment Nevil Withrow, Kirby Rowland, and Mark Alderfer. Police Chief Lou Caudell introduced Greensboro, NC Retired Police Chief Sylvester Daughtry, Chairman of the Commission on Accreditation for Law Enforcement Agencies. Chief Daughtry then presented the Certificate of Accreditation for the Little Rock Police Department to Chief Caudell and Mayor Dailey and a Certificate of Appreciation from the Commission to Chief Caudell. Chief Caudell then presented Certificates of Appreciation to 18 departmental personnel for their efforts in assisting the Department to achieve International Accreditation. The Chain of Parks presentation was deferred. Mr. Jonathan Perez, Chairman of the Racial and Cultural Diversity Commission, gave the update on the efforts and tasks undertaken by the Commission. One of the undertakings is authoring a Fair Housing Ordinance. Vice Chair Victor Bolton, chairman of the Ad Hoc Fair Housing Committee, distributed copies of the Fair Housing Process and Outline, Highlights of the Commission, a list of the officers and committee members, as well as a schedule of public meetings to be held regarding the Fair Housing Ordinance. He invited Board Members to attend the public meetings. The committee plans to have the draft of the Fair Housing Ordinance ready by late summer. At 6:03 o'clock P.M. Mayor Jim Dailey called to order the regular meeting of the Board of Directors of the City of Little Rock, Arkansas. In the absence of City Clerk Robbie Hancock, Assistant City Clerk Vanessa Sykes called the roll with the following Directors present: Directors Hinton, Hodges, Cazort, Joyce, Wyrick, Kumpuris, and Kelly - total 7; Absent - Directors Wilson, Keck, and Adcock - total 3. With a quorum present, Mayor Dailey declared the Board of Directors in session and the proceedings of the meeting are recorded as follows. The Invocation was given by Mayor Dailey, followed by the Pledge of Allegiance. Finance Director Harold Boldt distributed copies of the First Quarter Financial Report and briefly reviewed the charts. He then responded to questions and comments by the Board of Directors. He also explained that the Finance Department is working with Pulaski County in the collection of substantial real estate taxes in connection with the issuance of business licenses. A Treasury Analyst has been hired and a Treasury Manager will be hired. They will see that the City's money is managed well and will be reviewing the investment portfolio, pooling assets and collectively investing them. (Director Keck enrolled at 6:15 o'clock P.M.) City Attorney Tom Carpenter distributed copies of the latest draft of the Comcast Cable TV Franchise. He said he would provide the Board with an Executive Summary on Thursday, as well as a draft of the proposal between the City and Link Star which needs a cable franchise to produce limited cable service to a couple of apartment 1 Minutes May 19, 1998 183 complexes. Mr. Carpenter advised that the Board needs to set the date for a public hearing on the Comcast Cablevision Franchise. A copy of the franchise must be on file in the City Clerk's Office at least ten days before it is actually adopted, according to State Law. The public hearing was tentatively scheduled for Thursday, June 11, 1998. (Note: Director Kumpuris left the room during this discussion) (Director Adcock enrolled at 6:25 o'clock P.M.) Consideration was then given to the Consent Agenda which consisted of the following: (1) Approve the Minutes of the Board of Directors regular meeting held December 2, 1997. (2) A motion to set the date of hearing for June 2, 1998, on the appeal of Planning Commission's denial of the application by J. Gardner Lile to rezone 5.5 acres located at the southwest corner of Kanis Road and Edswood Road from "R -2" Single Family District to "C -3" General Commercial District. (3) Resolution No. 10,270, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE ARKANSAS DEPARTMENT OF HEALTH BUREAU OF ALCOHOL AND DRUG ABUSE PREVENTION TO PROVIDE ADULT ALCOHOL AND DRUG ABUSE TREATMENT SERVICES FOR THE TERM JUNE 1, 1998, THROUGH DECEMBER 31,1998. (4) Resolution No. 10,271, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO LITTLE ROCK EQUIPMENT SALES FOR THE PURCHASE OF A THIRTEEN (13) CUBIC YARD REFUSE TRUCK FOR THE PARKS AND RECREATION DEPARTMENT. (5) Resolution No. 10,272, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO UNIVERSITY TRUCK CENTER FOR THE PURCHASE OF TWO THREE (3) CUBIC YARD CREW CAB DUMP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT. (6) Resolution No. 10,273, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF WINDMERE CORPORATION TO PARTICIPATE IN THE ARKANSAS ENTERPRISE ZONE PROGRAM. (Located at 6901 Lindsey Road.) (7) Resolution No. 10,274, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE JOSHUA STREET (FORMERLY PEYTON STREET) FROM 32ND STREET NORTH TO THE ALLEY IN BLOCK 3 OF REMMEL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (June 2, 1998.) (8) Resolution No. 10,275, with the title being: A RESOLUTION TO DECLARE MAY 18 THROUGH MAY 24, 1998, AS NATIONAL PUBLIC WORKS WEEK IN THE CITY OF LITTLE ROCK, ARKANSAS. 