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HomeMy WebLinkAbout10-06-98278 Board of Directors Room City Hall - 500 W. Markham Little Rock, Arkansas October 6, 1998 - 6:00 P.M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Jim Dailey presiding. City Clerk Robbie Hancock called the roll with the following Directors present: Directors Hinton, Cazort, Keck, Joyce, Wyrick, Kelly, and Adcock - total 7; Absent - Directors Wilson, Hodges, and Kumpuris - 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 Director Adcock, followed by the Pledge of Allegiance. The first presentation was by Ms. Cathy Collins, Executive Director of the Racial and Cultural Diversity Commission, who gave a brief preview of World Fest, a multi - cultural event to be held October 16 -17, 1998, at MacArthur Park. (Directors Hodges and Kumpuris enrolled at 6:08 o'clock P.M.) The next presentation was by Mr. Bob Russell and Ms. Nina Cash of the Pulaski County Multipurpose Civic Center Facility Board, who updated the Board of Directors on the status of the Alltel Arena being constructed just across the river in North Little Rock. Alltel Arena Project Manager A. J. Hunkele and others responded to questions by the Board. The completion targeted date is mid - August, 1999. The Outreach Coordinator of Shepherd's Ranch thanked the Board of Directors for the City's contribution of Prevention, Intervention, and Treatment (PIT) funds to Shepherd's Ranch, and introduced three young people who told how Shepherd's Ranch had helped them. Consideration was then given to the Consent Agenda which consisted of the following: (1) Approval of the Minutes of the Board of Directors regular meetings held June 2, 1998, June 16, 1998, and July 7, 1998, and the reconvened meeting held July 14, 1998. (2) The Firemen's Relief and Pension Fund Financial Statement for the year ended December 31, 1997. (To be received and filed.) (3) The Policemen's Pension and Relief Fund Financial Statement for the year ended December 31, 1997. (To be received and filed.) (4) The Municipal Judges' Retirement Fund Financial Statement for the year ended December 31, 1997. (To be received and filed.) (5) The City of Little Rock Comprehensive Annual Financial Report for the year ended December 31, 1997. (To be received and filed.) (6) The City of Little Rock, Arkansas Nonuniformed Employees' Defined Benefit Plan Financial Statement for the year ended December 31, 1997. (To be received and filed.) (7) The City of Little Rock, Arkansas Nonuniformed Employees' Defined Contribution Plan Financial Statement for the year ended December 31, 1997. (To be received and filed.) 1 Minutes October 6, 1998 279 (8) Resolution No. 10,363 entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO SEARCH INDUSTRIAL LAUNDRY FOR ANNUAL LEASE OF UNIFORMS FOR PUBLIC WORKS OPERATIONS EMPLOYEES. (9) Resolution No. 10,364, described as: A RESOLUTION DIRECTING AND AUTHORIZING THE MAYOR AND CITY CLERK TO MAKE, EXECUTE AND DELIVER A SPECIAL WARRANTY DEED CONVEYING LOTS 7, 8, 9, 10, 11, AND 12, BLOCK 39, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS TO THE CENTRAL ARKANSAS TRANSIT AUTHORITY FOR THE DEVELOPMENT, USE AND OPERATION THEREOF AS PART OF THE RIVER CITY TRAVEL CENTER, A PUBLIC TRANSPORTATION PURPOSE AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. (Located on Rock Street between East Fourth and East Capitol Streets) (10) Resolution No. 10,365, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE A PORTION OF COTTONDALE LANE IN THE RIVERDALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (October 20, 1998.) (11) Resolution No. 10,366, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE A PORTION OF ELM STREET BETWEEN FOURTH AND FIFTH STREETS IN THE CITY OF LITTLE ROCK, ARKANSAS. (October 20,1998.) (12) Resolution No. 10,367, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT FOR THE PURCHASE OF A CATCH BASIN CLEANER TRUCK FOR THE PUBLIC WORKS OPERATIONS DIVISION. (Not to exceed $179, 000.) (13) Resolution No. 10,368, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PURCHASE LOT 12, BLOCK B, EAST END ADDITION, FROM SQUARE DEAL, INC., IN THE AMOUNT OF $2,250 FOR THE LOCATION OF A NEIGHBORHOOD ALERT CENTER. (Located at East 6th and Calhoun Streets) (14) Resolution No. 10,369, entitled; A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DEEDS TO EXCHANGE A CITY OWNED LOT AT 1103 EAST 8TH STREET, FOR LOT 13 AND THE EAST 1/2 OF LOT 14, BLOCK B, EAST END ADDITION, OWNED BY BAIRD, INC. FOR THE LOCATION OF A NEIGHBORHOOD ALERT CENTER. (Located at East 6th and Calhoun Streets.) 