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HomeMy WebLinkAbout10-19-99Board of Directors Room City Hall — 500 W. Markham Little Rock, Arkansas October 19, 1999 — 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and Adcock — total 10; Absent — None. 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 Lichty, followed by the Pledge of Allegiance. Director Adcock moved that Agenda Items 12, 13, and 14 be deferred as requested by the Downtown Partnership and noted on the Agenda Modifications. The motion was seconded by Director Pugh and unanimously adopted. Therefore, no action was taken on the following: (12) A RESOLUTION IN SUPPORT OF THE PLANS FOR DOWNTOWN LITTLE ROCK. (13) AN ORDINANCE TO AMEND THE LAND USE PLAN (16,222) IN THE DOWNTOWN AND I -30 PLANNING DISTRICTS, ADDING A LAND USE DEFINITION, REPLACING TEXT AND CHANGING THE PLAN MAP; AND FOR OTHER PURPOSES. (14) AN ORDINANCE REPEALING ORDINANCE 12,700, C.L.R. URBAN RENEWAL PROJECT, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, AND RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK. (To rezone downtown Little Rock to "UU" Urban Use and "R -4A" Low Density Residential Districts.) (Z -6730; Z -6731, Z -6732, Z -6733, Z -6734; Z -6735, Z -6736; Z -6737) Director Keck moved to delete Agenda Items 15 and 16 as requested by the City Attorney and noted on the Agenda Mofifications. Director Adcock seconded the motion, which was unanimously adopted. The two Ordinances had been read the first time on October 5, 1999; however, in a memorandum dated October 19, 1999, City Attorney Tom Carpenter requested they be withdrawn and not read the second time. Therefore, no action was taken on the following: (15) AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF MASTER STREET PLAN RIGHT -OF -WAY REQUIREMENTS AND SIDEWALK CONSTRUCTION FOR BROADMOOR SHOPPING CENTER LOCATED AT 2900 UNIVERSITY AVENUE. (Pizza Hut) (16) AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF MASTER STREET PLAN RIGHT -OF -WAY DEDICATION REQUIREMENTS AND STREET WIDENING FOR BROADMOOR SHOPPING CENTER LOCATED AT 2900 UNIVERSITY AVENUE. (Pizza Hut) There was a motion by Director Keck to add to the Agenda Item M -1 listed on the Agenda Modifications. Director Adcock seconded the motion, which was unanimously adopted. Therefore, Item M -1 was added to the Agenda. (See Ordinance No. 18,112 below.) Director Keck moved to reconsider the Ordinance on growth management. The motion was seconded by Director Cazort, and adopted by a roll call vote of 8 ayes and 3 noes (Directors Pugh, Stewart and Kelly). Director Cazort then moved to add the growth management ordinance to the Agenda. The motion was seconded by Director Keck and adopted by a voice vote of 8 ayes and 3 noes (Directors Pugh, Stewart and 551 _,-- 552 Minutes October 19, 1999 Kelly). Therefore, the Ordinance to declare growth management consultant a professional service was added to the Agenda. (See Ordinance No. 18,113 below.) (NOTE: The Ordinance to declare growth management consultant a professional service was consider on October 5, 1999, but failed to receive the required two- thirds vote. See page 6 of Minutes of October S, 1999.) The presentation by the Arkansas School for the Deaf regarding Silent Sunday was deferred until November 2, 1999. Director Hinton moved that Item 11 regarding Stephens Area Neighborhood Action Plan be considered before the Consent Agenda. The motion was seconded by Director Keck and unanimously adopted. (See Resolution No. 10, 662 below.) Mayor Dailey read a proclamation, which proclaimed October 19, 1999 as Alltel Day in the City of Little Rock. Alltel is sponsoring Big Zoo Thursdays at the Little Rock Zoo during the month of October 1999. Alltel representative Lisa Fowler accepted the proclamation. Zoo Director Mike Blakely thanked Alltel for its support. Zoo employees Lisa Bewler and Barbara Brown with Sidney the owl were present to promote "Boo at the Zoo," which will be occurring October 22 through Halloween. Mayor Dailey also read a proclamation declaring October as Arts and Humanities Month in the City of Little Rock. Mr. Scott Carter, Executive Director of the Arts and Humanities Commission, accepted the proclamation. Item 11 on the Agenda was then presented, being Resolution No. 10,662, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS IN SUPPORT OF THE STEPHENS AREA NEIGHBORHOOD ACTION PLAN. Following the reading of the Resolution, Mr. Henry Barton, President of the Capitol Hill Neighborhood Association, made a brief presentation. Director