2 • Minutes May 19, 1998 (9) Resolution No. 10,276, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO BELL CONSTRUCTION IN THE AMOUNT OF $1,080,609 FOR RENOVATION AND ADDITIONS TO THE POLICE TRAINING FACILITY LOCATED AT 10901 ARCH STREET. Upon a motion and second by Directors Cazort and Keck, respectively, the Consent Agenda was adopted by unanimous voice vote. Item 10 on the Agenda was a public hearing which had been scheduled for this time and place by a motion adopted May 5, 1998, on the appeal of the Planning Commission's denial of an amendment to the City Land Use Plan in the Crystal Valley District from Single Family to Suburban Office. The appeal was filed by Dr. Daniel Lieblong. Mayor Dailey declared the public hearing open at 6:40 P.M. Dr. Daniel Lieblong made his presentation, stating that staff recommended approval but the Planning Commission denied the application because the Bill of Assurance states that only single family homes will be built in that area. He plans to relocate his dental office there. He did some research on Bills of Assurance and hired a real estate attorney. The Board of Directors had been provided a copy of Attorney Charles Brown's letter regarding the Bill of Assurance, in which he noted that there was no provision for a termination date of the covenants, and suggested that Dr. Lieblong get all seven owners of the lots to agree upon the use of each individual lot in the future, and to have a good and valid Bill of Assurance filed to supersede the other three and provide for a sensible use of the property to protect property values. Dr. Lieblong is purchasing four of the seven lots. Mr. John Boyd, 12914 Crystal Valley Road, spoke in support of the proposal. Speaking in opposition was Mrs. Kim Avery, a resident of the Crystal Valley Manor Neighborhood across the street from this property. She presented a letter from Jon and Terri Davidson and a petition containing over 80 signatures of those opposed to the change in the Land Use Plan. Mr. Cory Bennett also spoke in opposition. Dr. Lieblong responded to questions from Board members. In response to a question by Director Joyce, Mr. Jim Lawson, Director of Planning and Development, stated there is some confusion. Some time ago the Planning Commission decided that when there is a major change to the Land Use Plan, they wanted to separate the Land Use Plan from the particular Zoning and discuss it at a separate meeting. What is before the Board at this time is just the Land Use Plan. If the Suburban Office Use is approved, Dr. Lieblong will have to come back with the POD and the sight plan review. Mr. Lawson said staff would be glad to meet with the people in the area to work out any details. If Dr. Lieblong comes back with a POD that is deemed inappropriate, the Board does not have to approve it. If this LUP amendment is denied, Dr. Lieblong can still file the POD, but the first thing Mr. Lawson would say is that it is in conflict with the Land Use Plan. Mayor Dailey declared the public hearing closed at 7:15 P.M., and consideration was given to Ordinance No. 17,726, entitled: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE CRYSTAL VALLEY DISTRICT FROM SINGLE FAMILY TO SUBURBAN OFFICE; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being ten in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on passage of the Ordinance as follows: Ayes - Directors Hodges, Cazort, Keck, Joyce, Kumpuris and Mayor Dailey - total 6; Noes - Directors Hinton, Wyrick, Kelly, and Adcock - total 4; Absent - Director Wilson - total 1. Whereupon, Mayor Dailey declared the Ordinance PASSED. (Director Hodges was excused at 7:25 o'clock P.M.) 3 Minutes May 19, 1998 185 Item 11 on the Agenda was a proposed Resolution, titled: "A RESOLUTION AUTHORIZING LITTLE ROCK WASTEWATER TO EXTEND A SEWER MAIN FOR CONNECTION TO AN EXISTING SEWER MAIN ON PROPERTY OUTSIDE THE CITY LIMITS AT THE NORTHEAST CORNER OF ARCH STREET AND DIXON ROAD." In the absence of Director Wilson, Mayor Dailey said that she wanted the Board to know that she was very much in favor of the Resolution. City Attorney Tom Carpenter noted that there are two references to three inch (3 ") main that should be deleted in the Resolution. Whereupon, Director Wyrick moved to delete three inch (3 ") from the second WHEREAS