2 US$ Minutes October 6, 1998 (15) Resolution No. 10,370, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION ON BEHALF OF MINORITY ECONOMIC DEVELOPMENT TO THE DEPARTMENT OF COMMERCE AND THE AGENCY OF MINORITY BUSINESS DEVELOPMENT FOR GRANT FUNDS TO OPERATE THE MINORITY BUSINESS OPPORTUNITY COMMITTEE (MBOC) PROGRAM. (16) Resolution No. 10,371, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH V. R. SMITH & SONS, INC. IN THE AMOUNT OF $2,108,900 TO REMODEL LEE SCHOOL FOR A NEIGHBORHOOD RESOURCE CENTER. (17) Resolution No. 10,372, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH UNITED TELESYSTEMS, INC. WHETHER DIRECTLY OR AS PART OF A METROPLAN CONTRACT, FOR BROADBAND BUSINESS CASE DEVELOPMENT AND STRATEGIC PLANNING SERVICES; AND FOR OTHER PURPOSES. (18) A motion to set the date for a public hearing on October 20, 1998, on the appeal of the Planning Commission's denial of an amendment to the Land Use Plan (16,222) in the Pinnacle Planning District from Single Family to Service Trades District; and for other purposes. (Appeal filed by Richard Norwood re: 8400 Ferren Lane.) (19) Resolution No. 10,373, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT BIDS AND AWARD A CONTRACT TO KEMP INSTRUMENTS, INC. OF TULSA, OKLAHOMA, IN THE AMOUNT OF $60,785 FOR PURCHASE OF GPS INSTRUMENTS AND ASSOCIATED SOFTWARE. (For Public Works Civil Engineering.) (20) Resolution No. 10,374, with the title being: A RESOLUTION TO CONTINUE A MORATORIUM FOR A PERIOD OF SIX MONTHS TO STOP THE ISSUANCE OF BUILDING PERMITS OR ACCEPTANCE OF REZONING APPLICATIONS FOR THE AREA OF THE CLINTON PRESIDENTIAL LIBRARY; AND FOR OTHER PURPOSES. (21) A proposed Resolution confirming appointment of Michael Hutchinson to the Little Rock Housing Authority was removed from the Consent Agenda and considered with Item 40 - Appointments. However, no action was taken and the confirmation was returned to the Housing Authority. Upon a motion and second by Directors Adcock and Keck, respectively, the Consent Agenda was adopted by unanimous voice vote. Director Adcock asked that Item 28 on the Agenda be considered after Citizen Communications, since the Ordinance was on second reading. However, the applicant was not present at that time, so the Board did not agree to consider it after Citizen Communications. Director Cazort announced that the Zoo Task Force would be conducting a public hearing at the Zoo on Monday October 19, 1998, and encouraged Zoo patrons to attend. 3 Minutes October 6, 1998 281 At the time allotted for Citizen Communications, the first speaker was Rev. Billy Rufus, who spoke on behalf of the Tomberlin Community Development Center, stating that Tomberlin CDC formed a partnership with Koban, which is Japanese for community policing. Rev. Rufus said Koban works, and asked permission of the Board of Directors to keep the police officer in order to keep the program working. He asked the Board to reverse the decision about removing Police Officer Charles Neblum from the Housing Development area of east Little Rock. The next speaker during Citizen Communications was Ms. Beverly White. She said she had discovered that the Little Rock Parks and Recreation Department is in the process of spending millions of dollars to cut down trees in Rebsamen Park, Boyle Park, and Rock Creek Park. In the case of Rebsamen Park, they call it golf course redesign. She asked the Board not to allow this to happen. Mayor Dailey asked City Manager Cy Carney to respond in writing. The last speakers during Citizen Communications were Charlotte Sanders, Tenant Council President of Kramer Artist Cooperative, and Essie Ward, Vice President, who briefly told about the Cooperative which is located in the old Kramer Elementary School Building at 7th and Sherman Streets. They invited the Board to come by anytime. There will be an anniversary celebration and open house on October 24 with a week of events to which the public is invited. (Note: The City of Little Rock assisted in the financing of the redevelopment of Kramer School which was badly deteriorated and scheduled for demolition.) Item 28 on the Agenda was a proposed Ordinance entitled: "AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE 65TH STREET DISTRICT FROM SINGLE FAMILY AND NEIGHBORHOOD COMMERCIAL TO SERVICE TRADE DISTRICT AND PARK/OPEN SPACE; AND FOR OTHER PURPOSES." (Area bounded by Stagecoach, Herndon, Lanehart and McPhearson Roads.) The Ordinance had been deferred from September 1, 1998 and read the first time on September 15, 1998, at which time there was strong opposition presented, and the Ordinance was left on the calendar for