Hinton then moved for adoption of the Resolution. The motion was seconded by Director Adcock, and the Resolution was unanimously adopted. Consideration was then given to the Consent Agenda which consisted of the following: (1) Resolution No. 10,663, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE ATKINS STREET BETWEEN CHENAL PARKWAY AND WEST MARKHAM STREET IN HILLVALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (November 2, 1999.) (2) Resolution No. 10,664, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND CLOSE THE ALLEY IN BLOCK 11 OF WORTHEN & BROWN'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (November 2, 1999.) (3) Resolution No. 10,665, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT WITH HEALTH ADVANTAGE TO PROVIDE HEALTH CARE COVERAGE TO FULL -TIME EMPLOYEES AND CERTAIN RETIREES FOR A TWELVE (12) MONTH PERIOD EFFECTIVE JANUARY 1, 2000. (4) Resolution No. 10,666, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT WITH V.R. SMITH AND SONS TO INCLUDE THE REQUIRED SITE WORK FOR THE LEE SCHOOL NEIGHBORHOD RESOURCE CENTER. Minutes October 19, 1999 (5) Resolution No. 10,667, with the title being: A RESOLTION AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT WITH ENGINEERING MANAGEMENT CORPORATION, INC. FOR ENVIORNMENTAL OVERSIGHT TO COMPLETE DEMOLITION OF THE REMAINING TORNADO DESTROYED RESIDENTIAL STRUCTURES AND THE CITY -OWNED COMMERCIAL BUILDING LOCATED AT 1301 EAST 2ND STREET. (6) Resolution No. 10,668, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PATTON WRECKING COMPANY TO DEMOLISH AND REMOVE THE CITY OWNED TORNADO DESTROYED COMMERCIAL BUILDING AT 1301 -1319 EAST 2ND STREET. (Not to exceed $89,700.) (7) Removed from Consent Agenda and considered separately as requested by Director Pugh. (See Resolution No. 10, 671 below.) (8) Resolution No. 10,669, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF PUBLIC HEARING ON AN ORDINANCE, ADJUSTING RATES FOR WATER PROVIDED BY THE LITTLE ROCK MUNICIPAL WATER WORKS AND FIXING THE EFFECTIVE DATE THEREOF AND DECLARING AN EMERGENCY. (November 2, 1999.) (9) Resolution No. 10,670, with the title being: A RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE DEEDS DEDICATING A PORTION OF FIVE (5) CITY OWNED LOTS TO ARKANSAS STATE HIGHWAY COMMISSION AND TO GRANT TEMPORARY CONSTRUCTION EASEMENTS. (8121, 8717, 9007 AND 9217 Asher Avenue and 5105 Stagecoach Road.) (10) Removed from Consent Agenda and considered separately as requested by Director Adcock. (See proposed Resolution on page 3 regarding sale of lots to Danny Lewis.) Upon a motion and second by Directors Kelly and Hinton, respectively, the Consent Agenda was adopted by unanimous voice vote, except Item 3 — Resolution No. 10,665. Directors Keck, Wyrick, Kumpuris, Kelly and Adcock recused on Resolution No. 10,665 due to a conflict of interest. Introduced next was Item 7, being Resolution No. 10,671 described as: A RESOLUTION AUTHORIZING THE REPROGRAMMING OF $140,000 FROM THE HOUSING PARTNERSHIP/LANDBANK AUTHORITY PROJECT ACCOUNT TO CREATE A NEW PROJECT ACCOUNT, FY 1999 CATEGORY ONE DEMOLITION; AUTHORIZNG THE FINANCE DEPARTMENT TO CREATE THE NEW ACCOUNT AND TRANSFER FUNDS; AND FOR OTHER PURPOSES. Following the reading of the Resolution, Director Pugh asked why the Ish House (1600 Scott Street) isn't on the list of all other tornado damaged houses instead of using this money. Mr. Andre Bernard, Department of Housing and Neighborhood Programs, said the damage sustained by the January 21, 1999 tornado was light. The reason the Ish House is on the current demolition list for Landbank Funds is because of the extensive burn damage and the time frame that it has been damaged. Director Pugh said she had a problem with taking the $140,000 from the Landbank Fund. Director Adcock said the City Manager has assured the Landbank Authority that the money would be replaced next year. City Manager Cy Carney said this is one of the Board's critical needs projects. Director Adcock then moved for the adoption of the Resolution. Director Keck seconded the motion and the Resolution was unanimously adopted. 