clause and in Section 2. The motion was seconded by Director Keck, and unanimously adopted. City Manager Cy Carney advised that staff recommends denial, because this property is outside the City Limits and is not contiguous, therefore, it cannot be annexed. In response to a question by Director Wyrick, Mr. Jim Lawson, Director of Planning and Development, explained that the Pre - annexation Agreements do not apply to sewer, only water. When the agreement is signed, then water is extended to property outside the City. However, that does not apply to sewer. City Attorney Tom Carpenter responded to questions by the Board. Mr. Bob McFarlane, representing the owner Hal Matthews, stated he simply was trying to tie -on to the water and sewer systems. The property was originally platted as England Acres, but Phase I is all that was built. This location was platted as a commercial area on the original plat. He gave a brief history of the development and the sewer system. In response to a question by Director Adcock, Mr. Lawson stated the City does not exercise Extraterritorial Zoning in this area. There was some discussion about the property not being contiguous to the City Limits. Director Kumpuris questioned who owned the 75 feet between this property and the City Limits. Mr. McFarlane responded that Mr. Matthews owns the property. Following the lengthy discussion, Director Kumpuris moved to table the Resolution for two weeks. The motion was seconded by Director Adcock, and unanimously adopted. Therefore, the proposed Resolution was tabled until June 2, 1998. At 7:42 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of Directors reconvened at 8:05 o'clock P.M. with Mayor Dailey presiding and eight Directors present. (Directors Wilson and Hodges were absent.) The next presentation was Ordinance No. 17,727, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF RIGHT -OF -WAY DEDICATION REQUIREMENTS FOR H. F. SCRUGGS, INC., LOCATED AT 2910 CONFEDERATE BOULEVARD; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Whereupon, the Ordinance was declared PASSED. Item 13 on the Agenda was a proposed Ordinance entitled: "AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF BOUNDARY STREET IMPROVEMENTS FOR THE LITTLE ROCK TAEKWONDO ACADEMY LOCATED AT 1000 SOUTHEDGE DRIVE." The item was withdrawn from the Agenda as requested by the applicant. 4 186 Minutes May 19, 1998 Item 14 was introduced next, being Ordinance No. 17,728, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING A DEFERRAL OF CORNER RADII IMPROVEMENTS FOR KATHLEEN PEEK APARTMENTS LOCATED AT 1515 ROCK STREET; and the Ordinance was read the first time as providing for a waiver of boundary street improvements. Mr. Stephen Saunders, an architect with Lee and Associates, Batesville, AR, explained there were actually two waiver requests - one for the intersections of Rock Street and 15th Street and 16th Street; and the other for alley improvements. He then explained the waiver requests, and agreed to a deferral of improvements. Regarding the alley waiver, Mr. Saunders said Staff required the applicant to extend the alley from the property line on to 16th Street, which he is not willing to do. The applicant has made improvements to the alley and the parking area off the alley has been paved with curbs. The applicant has put in a new sidewalk but stopped at the property line. It seems unfair that the applicant would have to improve the alley that is not adjacent to his property. Responding to a question by Mayor Dailey, Public Works Director Chandra Russell stated that when the City is required to put in handicapped ramps, the City makes minimum improvements only because of the cost. She said the radii are 5 feet and 9 feet at this location, but standard is 31 -1/2 feet. However, Staff has modified the plan to a 20 foot radii. Director Kumpuris questioned the need for a 20 foot radii in a fully developed neighborhood where it is unlikely there will ever be any development that would require the improvements at the other corners. Responding to questions by Director Cazort, Mrs. Russell stated the alley is a 9 foot unpaved alley, but staff thinks that is inadequate for ingress and egress to this property for parking, and people will be coming from both directions. Director Cazort them moved to amend the Ordinance to provide for a deferral on the two corners until such time as other corner radii changes and to eliminate the requirement for alley improvements. The motion was seconded by Director Wyrick. Director Kelly felt the use of the alley by the tenants should require the applicant to make the alley improvements. There was a general agreement to consider the deferral of the corner radii and not vote on issue of the alley improvements (strike Subsection b and vote only on Subsection a). Whereupon, the motion was unanimously adopted. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to a companion Ordinance dealing with the alley improvements, with the title being: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF ALLEY IMPROVEMENTS FOR KATHLEEN PEEK APARTMENTS LOCATED AT 1515 ROCK STREET; and the Ordinance was read the first time. Director Kumpuris questioned the reason for requiring the applicant to improve property not contiguous to his property. Director Adcock felt the alley should be improved because it was strictly for the use and convenience of the apartments, and not for the neighborhood. The rules were suspended to provide for the second reading of the Ordinance upon a motion and second by Directors Adcock and Cazort, which was unanimously adopted by the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. Following the second reading of the Ordinance, there was a subsequent motion and second by Directors Adcock and Kelly, respectively, to again suspend the rules to provide for the third and final reading of the Ordinance. The motion failed by a voice vote of 7 ayes and 2 noes (Directors Kumpuris and Keck). Failing to receive the 5 Minutes May 19, 1998 187 required eight votes for suspension of the rules, the Ordinance was left on the calendar for third and final reading on June 2, 1998. (Clerk's Note: The City Clerk's Office received a letter from Steve Saunders of Lee & Associates dated May 21, 1998 requesting that the request for a waiver be withdrawn from the June 2, 1998 Agenda because they had agreed to pave the alley) Item 16 on the Agenda was a proposed Ordinance described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF BOUNDARY STREET IMPROVEMENTS FOR KANIS ROAD ONE SOURCE COMMERCIAL SUBDIVISION AT 15701 CHENAL PARKWAY; and the Ordinance was read the first time. There was a motion by Director Adcock, seconded by Director Joyce, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors, and the second reading of the Ordinance ensued. Director Adcock asked if this is the same improvements the Board considered about two years ago. Public Works Director Chandra Russell said that there were two issues at that time, one was a cash contribution for the median cut and the other was a waiver of boundary street improvements on Kanis Road. The Board voted to waive the contribution for the median cut and to deny the waiver of the boundary street improvements. That was November 21, 1995. Mrs. Russell then made a brief presentation. She referred to a letter from White Daters Engineers, dated October 15, 1990, stating that additional right -of -way will be provided for Kanis Road, the arterial on the east side of the site, and Chenal Parkway, and that improvements to those adjacent streets will be made as the adjacent lots are platted. She also read from Planning Commission Minutes that clearly indicate that street improvements were not waived. She also read from a letter by Mr. Gene Pfeifer which clearly indicated that he understood that Kanis Road improvements were a part of this package. She read other documentation that indicated that the requested improvements are less than 10 percent of the development costs, therefore, the hardship is not even close to being met. To summarize, she stated that staff believes the improvements are fair and result from a nexus of the traffic that Lot 1 development creates; and there is no formal waiver. Mr. Chris Parker, attorney for Mr. Pfeifer, said that the Planning Commission sent the PCD to the Board in 1990 without a waiver or deferral or any recommendation at all about what improvements would be required. The Board approved the PCD without a formal waiver or deferral, and as a result, building permits were granted and Certificates of Occupancy were issued. He referred to the Master Street Plan and the classification of these streets. In conclusion he stated that Mr. Pfeifer is not asking for a waiver, but is simply asking for a change in zoning on Lot 3, and he did not believe that triggers or needs to trigger or can trigger a demand for improvements on Kanis that aren't necessary and probably are not going to get built. (Note: The zoning request was not before the Board at this meeting.) Mr. Gene Pfeifer, the applicant, referred to the environment in 1990 when the supposed agreements were put into place, not the present environment when Dairyland is about to be developed. He pointed out the alignment of the street at that time and said he was told the intersection would be a seven lane by seven lane highly signalized intersection. He then gave a brief history of the property. He said