second reading. At this time, Mr. Jim Hathaway, speaking on behalf of the applicant Mr. Buddy Ellis, said that Mr. Ellis had requested withdrawal. Whereupon, Director Kelly moved that the proposed Ordinance be withdrawn. The motion was seconded by Director Adcock and unanimously adopted. Consideration was then given to Item 22 being Ordinance No. 17,827, entitled: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF LITTLE ROCK. (Pulaski Academy Annexation - 53.26 acres on Denny Road northwest of Kanis Road.) There was a lengthy discussion beginning at 7:05 P.M. when Mr. Jim Lawson made a slide presentation, giving the history of aggressive annexation strategy, and addressing urban sprawl, population loss, income, traffic count, etc. He then addressed the Pulaski Academy annexation, referring to the Land Use Master Plan, location of households serving the school, fire and police service, infrastructure development, etc. In conclusion, he stated that staff felt Pulaski Academy does comply with current annexation policies. He then responded to questions from Board members. Mr. Thad Luther, Director of Engineering of Little Rock Wastewater Utility, also responded to questions regarding sewer service. Director Kelly felt the City should start to figure the cost of a sewage treatment facility in west Little Rock into the annexation analysis. Mr. Luther said the Little Rock Wastewater Utility does charge an impact fee in its current extension policy. Responding to a question by Director Kelly, Mr. Lawson said the City established an aggressive annexation policy about 1976 when it hired the Booz Allen Firm and the Board adopted about eight goals. Mr. Larry Berkley, Chairman of the Little Rock School Board, said there were some misconceptions resulting from the initial letter from the School Board to the City Board. The Little Rock School Board is not against all growth and development and it is not actively doing anything to hurt Pulaski Academy. 4 282 Minutes October 6, 1998 The School Board does have some very serious concerns relative to potential future annexations. The annexation of land outside the Little Rock School District could affect the School District in a negative way. We all need to realize that our ability to desegrate the schools is very heavily dependent on housing desegration. He requested the Board of Directors to take this issue very seriously. He asked the Board to support the Fair Housing Ordinance when it is submitted by the Little Rock Racial and Cultural Diversity Commission, and to also hold developers to developing fair housing in western Little Rock. At 8:00 o'clock P.M. Mayor Dailey declared a ten minute recess before citizens spoke on the annexation issue. The Board of Directors reconvened at 8:20 o'clock P.M. with Mayor Dailey presiding and nine Directors present (Director Wilson was absent). Before continuing the annexation discussion, Mayor Dailey allowed Attorney Darrell Brown to speak on behalf of the Little Rock Black Police Officers Association, since he arrive too late to speak during Citizen Communications. Mr. Brown addressed four concerns: promotions, terminations, transfers, and disciplinary actions taken against black police officers. He said recently the City has implemented a new promotion procedure and the new procedure has, in essence, eliminated the possibility of 99% of the black police force from being considered for Police Chief or Assistant Chief positions. The policies need to be revisited. Mr. Brown said the complaints of the black police officers need to be addressed by someone other than the Little Rock Civil Service Commission. The morale of the black police officers is at an all time low. Mayor Dailey asked City Manager Cy Carney to respond and to meet with Mr. Brown and representatives of the Black Police Officers Association. (Continued annexation discussion - Ordinance No. 17,827.) Judge Wendell Griffin, a member of the Pulaski Academy Board of Directors, spoke in support of the annexation. Mr. Granville Butler and Mr. Scott Copeland, president and vice president, respectively, of the Marlow Manor Property Owners Association, spoke in support of the annexation and addressed the traffic problems at the current location. Judge Griffin said the issues affecting the annexation have been thoroughly covered by staff, and the intolerable traffic problem is the reason for moving Pulaski Academy. Pulaski Academy will pay for all necessary infrastructure improvements. Karen Hughes spoke on behalf of the carpool moms, stating the major traffic problems have to do with the younger