553 554 Minutes October 19, 1999 The next presentation was Item 10, which had been removed from the Consent Agenda, being a proposed Resolution entitled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DEEDS FOR THE SALE OF CITY -OWNED VACANT LOTS TO DANNY LEWIS. (East 32 ft. of Lot 4, and west 18 ft. of Lot S, Block 18, Garland Addition - located at 161911623 East Capitol Avenue.) Following the reading of the Resolution, Director Adcock said this item was on the Agenda several months ago and is back on the Agenda because it was not completed in a legal way according to our City Attorney. She questioned the sale of this property for $2,000 because it is so close to the proposed Presidential Library. If Mr. Lewis is buying the property to run a sewer line across it, the City can give him an easement for the sewer line. City Manager Cy Carney said this property is not in the 27 acre site or the moratorium area surrounding the Presidential Park property. Mr. Roger Fitzgibbon. attorney for Mr. Danny Lewis, said this property is a weed lot over six blocks away from the moratorium area. He said this is for additional parking and a drive - through for a restaurant. Mr. Lewis has a catering service but hopes to expand it to include a restaurant. After the discussion, Director Kumpuris moved to defer the Resolution for two weeks. The motion was seconded by Director Keck and unanimously adopted. Therefore, the proposed Resolution was deferred until November 2, 1999. Consideration was then given to Item 17 on the Agenda, being 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 MASTER STREET PLAN STREET WIDENING REQUIREMENTS FOR ANTHONY SCHOOL LOCATED AT 7700 OHIO STREET; and the Ordinance was read the first time. The rules were suspended to provide for the second reading of the Ordinance, upon a motion and second by Directors Keck and Adcock, respectively, which was unanimously adopted. Following the second reading of the Ordinance, Director Kelly questioned why staff recommended denial. Public Works Director Chandra Waller explained that the boundary street improvements were a part of the plan for Anthony School, which was unanimously approved by the Planning Commission. Since then, Anthony School has requested the waiver. Staff is recommending denial of the waiver because of the need for stacking space during peak periods of traffic. The rules were suspended to provide for the third reading of the Ordinance, by a vote of 10 ayes and 1 no (Adcock) being ten in number and two - thirds or more of the members of the Board of Directors. Mr. Frank Riggins, Mehlburger Engineers, representing Anthony School, said during a meeting with Public Works officials, an agreement had been reached that if Anthony School signed its portion of Ohio Street and enforced no parking along that portion of Ohio Street, staff would support the request for the waiver. Responding to a question by Director Lichty, Mr. Riggins said that Anthony School did agree to the street improvements at the time the Conditional Use Permit was approved by the Planning Commission. Director Kelly then moved to send the waiver request back to the Planning Commission. The motion was seconded by Director Cazort and adopted by a roll call vote of 6 ayes (Directors Pugh, Cazort, Kumpuris, Kelly, Adcock and Mayor Dailey) and 5 noes (Directors Hinton, Lichty, Keck, Stewart and Wyrick). Whereupon, the waiver request was sent back to the Planning Commission. Item 18 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 MASTER STREET PLAN STREET WIDENING REQUIREMENTS FOR CRACKER BOX LOCATED AT 8822 STAGECOACH ROAD; and the Ordinance was read the first time. Public Works Director Chandra Waller explained that this waiver request is very similar to the preceding one. As a part of the building permit, the applicant was instructed to work with the Arkansas Highway and Transportation Department to incorporate improvements but has not done so. Director Cazort moved to send the waiver request back to the Planning Commission and the motion was seconded by Director Keck. Mr. Jim Hill, a realtor, speaking on behalf of Cracker Box Food Stores, said this was not considered by the Planning Commission. Ms. Russell explained that the land use was discussed by the Planning Commission and at that time there was no mention of the waiver. The waiver request came as a result of the 555 Minutes October 19, 1999 building permit. Those requests come directly to the Board of Directors. The motion to send the waiver request to the Planning Commission for review was adopted by a roll call vote of 10 ayes and 1 no (Director Wyrick). Whereupon, the waiver request was sent to the Planning Commission. A public hearing had been scheduled for this time and place by Resolution No. 10,654, adopted October 5, 1999, on the petition to vacate and close Rivercrest Drive and Candlewood Drive between Candlewood Subdivision Phase II and 1300 feet north of Cantrell Road. Ms. Carolyn Russell filed