he was not interested in seeing Kanis Road built, and he did not acknowledge an obligation to build it. He said the City approached him when he acquired the property in 1988, and asked him to place an alignment for the future north/south collector street on his property. The City acknowledged the obvious fairness of buying the east half of the right -of -way from him, but did not have the money to do so. Mr. Pfeifer agreed to hold that piece of property until the City could come up with the money, which was 1993. Throughout that entire period he had been willing to join with the City to build that road, and he was ready to build it now. The City asked for the Kanis improvements, but he did not acknowledge an obligation for the Kanis improvements. His letter is an offer to turn that request into something that would be a mutual advantage to him and the City, that is the building of the north/south road. The letter is simply an offer to change the deal, but the City did not 6 • Minutes May 19, 1998 accept that offer. He concluded by asking the Board to rezone the property not subject to any boundary street improvements on Kanis Road. Mayor Dailey asked why the waiver was before the Board without the rezoning request. Mr. Jim Lawson, Director of Planning and Development, said the zoning has been approved by the Planning Commission and is enroute to the Board. Public Works said this was a bigger issue than just the rezoning of Lot 3 because there is an unresolved issue on street improvements that needs to be resolved. This is a very complicated issue that goes back many years. The Planning Commission saw this as two separate issues, but Public Works says it is tied together. After further discussion, the Board agreed to leave the Ordinance on the calendar for second reading on June 2, 1998, and to consider the rezoning request at that time also. Items 17, 18, and 19 on the Agenda were deferred to May 26, 1998 as noted on the Agenda Modifications. Therefore, no action was taken on the following: (17) A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF LITTLE ROCK TO ZONE THE COLLEGE STATION COMMUNITY LOCATED WITHIN THE LITTLE ROCK PLANNING JURISDICTION. (18) AN ORDINANCE AUTHORIZING A SEWER SERVICE CONTRACT BETWEEN PULASKI COUNTY, ARKANSAS AND THE CITY OF LITTLE ROCK, ARKANSAS/LITTLE ROCK SANITARY SEWER COMMITTEE FOR COLLEGE STATION UNINCORPORATED AREA. (19) AN ORDINANCE AUTHORIZING A SEWER SERVICE CONTRACT BETWEEN COLLEGE STATION SUBURBAN SEWER IMPROVEMENT DISTRICT NO. 243 AND THE CITY OF LITTLE ROCK, ARKANSAS/LITTLE ROCK SANITARY SEWER COMMITTEE FOR COLLEGE STATION UNINCORPORATED AREA. Consideration was then given to Ordinance No. 17,729, entitled: AN ORDINANCE TO APPROVE A CONTRACT WITH THE PULASKI ENTERPRISE COMMUNITY ALLIANCE TO PROVIDE BONDING AND TECHNICAL SUPPORT FOR SMALL BUSINESSES; REPEALING RES. NO. 10,208 (2- 24 -98); DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. The next presentation was Ordinance No. 17,730, described as: AN ORDINANCE AMENDING CHAPTER 8 AND CHAPTER 12 OF THE LITTLE ROCK CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION BY REFERENCE OF THE 1997 STANDARD BUILDING CODE WITH ARKANSAS AMENDMENTS AND 1997 REVISIONS AND THE 1997 STANDARD FIRE PREVENTION CODE WITH ARKANSAS AMENDMENTS AND 1997 REVISIONS, AND FOR OTHER PURPOSES; 7 Minutes May 19, 1998 • and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,731, with the title being: AN ORDINANCE AMENDING LITTLE ROCK, ARK. ORDINANCE NO. 16,704 (JULY 13, 1994) TO PARTIALLY MODIFY THE CRITERIA FOR MEMBERSHIP ON THE COMMISSION ON DOMESTIC VIOLENCE AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,732, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL OF CORNER RADIUS IMPROVEMENTS FOR KATHLEEN PEEK APARTMENTS LOCATED AT 8TH AND BYRD STREETS; and the Ordinance was read the first time as providing for a waiver of boundary street improvements. Director Kelly expressed concerns about granting the waiver. After some _ discussion, a motion was made by Director Cazort to provide for a deferral of boundary street improvements for five years or until future development occurs. The motion was seconded by Director Hinton and unanimously adopted. The rules were suspended to provide for the second and third readings of the Ordinance, as amended, by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Whereupon, the Ordinance, as amended, was declared PASSED. The next presentation was Ordinance No. 17,733, described as: AN ORDINANCE APPOINTING COMMISSIONERS TO SERVE ON THE MABELVALE - ALEXANDER SEWER IMPROVEMENT DISTRICT NO. 142 OF LITTLE ROCK, ARKANSAS; (Alan Mortier and Mary Ann Reves) and the Ordinance was read the first time. The rules were suspended to provide for the second and third readings of the Ordinance by unanimous vote of the Board Members present, being nine in number and two- thirds or more of the members of the Board of Directors. A roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 9; Noes - None; Absent - Directors Wilson and Hodges - total 2. Whereupon, the Ordinance was declared PASSED. 