children, which is the group that will be moving to the Denny Road location. A Pre - annexation Agreement without annexation would not give Pulaski Academy first response for fire service or police service. Pre - annexation agreement is no guarantee of when we will be annexed. Annexation is the only way to receive what we need. Mr. Dickson Flake, representing Fifty for the Future, expressed serious concerns about the economic development of the community and the financial health of the City. We can't control market forces that are going to determine where people live. The City has had a consistent policy of requiring annexation to receive city services and of accepting the annexation of contiguous properties. The one thing that was missing was the aggressive efforts to revitalize the mature neighborhoods and you corrected that five years ago with Future- Little Rock. He urged the Board to maintain a consistent policy regarding annexations and city services, and to accept this annexation and future annexations. Mrs. Sandy Burnett and Mr. Bob Shell spoke in support of the annexation and urged the Board to approve it. Mr. Arch McIntosh, Superintendent of Pulaski Academy, responded to questions by Director Keck by explaining the goals for the school. The plan is to move the early childhood center (approximately 255 students) to the Denny Road location as Phase I, which will free up room to move students from the portable buildings to the permanent building at the current campus. We will have to raise the money to build the other phases. The only increase is 32 students. We have set an enrollment cap of 1332 students. In response to a question by Director Joyce, Judge Griffin explained the requirements for a new location: land size of 40 -50 acres under a single ownership, a willing seller, within reasonable location of our constituents, and provide traffic safety. Director Hinton asked what would happen to the property at the current location when Pulaski Academy completely relocates to the Denny Road location. Mr. Chris Barrier said Pulaski Academy would ask the Board to amend the current Conditional Use Permit 5 Minutes October 6, 1998 283 to be personal to Pulaski Academy so that it will expire when Pulaski Academy ceases using the property. The property would then revert to residential and another owner would have to come to the Board to change the zoning classification. Please amend the Conditional Use Permit so that it expires when Pulaski Academy ceases to use the property. (See Resolution No. 10,375 below) A Conditional Use Permit in a residential zone is very specific. 1332 students- is the limit unless the Conditional Use Permit is amended by the Board of Directors. Mayor Dailey asked City Attorney Tom Carpenter to prepare the amendment requested by Mr. Barrier. Opposition was then presented. Mrs. Kathy Wells, President of the Downtown Neighborhood Association, read a prepared statement in opposition to the annexation. Mrs. Ruth Bell, representing the League of Women Voters of Pulaski County, also spoke in opposition, stating there are several problems with this particular annexation. She said Denny and Kanis Roads are not in a condition to carry a vast increase in the traffic. The Board needs to commit to the support of smart growth. Mr. Bud Barnes said the City has a Planning Commission without a plan. All he sees is a lot of bulldozing going west. Citizens need a choice. We need quality development downtown. Mrs. Johnny Pugh said she was very concerned about this city. We are looking at our businesses leaving our city. It makes no sense for Little Rock to add new territory when existing neighborhoods have so many unsolved problems. This annexation proposal says nothing about who will pay for the widening of Denny Road except for the little strip in front of the school. She said downtown citizens would be watching the next bond issue to see if they were paying for a road they never use. Mr. Terry Sims asked the Board to think about putting all that traffic from Pulaski Academy on this narrow, antiquated, two lane country road, referring to Denny Road. He didn't think the City should let Pulaski Academy annex and start building without having a commitment to improve the whole road. Mr. Bill Asti said he represented the City of Little Rock on the Transportation Advisory Council and the Technical Coordinating Committee dealing with transportation issues in which Little Rock was a signatory participant and he was instrumental in writing a lot of land use aspects of the goals and objectives for that group. Mr. Asti said he was for