the petition on behalf of Char -Beck Trust. The notice of hearing was published in the Daily Record on October 10, 1999, and October 19, 1999. Mayor Dailey declared the public hearing open at 7:10 o'clock P.M. Public Works Director Chandra Waller explained that some time ago at the request of the Walton Heights Subdivision, this street was removed from the Master Street Plan after approval of the Planning Commission and the Board of Directors. The street closure did not go before the Planning Commission due to the previous approval to remove the street from the Master Street Plan. Mr. Jim Lawson, Director of Planning and Development, explained this property has been looked at for a number of different developments. This applicant wants to put in a private drive to have five acre tracts. These five acre tracts do not fall under subdivision control. Mr. Robert Holloway, construction engineer for the project, said he had met with the attorney for Mr. Joe Whisenhunt (owner of property to the south of the street closure) and advised him of the proposed plans. He had also met with the Walton Heights Association. In order to avoid creating a problem for Mr. Whisenhunt, the street closure will stop ten feet north of his property line. Mr. Joe Whisenhunt, Jr. said his concern was the overall development of the property to the north, having to do with the improvements on that road or any road that would go in there because of the steep slope. Depending on how the property is ultimately developed, it could be detrimental to his property downstream if retainage of water is not met. Mr. Holloway said he had agreed to work with Walton Heights /Candlewood Neighborhood Association to build a turn- around at the current terminus of Rivercrest Drive. Mr. Doug Robertson, attorney for Joe Whisenhunt, said he had no objection to the abandonment, but does ask that it be abandoned all the way to Highway 10. He was concerned about the idea that this development would not be on the city sewer system. Mr. Holloway said the development would be on the Little Rock sewer system and the water system. Mr. Robertson said Mr. Whisenhunt did not receive notice of the public hearing. Mr. Herb Rule, attorney for Char -Beck Trust, said notice was sent by certified mail but the return receipt had not been received. Mr. Rob Zetterlund, 14115 Rivercrest Drive, spoke in support of the street closure. Mayor Dailey closed the public hearing at 7:30 o'clock P.M. and Ordinance No. 18,108 was presented, with the title being: AN ORDINANCE VACATING A PORTION OF RIVERCREST DRIVE / CANDLEWOOD DRIVE IN CANDLEWOOD SUBDIVISION OF THE CITY OF LITLE ROCK, ARKANSAS; (Between Candlewood Subdivision Phase II and 1300 ft. north of Cantrell 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 eleven 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock, and Mayor Dailey — total 11; Noes — None; Absent — None. Whereupon, the Ordinance was declared PASSED. (NOTE: Director Adcock requested that the petition for the abandonment of the remainder of Candlewood Drive all the way to Highway 10 bypass the Planning Commission and come straight to the Board of Directors, as requested by Attorney Doug Robertson.) At 7:35 o'clock P.M. Mayor Dailey declared a ten minute recess. The Board of Directors reconvened at 7:55 o'clock with Mayor Dailey presiding and all Directors present. Consideration was then given to Item 20 on the Agenda, being a proposed Ordinance 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. (Chenal Valley/Wildwood Annexation — 1222 acres, more or less, located west and north of the Gordon and Denny Road Intersection.) There was a lengthy discussion from 7:55 o'clock P.M. to 10:15 o'clock P.M. regarding the proposed annexation. Mr. Jim Lawson, Director of Planning and Development, made 556 Minutes October 19, 1999 a slide presentation, noting that the Little Rock Planning Commission had turned down the annexation (3 ayes, 7 noes and 1 absent). Then the Planning Commission adopted a Resolution asking the Board of Directors to do another study before consideration of this annexation. Five issues were to be considered: fiscal and social impact, transportation, land use, park sites, and school sites. This is the last phase of a plan that was approved in 1987. This is not a new issue. The Chenal Zoning Plan was approved March 17, 1987 by Ordinance No. 15,259, which zoned the entire area of approximately 3,000 acres. In 1986 the Board was thrilled to annex this property because they (Deltic Timber) had the financial