8 v_ 190 Minutes May 19, 1998 Introduced next was Resolution No. 10,277, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ARKANSAS ENTERPRISES FOR THE DEVELOPMENTALLY DISABLED (AEDD) TO PROVIDE $136,000 IN HOME FUNDS TO CONSTRUCT TWO STRUCTURES IN THE 2000 BLOCK OF ALDERSGATE ROAD. Director Adcock asked who will be using these units and if the neighborhood was informed. Mrs. Sara Moore, CDBG & Housing Programs Manager, stated the units would be used by clients of the Arkansas Enterprises for the Developmentally Disabled (AEDD). City Attorney Tom Carpenter cautioned Board Members about the line of questioning. The use of Federal funds prohibits discrimination on the basis of sex, creed, national origin or disability. Mr. Jim Hinson, Director of AEDD, stated these are not apartments, they are three and four bedroom homes. AEDD has units at 1925 Perry and 20th and Wilson. AEDD officials talked with the neighbors in both areas and they have no problems with the facilities or the occupants. (Director Joyce recused from this discussion because her uncle is Executive Director of AEDD and she left the room at 9:37 P.M.) These clients are autistic, mentally retarded, some have eating disorders, etc. Mr. Hinson said there are no residences within a block of this location. Following the reading of the Resolution, Director Keck moved for its adoption. Director Cazort seconded the motion. and the Resolution was adopted by a voice vote of 7 ayes, 1 no (Adcock), 1 recused (Joyce), and 2 absent (Wilson and Hodges). (Director Joyce re- enrolled at 9:46 o'clock P.M.) Consideration was then given to Resolution No. 10,278, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR ENVIRONMENTAL ASSESSMENT OF CITY OWNED PROPERTY. (Pollution Management, Inc.) Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Cazort and the Resolution was unanimously adopted. The next presentation was Item 27, being Resolution No. 10,279, entitled: A RESOLUTION OF INTENT TO GRANT WATER SERVICE TO ALEXANDER, ARKANSAS; TO DIRECT THAT A CONTRACT FOR SUCH SERVICES BE DRAFTED IN ACCORDANCE WITH STATE STATUTE; AND FOR OTHER PURPOSES. Following the reading of the Resolution, Mr. Jim Lawson, Director of Planning and Development, explained that the request is to extend water into the Saline County portion of the City of Alexander. Over the years, there have been individual customers that were in the City of Alexander that received City water, before the City of Little Rock ever established a water policy. The Little Rock Municipal Water Works owns the lines. There is no contract with the City of Alexander like there is with Benton and Bryant. This request is for four customers that live in the Saline County portion of the City of Alexander. The lines are there and water service could be provided. There would be an agreement with the City of Alexander that water would not be extended outside the City Limits and it would have growth control - the same requirements as for Bryant and Benton. Mr. Lawson recommended approval of the Resolution, with the understanding that water would not be extended until the contract is signed. Alexander Mayor Shirley Johnson stated that Alexander has been approved for a grant for 9 homes that don't have water, 8 of which are in Saline County. They are currently on wells and really need City water. In response to a question by Mayor Dailey, City Attorney Tom Carpenter stated that he will work with Little Rock Municipal Water Works to develop a contract that will include the current users all within this contract so that it is between the Little Rock City Board and the Alexander City Council and the growth controls will be part of the 9 Minutes May 19, 1998 191 contract. There was a motion by Director Adcock to adopt the Resolution. The motion was seconded by Director Kumpuris, and the Resolution was unanimously adopted. Introduced next was Resolution No. 10,280, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE MASTER LEASE AGREEMENTS WITH WIRELESS COMMUNICATIONS COMPANIES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE SITE COMMENCEMENT AGREEMENTS FOR THE PLACEMENT AND OPERATION OF WIRELESS COMMUNICATIONS FACILITIES ON CITY PROPERTY. (Re: Telecorp Holding Corp., Inc.) Following the reading of the Resolution, City Attorney Tom Carpenter stated that additional language needed to be added to Section 2 after the word