private education and for competition in the educational market place. Educational excellence is the key to the security of our economy and the security of our community. Annexation is a wonderful tool if it is in conjunction with rational public policy that deals with growth issues. Under present circumstances, the multiple annexations over the years and the annexation of Pulaski Academy, without a growth policy and no economic policy has caused our community to become extremely inefficient and less competitive. He suggested that we quit delaying addressing the pertinent issues and deal with real growth. Mrs. Nancy Lowe, who served on the FUTURE- Little Rock Task Force, reminded the Board that we are supposed to be following some of the conclusions we came to in FUTURE- Little Rock and she didn't think we were continuing to do that. We have dropped the ball. This is one of the issues where it is very pertinent, because the annexation of this school at this time in our economic development, or lack thereof, violates all of the things we concluded in FUTURE- Little Rock. At 9:45 P.M. Director Kelly read a prepared statement. He said he was not trying to build a wall around Little Rock and Pulaski Academy is not responsible for problems with the Little Rock School District. He said the Planning Staffs presentation of this annexation continues to reflect a short- sighted incomplete picture of the impacts of annexation. If annexation has been so good for us, why do we have a $1.5 million infrastructure backlog? If it's so good for us, why are we about to propose a major bond issue to cover infrastructure expenses? Staff continues to deny that there are incremental costs to extending services anywhere. We are not asking the right questions. The question the Planning Staff needs to be asking is how can we grow and thrive in a way that benefits the entire city. He commended the Planning Commission, stating he supported its decision, and he respected the position of the School Board, and he believed it was time to stop and think long and hard before we proceed. That is why he would be voting against the annexation. Director Kumpuris said the public needs to understand that we are talking about two issues: (1) the annexation of 50 acres of land; and (2) an annexation policy for the City. We tend to get the two confused. The job we are here to discuss is 50 acres of land. Director Kumpuris also made three points. First, this Board has mortgaged everything it can borrow to help infrastructure in this city. We have worked on the policy that money would go to where the needs were greatest. And 2 284 Minutes October 6, 1998 we spent the money in downtown and southwest Little Rock. But we don't have enough money and it's a real problem. Second, we do have a $1.5 million worth of infrastructure, but it was not run up because of western growth. Third, I went through FUTURE- Little Rock and I listened to the two biggest proponents of each side on sustained growth/smart growth. That was David Jones and Jim Lynch. We paid $200,000 for Paul Tischler to do a study on sustained growth. In Little Rock, Arkansas, right now people have choices and they vote with where they want to be. If you try to build a wall or make artificial barriers, then people leave and go somewhere else. Personally, my whole emphasis has been to try to bring back downtown Little Rock. Businesses are wanting to come to downtown, and that will continue if we will just stay the course. You have to have a strong downtown. You have to have a vibrant downtown. You have to have these things happening. But you simultaneously have to let the rest of the city grow. That is what your growth policy is. We recognize that downtown and central Little Rock has been slighted. As we get people and businesses downtown, we are going to stabilize and grow the neighborhoods downtown. Director Adcock asked City Attorney Tom Carpenter to please explain the bonds that have been mentioned tonight. Mr. Christopher Barrier, an attorney representing Pulaski Academy, stated that Pulaski Academy does not have to be within the City of Little Rock to take advantage of tax exempt financing. As a 501(c)(3) organization it may request a public facilities board either from the County or the City to issue tax exempt bonds which would lower the cost of operating the school and hence lower tuition requirements. Pulaski Academy wants to stay in the City and assumes it will eventually be in the City at its new location. Pulaski Academy would like to have a city or county special purpose public facilities board for all