means to create their own city. Mayor Dailey then allowed twenty minutes each side for support and opposition to be presented. Those speaking in support of the annexation were Jack McCray (Deltic Timber, the developer), Ken Gill (President of Little Rock Realtors Association), Jesse Mason, and Fred Stancil (President of Greater Little Rock Home Builders Association). Those speaking in opposition to the annexation were Hyatt Lee, Mabelene W. Hill, Jim Lynch, Ralph Desmarais, Nell O'Neal, Ruth Bell, Janna Ferraro, and Susan Sims. Mr. McCray said that Deltic Timber Corporation, working with the City Board, Planning Commission and the Planning and Public Works staff more than a decade ago, developed a detailed land use plan for the Chenal Valley area of Pulaski County. Deltic undertook a 25 year plan to develop approximately 4700 acres of residential and commercial property contiguous to the City's western edge. This annexation represents the final step in Chenal's master plan. He concluded by encouraging the Board to approve the annexation. Mr. Lee asked that serious consideration be given to requiring all undeveloped land annexed by the City to include at least 20% dedication of open green space deeded to the City. Mrs. Hill said that affordable housing is the key component that must be looked at in evaluating real costs and benefits in major developments and urged the Board to vote against the annexation. Mr. Lynch said the analysis given still falls short of the mark. We have no ability at the present time to somehow balance who pays what as we bring areas into the City. It is premature for this city to continue to annex large tracts of undeveloped land without that issue being solved. He concluded by urging the rejection of this annexation. Mr. Desmarais said if you look at this in sociological terms, there is no doubt that this annexation is a disaster. This is a playground for the rich. The environmental issues have not been addressed. We have a sick city. Mr. Gill said this is a wonderful plan that has been well thought out and urged the Board to vote for it. Former City Director Jesse Mason said the first movement from central Little Rock was to Pulaski Heights in the early 1900's and this established the westward trend that we are still seeing and will continue to see. He urged the Board to support the final phase of a plan that was approved by the Board of Directors. Mrs. Bell said the League of Women Voters would like to see a specific plan from Deltic to meet its commitment of some years ago to provide affordable housing in Chenal and would certainly like to have a designated public park in the proposed area. Mr. Stancil said this annexation will mean jobs and revenue for the City. Mr. McCray responded to questions from Board Members regarding the public park and trail system, improvements to Denny Road, marginal costs versus average costs, etc. Director Kelly said we have not adequately measured the impact of this annexation, and for forty minutes he discussed his concerns about the report. He went through the lengthy report page by page and asked a number of questions. Mr. Lawson, Mr. McCray, and Mr. Tim Daters of White - Daters Engineers responded to Director Kelly's questions. Director Kelly said he still had a lot of questions about the cost revenue summary but due to the late hour would hold them for the next meeting. Director Stewart then moved to hold the Ordinance on first reading until the next meeting. The motion was seconded by Director Pugh, and adopted by a voice vote of 8 ayes and 3 noes (Keck, Adcock, and Dailey). The Ordinance was then read the first time and left on the calendar for second reading on November 2, 1999. Item 21 on the Agenda was a proposed Resolution described as: A RESOLUTION TO AMEND LITTLE ROCK, ARK. RESOLUTION NO. 10,054 (AUGUST 19, 1997) TO RESTORE IN THE BOARD OF DIRECTORS ALL AUTHORITY OVER ISSUES OF ANNEXATION; AND FOR OTHER PURPOSES. Following the reading of the Resolution, which had been deferred from October 5, 1999, Director Lichty (a former member of the Planning Commission) read a prepared statement and asked the Board to support the Resolution, saying he felt restoring annexation questions directly to the Board of Directors was the correct thing to do. (Note: Resolution 10,054, Section 1: ".....assure that initial review of any annexation request will be conducted by the Little Rock Planning Commission.') Mrs. Ethel Ambrose, speaking on behalf of the Coalition of Little Rock Neighborhoods, spoke in opposition to