Resolution: "together with such additional terms or modifications in the forms deemed advisable and acceptable to the City Attorney." Director Keck moved to amend the Resolution as stated by Mr. Carpenter. The motion was seconded by Director Kumpuris and unanimously adopted. Director Hinton moved for adoption of the Resolution, as amended. The motion was seconded by Director Kumpuris, and the Resolution, as amended, was unanimously adopted. Director Kumpuris commended City staff for a job well done. There would have been a very steep fee if a consultant had prepared this. He then moved to direct the City Manager to look into hiring a consultant on a limited basis to come in and work with staff to present an overall marketing plan or formal policy on how the City will deal with these issues. The motion was seconded by Director Adcock and unanimously adopted. Item 30 on the Agenda was a discussion of the claim for damage to the property of Jennifer Duke at 316 North Palm Street. (See Minutes of February 3, 1998, April 21, 1998, and May S, 1998.) Mayor Dailey reported that the committee of himself, City Manager Cy Carney, Directors Adcock and Cazort, and the consultant engineer visited the site two days ago and toured the area. Mr. Carney reported that the consultant engineer, after looking at the site, the watershed, and all factors, concluded that the City took no action that would have impacted negatively the flooding situation and caused damage to Mrs. Dukes property. He also laid out a plan for corrective action. Mr. Carney is comparing the engineer's recommended plan with the City's plan and will provide a report to the Board on Thursday. Director Cazort reported that the problem occurs from the back of the house across the street from Mrs. Duke, and briefly described the situation. In conclusion, he stated the City did not do anything intentionally that caused flooding to Mrs. Duke's property and he could not support paying the claim. Mrs. Duke then distributed documents that she said would show that the City was liable. She stated that everyone keeps saying the City is not liable but never explained why. She asked if the engineer had looked at all the reports of all the work that was done for the past 16 years and the reports from last March, because just looking at the situation all you can see is damage; you cannot see what is underneath the ground. She referred to a work report that stated that a possibility of storm drain conflict existed, yet they did the work anyway. She also referred to a letter written by City Attorney Tom Carpenter, dated April 30, stating that cities do not enjoy immunity from intentional torte. Mr. Carpenter said the March report was a Little Rock Wastewater report, not a Public Works document - that is the reason City staff never could find it. Mrs. Duke argued that the damage to her property occurred after the work was done, which started March 3 and was completed April 4. Consideration was then given to Item 26 on the Agenda, being a proposed Ordinance entitled: AN ORDINANCE TO CREATE A COMMUNITY HOUSING ADVISORY BOARD; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 10 192 Minutes May 19, 1998 Director Cazort stated he was not comfortable with creating a new board while discussing the possibility of consolidation of various Boards and Commissions. Therefore, the Ordinance was deferred until June 2, 1998. Item 29 on the Agenda was a motion approving the City of Little Rock 1999 Legislative Priority List. During the lengthy discussion, Director Wyrick stated she was opposed to the way the storm water utility would be enacted. The Board then agreed to incorporate into the language of the legislation that it could be enacted either by the Board of Directors or by a vote of the people. Following the discussion, Director Keck moved to approve the 1999 Legislative Priority List. The motion was seconded by Director Cazort and unanimously adopted. The City Manager's Activity Report included arrest vs. suspect clarification; school warning beacon update; neighborhood roll -off program; ISTEA funding of street improvement projects, basketball goal placement and removal; and bond sale for the Presidential Library. Director Adcock presented a list of 38 condemned structures and asked City Manager Cy Carney to come back with a plan of action and what liability the City has on these buildings. There being no further business to be presented the Board of Directors recessed at 10:40 o'clock P.M. to reconvene at 4:00 o'clock P.M. on Tuesday, May 26, 1998, to consider the three items related to the College Station zoning and sewer service. ATTEST: (:::ZGt&LL WAe1CJ1_ City Clerk Robbie Hancock 11 APPROVE13: aayor Jim Dailey