of its tax exempt financing. Bond holders are exempt from federal and state income tax on interest received. There is no cost to the citizens of Little Rock. Director Hinton asked Mr. Herb Hawn, a member of the Little Rock Planning Commission, to respond to the tax increment bonding issue. Mr. Hawn said the Planning Commission was not advised of the bond issue. He said expansion is not necessarily growth or economy. Mr. Hawn said he didn't see where economy, environment, and equity were exclusively benefited by the annexation of this 53 acres. Mayor Dailey made a long presentation, in which he quoted several statements from the Tischler Report that was done in connection with FUTURE- Little Rock, and were relevant to annexation and sustained growth. There are plenty of opportunities for us to look at where we are going, how we develop, how we grow, how we have the amenities and qualities that FUTURE- Little Rock talked about, but some of it is a revenue issue, particularly when it comes to infrastructure. I think we have turned the corner and I think that the City of Little Rock is ready to step up to another level. I think that central Arkansas is becoming unified and is becoming a cohesive, collective, economic engine that I believe is something very powerful. We need to capitalize on the qualities that a region can have, too. We must address these issues on a regional basis. Director Keck made a brief statement, saying that the Board members have come together in spite of the differences of opinion. Five years ago we answered a public safety crisis and put more police officers on the street. We realized we needed to do something about infrastructure and we found money to do that. We dedicated a lot of resources to downtown. The Board is committed to revitalizing our entire City. At 10:22 o'clock P.M. 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 ten 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 Adcock, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, and Mayor Dailey - total 8; Noes - Directors Kelly and Hinton - total 2; Absent - Director Wilson - total 1. Whereupon, the Ordinance was declared PASSED. (See Resolution No. 10,375 below, pursuant to request of Pulaski Academy.) Added to the Agenda upon a motion by Director Adcock, which was seconded by Director Keck and unanimously adopted, was a companion Resolution No. 10,375, with the title being: 7 Minutes October 6, 1998 A RESOLUTION OF INTENT TO REVOKE ANY CONDITIONAL USE PERMIT WHICH MAY EXIST FOR PULASKI ACADEMY ON HINSON ROAD ONCE IT HAS MOVED ITS SCHOOL CAMPUS FROM HINSON ROAD TO DENNY ROAD; AND FOR OTHER PURPOSES. Following the reading of the Resolution by City Attorney Tom Carpenter, Director Adcock moved for its adoption. The motion was seconded by Director Keck, and the Resolution was unanimously adopted. At 10:25 o'clock P.M. Mayor Dailey declared another ten minute recess. The Board of Directors reconvened at 10:38 o'clock P.M. with Mayor Dailey presiding and nine Directors present (Director Wilson was absent). Director Hodges made a brief comment in which he objected to individuals speaking from the podium making personal attacks on Board Members or City Staff. He said the Board had discussed ideas to improve decorum at the Board meetings and one of the rules was that any person making personal attacks would be declared out of order. He asked that Mayor Dailey enforce that rule. (Director Hodges was referring to some of the comments made during the annexation discussion) Introduced next was Resolution No. 10,376, described as: A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF LITTLE ROCK TO ZONE THE COLLEGE STATION COMMUNITY LOCATED WITHIN THE LITTLE ROCK PLANNING JURISDICTION. Following the reading of the Resolution, Director Adcock requested that Planning Director Jim Lawson explain exactly what was proposed. Mr. Lawson said that in order to extend sanitary sewer service to the College Station area, it was determined by the Little Rock Planning Commission that the City of Little Rock have some kind of land use control in the area. By law the City does have extraterritorial control. This Resolution just declares the intent of the City to plan and zone the area. Staff will be holding meetings in the area to inform the residents. This does not mean we will control building permits, dog leash laws, etc. Director Kelly moved for adoption of the Resolution. The motion was seconded by Director Adcock, and the Resolution was unanimously adopted. A public hearing had been scheduled for this time and place by Resolution No. 10,354, adopted