the proposed Resolution, and urged the Board not to withdraw the charge it gave to the Planning Commission regarding annexation. Mrs. Ruth Bell, League of Women Voters of Pulaski County, said the Board made a wise decision when it gave the Planning Commission the responsibility to hear annexation requests and make 557 Minutes October 19, 1999 recommendations to the Board of Directors. Mr. Jim Lynch urged the Board to reject the Resolution and to rely on the Planning Commission, stating accountability is what you are about. Assigning the Planning Commission a role in helping you ascertain the ups and downs, balance sheet, growth issues, etc. of annexation is absolutely the right thing to do. Mrs. Janet Berry, representing the Ligon Hut and West Baseline Neighborhood Association, also asked the Board to defeat the Resolution, stating the Planning Commission is a working democracy in action. Ms. Judith Faust, a member of the Planning Commission, said the Planning Commission understands that its role is advisory and that it does not make policy. Director Kelly reminded the Board that it was a unanimous decision to place this task on the Planning Commission. Following comments by the Board Members, Director Lichty moved for adoption of the Resolution and the motion was seconded by Director Keck. The Resolution FAILED by the following roll call vote: Ayes — Directors Lichty, Cazort, Keck and Mayor Dailey — total 4; Noes — Directors Pugh, Hinton, Stewart, Wyrick, Kumpuris, Kelly, Adcock — total 7; Absent — None. Director Cazort then asked at what point we are going to create a set of instructions we want the Planning Commission to follow in evaluating annexations. Mayor Dailey asked City Manager Cy Carney to provide Planning Commission members with any policies that give direction to the Planning Commission. At 10:55 o'clock P.M. Director Lichty moved to waive the rules and extend the meeting past 11:00 o'clock P.M. The motion was seconded by Director Cazort and unanimously adopted. Item 22 on the Agenda was a proposed Resolution entitled: A RESOLUTION APPROVING THE PURCHASE OF A BILLBOARD LOCATED ON THE RILEY PROPERTY AT 1000 EAST MARKHAM STREET WHICH WAS ACQUIRED FOR THE PRESIDENTIAL LIBRARY PARK. Following the reading of the Resolution, Director Keck moved for its adoption and the motion was seconded by Director Adcock. Responding to a question by Director Cazort, City Attorney Tom Carpenter stated the City did an appraisal on this property when it was decided it would be a part of the Presidential Park. We reached an appraisal amount of $1.5 million. That amount did not include evaluation methodology for the billboard on the property. Our negotiators at various times met with Mr. Riley. Mr. Riley countered that he thought the appraised value was $2.3 million. There was some concern by Mr. Riley that the value of the billboard was some $55,000. Eventually the City agreed to pay an amount that was 23% above the assessed value of the property in order to avoid litigation. Mr. Riley sent a letter on September 24, 1999, saying this does not include the billboard. That letter was never acknowledged by the City. In November 1999 Mr. Riley sent a letter for the sale of the property that listed four conditions including things like who was responsible for any environmental damages, the closing date, an ability to collect rents from the property until March 31, 1999. These were the only four exceptions and the City got a warranty deed for the property. Mr. Riley contends that the billboard was always to be done separately. There are conflicting stories as to whether the billboard was to be done separately. Mrs. Riley contends that it was to be done separately. Appraiser Sara Stephens contends that this was all a part of the negotiations. City Manager Cy Carney said there is a dispute as to whether the billboard was a separate issue. His thought was that the billboard was a separate issue. Mr. Carpenter asked the Board to defer this issue for two weeks so he could provide documents to the Board. Mr. Pat Riley said that in a meeting with City Attorney Stephen Giles, the City's appraiser Betty Riley, Mrs. Sara Stephens, and Jimmy Moses, it was proposed to him that if he would accept their figure for the land, they would agree to pay $56,467 for the billboard. Director Hinton moved to delay the vote on the Resolution for two weeks. The motion was seconded by Director Adcock and unanimously adopted. Therefore, the Resolution was deferred to November 2, 1999. The next presentation was Resolution No. 10,672, described as: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND DILLARD STORE SERVICES, INC., PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS; AND PRESCRIBING OTHER MATTERS RELATING THERETO. 