September 15, 1998, on the contract between the City and College Station Suburban Sewer Improvement District No. 243 for sanitary sewer service in the unincorporated area of the College Station Community. The notice of hearing was published by Little Rock Wastewater Utility. Mayor Dailey declared the public hearing open at 10:38 o'clock P.M. No one was present who wished to speak on the issue. Mayor Dailey declared the public hearing closed and Ordinance No. 17,828 was presented, with the title being: AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF LITTLE ROCK AND COLLEGE STATION SUBURBAN SEWER IMPROVEMENT DISTRICT NO. 243 FOR SANITARY SEWER SERVICE IN THE UNINCORPORATED AREA OF THE COLLEGE STATION COMMUNITY; AND DECLARING AN EMERGENCY; 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; H., 286 Minutes October 6, 1998 Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. A public hearing had been scheduled for this time and place by Resolution No. 10,355, adopted September 15, 1998, on the contract between the City of Little Rock and Pulaski County, Arkansas for sanitary sewer service in the unincorporated area of the College Station Community. The notice of hearing was published by Little Rock Wastewater Utility. Mayor Dailey declared the public hearing open at 10:40 o'clock P.M. No one was present who wished to speak on the issue. Mayor Dailey declared the public hearing closed and Ordinance No. 17,829 was presented, described as: AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF LITTLE ROCK AND PULASKI COUNTY, ARKANSAS FOR SANITARY SEWER SERVICE IN THE UNINCORPORATED AREA OF THE COLLEGE STATION COMMUNITY; AND DECLARING AN EMERGENCY. 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. (Note: State Representative Wilma Walker thanked the Board for approving the sewer service to College Station, and stated that they will be meeting Little Rock Code requirements) Item 26 on the Agenda was Ordinance No. 17,830 entitled: AN ORDINANCE 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. Ms. Carolyn King asked for more time to rebuild the house at 3408 Katherine owned by her brother, James Wade, Sr. She said her son bought the burned structure from her brother but before he could make repairs he got killed. This has been a difficult time for her; she was off work for three months but is back to work now and just needs more time to have this house rebuilt. City Manager Cy Carney said this is a Category 1 structure, and recommended a sixty (60) day extension. Whereupon, the Board of Directors agreed to grant a sixty (60) day extension for 3408 Katherine Street. The Ordinance was then 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. The Emergency Clause contained in Section 5 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance, together with the Emergency Clause, was declared PASSED. A public hearing had been rescheduled for this time a place by a motion adopted on September 15, 1998, on the petition filed by George Wittenberg III to vacate and close the alley in Block 64, Original City of Little Rock, Arkansas. (Note: The public 9 Minutes October 6, 1998 287 hearing was rescheduled from September 15, 1998, because proof of notification was not filed with City Clerk and Mr. Wittenberg was out of the country.) Notice of the public hearing was published in the Daily Record on September 23, 1998, and September 30, 1998. Mayor Dailey declared the public hearing open at 10:55 o'clock P.M. No one was present who wished to speak on the closure. Director Cazort asked if the City is deeding the right -of -way to Mr. Wittenberg. City Attorney Tom Carpenter explained that the alley is located in the Original City of Little Rock Plan and the City owns the land fee simple absolute title and not merely an easement. The concern is whether the City should be allowed to sell the land instead of just closing the alley, with the property reverting to the adjacent property owners. City Manager Cy Carney said there had been no discussion of a sale price with Mr. Wittenberg, therefore, he recommended the standard closing. Mayor Dailey declared the public hearing closed, and Ordinance No. 17,831 was presented, entitled: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 64, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,832, entitled: AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE OTTER CREEK PLANNING DISTRICT FROM COMMUNITY SHOPPING TO COMMERCIAL; AND FOR OTHER PURPOSES; (LU98 -16 -02 - Northwest corner of I -30 and I -430.) 