7 558 Minutes October 19, 1999 Mr. Paul Benham, an attorney with the Friday Law Firm, speaking on behalf of Dillard's, briefly explained the project as being a new design, production, and technology center to be constructed at Dillard's current location on Cantrell Road which will bring approximately 600 new jobs to the City of Little Rock. The projected completion is April 2001. The Resolution was then read. Responding to a question by Mr. Don Darnell, Mayor Dailey said there is no liability to the City in the issuance of Industrial Development Revenue Bonds. The City is simply a conduit. Director Kumpuris moved for the adoption of the Resolution. Director Keck seconded the motion and the Resolution was unanimously adopted. Introduced next was Ordinance No. 18,109, described as: AN ORDINANCE WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A GOLF COURSE CONSTRUCTION CONTRACT WITH LANDSCAPES UNLIMITED IN THE AMOUNT OF $646,800 FOR THE DEVELOPMENT OF PHASE I IMPROVEMENTS AT FIRST TEE; (Located at the old Rock Creek golf course behind Asher and University.) 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 eleven 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. Item 25 on the Agenda was a proposed Resolution titled: "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRST TEE FOR A FACILITIES AGREEMENT AND A LICENSING AGREEMENT." City Attorney Tom Carpenter stated the contract was not ready, and asked that the Resolution be deferred until the reconvened meeting on Tuesday. Whereupon, the Resolution was deferred until the reconvened meeting on October 26, 1999. The next presentation was Resolution No. 10,673, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH RONALD SURRATT CONTRACTING, INC., TO DEMOLISH AND REMOVE ELEVEN (11) TORNADO DESTROYED RESIDENTIAL STRUCTURES. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Kelly, and the Resolution was unanimously adopted. Consideration was then given to Ordinance No. 18,110, entitled: AN ORDINANCE DISPENSING WITH COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A SOLE SOURCE CONTRACT FOR A 30 -DAY PERIOD WITH FAMILY SERVICE AGENCY, INC. IN THE TOTAL AMOUNT OF $636.65; (To provide crisis intervention and outreach services.) 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 eleven 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. The next presentation was Resolution No. 10,674, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT NEGOTIATIONS WITH THE FAMILY SERVICE AGENCY TO PROVIDE DOMESTIC VIOLENCE VICTIM OUTREACH SERVICES TO LITTLE ROCK RESIDENTS. (Not to exceed $43,194.71.) Following the reading of the Resolution, Director Adcock expressed concern that there was only one applicant for the contract. Ms. Barbara Osborne, Community Programs Department, said over 400 notices were sent out, but only one bid was received. One of Minutes October 19, 1999 559 the provisions of the RFP is that the applicant have five years experience in providing services to domestic violence victims. Director Adcock wanted to know why there is a requirement of five years experience. Director Kelly then moved for adoption of the Resolution. Director Keck seconded the motion and the Resolution was adopted by a voice vote of 10 ayes and 1 no (Director Adcock). Introduced next was Ordinance No. 18,111, entitled: AN ORDINANCE TO AMEND LITTLE ROCK, CODE SECTION 2 -243 (1988) TO DECLARE ENTERTAINMENT PROMOTION A PROFESSIONAL SERVICE; AND FOR OTHER PURPOSES; — and the Ordinance was read the second time, having been read the first time on October 5, 1999. The rules were suspended to provide for the third and final reading of the Ordinance by unanimous vote of the Board Members present, being eleven 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 Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 10; Noes — Director Pugh — total 1; Absent — None. Therefore, the Ordinance was declared PASSED. Item 30 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 MODIFICATIONS OF ALLOWABLE USAGE OF ALLEY AND LOADING ZONES, AND FOR OTHER PURPOSES. The Ordinance was read the first time and left on the calendar for second reading on November 2, 1999. Item 31 on the Agenda was a proposed Ordinance entitled: AN ORDIN CE TO MAKE IT ILLEGAL TO SLAUGHTER ANIMALS WITHIN TY OUTSIDE OF A PROPERLY ZONED SLAUGHTE