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,833, described as: AN ORDINANCE REVISING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A REVISED PLANNED COMMERCIAL DISTRICT TITLED CANAL POINT (LOT 12R) REVISED PCD, (Z- 4987 -C), LOCATED AT 2024 CANAL POINTE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. 10 N m Minutes October 6, 1998 Introduced next was Ordinance No. 17,834, with the title being: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED DISTRICT - COMMERCIAL TITLED ELLIS SHORT -FORM PD -C (Z- 6536), LOCATED AT 1918 COMMERCE STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,835, entitled: AN ORDINANCE APPROVING A PLANNED ZONING DEVELOPMENT AND ESTABLISHING A PLANNED OFFICE DISTRICT TITLED NEIGHBORHOOD RESOURCE CENTER SHORT -FORM POD (Z- 6544), LOCATED AT THE SOUTHEAST CORNER OF WEST 12TH AND PINE STREETS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,836, described as: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR A WAIVER OF THE REQUIRED REPLATTING OF LOTS 2 AND 3, WILLOCK'S REPLAT (OF LOTS 4 -9, BLOCK 13, PULASKI HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS) LOCATED AT 819 N. PINE STREET (S- 1213); 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Introduced next was Ordinance No. 17,837, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -6521 - To rezone 9222 Chicot Road from "R -2" Single Family District to "0-1" Quiet Office District.) 11 Minutes October 6, 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 17,838, entitled: AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF COLLECTOR STREET IMPROVEMENTS FOR THE REBSAMEN GOLF COURSE LOCATED NORTH OF REBSAMEN PARK ROAD; 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Ordinance No. 17,839 was then introduced, 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 SUBDIVISION ORDINANCE AND MASTER STREET PLAN SIDEWALK REQUIREMENTS FOR COTTONDALE LANE ADJACENT TO ALLTEL CORPORATION (Z- 6546); -- 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. The next presentation was Ordinance No. 17,840, described as: AN ORDINANCE TO AMEND LITTLE ROCK, ARK. CODE SECTION 17 -43 (REV. 1988) TO CHANGE THE DEFINITION OF "PART -TIME EMPLOYEE" IN PRIVILEGE TAX COMPUTATIONS; 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 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 Adcock, Hinton, Hodges, Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly and Mayor Dailey - total 10; Noes - None; Absent - Director Wilson - total 1. Therefore, the Ordinance was declared PASSED. Item 38 on the Agenda was a proposed Ordinance entitled: "AN ORDINANCE TO AMEND LITTLE ROCK, ARK. REV. CODE SECTION 34- 38(8) (1988) TO REQUIRE THAT TAXICAB OPERATORS, AS A PART OF THEIR FRANCHISE REQUIREMENTS, PROVIDE THE CITY WITH DETAILED INFORMATION ABOUT CLAIMS; AND FOR OTHER PURPOSES." The proposed Ordinance was withdrawn from the Agenda. 12 290 Minutes October 6, 1998 City Manager Cy Carney made his Activity Report which included the U.S. Department of Interior evaluation of Central High School's historic status; the redevelopment strategy of the Mosaic Templars Building which the City now owns; John Barrow community based programs; traffic pattern for the Razorback games at War Memorial Stadium; final copies of the official City of Little Rock Emergency Operations Plan; the juvenile arrest data; and a proposed joint meeting of the City Board and the Little Rock School Board. The Board of Directors generally agreed to change the November 3, 1998 regular Board Meeting to Monday, November 2, 1998, due to the General Election to be held on Tuesday, November 3, 1998. At 11:15 o'clock P.M. the Board of Directors recessed to Executive Session to consider an appointment to the Little Rock Municipal Airport Commission and to the Housing Authority of the City of Little Rock. The Board of Directors reconvened at 11:35 o'clock P.M. with Mayor Dailey presiding and nine Directors present. (Director Wilson was absent.) Resolution No. 10,277 was presented, with the title being: A RESOLUTION APPOINTING DR. CARL JOHNSON TO THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION. Following the reading of the Resolution, there was a motion and second to adopt the Resolution. The Resolution was unanimously adopted. Mayor Dailey announced that no action was taken on the appointment to the Housing Authority. (See Item 21 in the Consent Agenda.) There being no further business to be presented, the Board of Directors recessed at 11:37 o'clock P.M. to reconvene at 4:00 o'clock P.M. on Tuesday, October 13, 1998 to consider the Mosaic Templars Building. ATTEST: (::a u..� �- gaoo-uc-L City Clerk Robbie Hancock 13 APPROVED' ayor Jim Dailey