OIUSE TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. The Ordinance was read the first time and left on the calendar for second reading on November 2, 1999. Item 32 on the Agenda was a proposed Ordinance described as: AN ORDINANCE TO PERMIT HORSE DRAWN CARRIAGES WITHIN THE CITY; TO AMEND THE TRANSPORTATION CODE ACCORDINGLY; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. The Ordinance was read the first time and left on the calendar for second reading on November 2, 1999. Consideration was then given to Resolution No. 10,675, described as: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENTS FOR THE LAND EXCHANGE ADJACENT TO FIRST TEE PROPERTY ALONG UNIVERSITY AVENUE. (Deed to Boyd G. Montgomery Trust.) Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Keck, and the Resolution was unanimously adopted. Introduced next was Resolution No. 10,676, with the title being: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENTS FOR THE LAND EXCHANGE ADJACENT TO SOUTHWEST COMMUNITY CENTER. Following the reading of the Resolution, Director Adcock moved for its adoption. The motion was seconded by Director Keck, and the Resolution was unanimously adopted. 9 560 Minutes October 19, 1999 The next presentation was Item M -1 on the Agenda Modifications, being Ordinance No. 18,112, described as: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 2000 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; 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 eleven 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 Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey — total 11; Noes — None; Absent — None. Therefore, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 18,113, with the title being: AN ORDINANCE TO AMEND LITTLE ROCK CODE SECTION 2 -243 (1988) TO DECLARE GROWTH MANAGEMENT CONSULTANT A PROFESSIONAL SERVICE; AND FOR OTHER PURPOSES. At the request of Director Keck, this Ordinance was placed on the Agenda for reconsideration, after having failed on October 5, 1999. (See motion before Consent Agenda. Also see Minutes of October S, 1999.) The Ordinance was again read the third time. Director Kumpuris said he found it a little frustrating that an idea he put forward to try to resolve some of the frustrations that Director Kelly spoke of regarding annexation has become such an issue. He said that since FUTURE -Little Rock he had watched this issue cloud and divide this city every time it comes up. After some comments regarding Paul Tischler's report related to FUTURE- Little Rock, Director Kumpuris asked that the Board not vote on the Ordinance at this meeting; but wait two weeks. He asked that during that time Director Kelly examine this issue and give the Board some indication, if this Ordinance passes, whether he would be willing to work with that and move ahead on the issue. Director Kelly then said if this passes he would be willing to work on it because he was committed to trying to resolve it. Director Kumpuris said some felt that if Paul Tischler were to review the growth issues today, his report might be different. He also said that from the very start he had made it plain that he wanted to get Mr. Tischler back because it would save some time and wouldn't cost a lot. After additional comments by Directors Kumpuris, Kelly, Cazort, and Hinton, a roll call vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as follows: Ayes — Directors Hinton, Lichty, cazort, Keck, Stewart, Wyrick, Kumpuris, Adcock, and Mayor Dailey — total 9; Noes — Directors Pugh and Kelly — total 2; Absent — None. Whereupon, the Ordinance was declared PASSED. City Manager Cy Carney gave his Activity and Project Report, which consisted of the announcement of the eight candidates for Police Chief; an update on the Public Works Director selection process; and the resignation of Finance Director Harold Boldt effective January 10, 2000. Mayor Dailey assured the Board that he had been staying in very close communication with North Little Rock Mayor Pat Hayes, Pulaski County Judge Buddy Villines, and Bob Russell and others regarding the problems with the Alltel Arena which is being constructed in North Little Rock. No one had registered to speak at the time allotted for Citizen Communications. There being no further business to be considered, the Board of Directors recessed at 12:03 o'clock A.M. to reconvene on Tuesday, October 26, 1999, at 4:00 o'clock P.M. to consider a Resolution authorizing The First Tee Agreement. ATTEST: City Clerk Robbie Hancock 10 PROVED: yor Jim Dailey