Loading...
HomeMy WebLinkAboutCity of Little RockBoard of Directors Chamber I I Little Rock, Arkansas November 5, 1974 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Walters presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Baldwin, Wimberly, Hollingsworth and Young - total 5; Absent - Director Bussey - total 1. With there being a quorum present, it was duly announced, and the meeting proceeded as described herein: The Invocation was given by Director Wimberly. The reading of the minutes of the previous meeting held on October 15, 1974 was dispensed with, and said minutes were approved as written and summarized to the Board of Directors, upon motion of Director Wimberly, seconded by Director Hollingsworth, and by unanimous vote of the members of the Board of Directors present. The first item scheduled for presentation on the Official Agenda was an appeal of the Planning Commission's denial of Zoning Petition No. Z -2871, submitted by the Smiley Corporation, to rezone the vacant lot at 701 Dennison Street, described as Lot 1, Block 18, Capitol Hill Addition to the City of Little Rock, Arkansas, from "C" Two - family District to "E -1" Quiet Business District. However, the notices of the Public Hearing, which was scheduled for this time and place, contained an error in the time of the hearing; therefore, a motion was made by Director Hollingsworth, seconded by Director Keith, to reschedule this hearing and to direct the Petitioner to renotify the surrounding property owners. The motion was unanimously adopted by members of the Board of Directors present and, accordingly, the Public Hearing was rescheduled for November 19, 1974, at 7:30 o'clock P. M. The next presentation was a- request by Mr. A. B. Speights for Fausett and Company, Realtors, for reconsideration of Zoning Petition No. Z -2852 to rezone property located at 700 Shackleford Road, otherwise described in lengthy legal terms as shown on the Petition, from "A" One - family District to "F" Commercial District and "MF -24" Multi - family District. The rezoning of this property was approved by the Planning Commission as follows: "Lots 17, 18, 19, 20, 29, 30, 31 and 32, West Highland Sub- ' division, Little Rock, Arkansas, from "A" One- family District to "F" Commercial District; and all of Lot 14, except the north 50 feet thereof, West Highland Subdivision, Little Rock, Arkansas, from "A" One- family District to "E -1 -A" Nursing Home, Lodging and Undertaking District." This matter had been previously considered by the Board of Directors on August 6, 1974 (See Page 606 of Minute' „Record_No:,,A -,4, at which time a related Ordinance was presented and failed to pass by a roll call vote of 2 Ayes, 2 Noes! 2 Abstaining and 1 Absent. Director Young voiced his objection to this matter being brought before the Board again, stating that such a procedure could establish a precedent whereby certain items could be returned on numerous occasions for reconsideration by the Board of Directors. Director Young added <i that there was no body of rules to follow as far as parliamentary order was concerned and suggested that Roberts Rules of Order should be applied in instances such as this. City Attorney Joseph C. Kemp then ruled that a Board member could bring up a zoning matter, or any matter, whenever he wished and stated "there are no rules.” It was explained by Director Baldwin, who sponsored the reconsideration of this item, that the precedent had been established recently by the resubmission of an item which had been considered at a recent prior meeting. Director Wimberly concurred in the view expressed by Director Young that such procedure could result in problems in the future, and contended that some guidelines should be established regarding parliamentary procedure. At this point, however, a proposed Ordinance was presented which provided for rezoning the subject property as outlined by the Planning Commission. (See Ordinance No. 12,974, as follows) 2 NOVEMBER 5, 1974, Cont'd. Ordinance No. 12,974 was presented, and entitled: AN ORDINANCE RECLASSIFYING 700 BLOCK SHACKLEFORD ROAD (WEST SIDE) IN- THE:CITY OF LITTLE ROCK, I ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,.ARKANSAS; AND FOR OTHER PURPOSES; �. and said Ordinance was read the first time.. In the ensuing discussion the Petitioner, Mr. A. B. Speights called attention to the.fact that the circumstances had changed since the Petition was first.presented, at which time a portion of this property was situated within an area newly annexed to the-City. Since that time, the annexation was declared invalid by a ruling of the Arkansas State Supreme Court, and Mr. Speights advised that presently only six pieces of residential property lie within 200 feet of that portion of the subject - property which is included within the current corporate limits of the City. It I was further contended by Mr. Speights that only Lot 14 of this property touches the Birchwood Subdivision the focal point of opposition; that because of the adjacent "cloverlead" traffic interchange, this property is unsuitable for residential use; 'and if the zoning request is approved, a 50 -foot set -back would be acceptable in lieu of the 25 -foot set -back specified by the Planning Commission. Mr. William H. Craig, the Attorney for the Birchwood residents who strongly oppose rezoning of this property, prefaced his arguments by expressing his objection to the reconsideration of this matter. He spoke with apprehension concerning Mr. Speights claim that there would be no resulting drainage or sewer problems ' from this project, stating that as no environmental impact studies had been made, it would be impossible to guarantee at this point that such problems would not arise. He further contended that although there are only six residences adjacent to the subject property, this development nevertheless would affect the entire Birchwood residential community. Responding to a question by Mayor Walters, Community Development Director Don R. Venhaus advised that it was his opinion the property in question drains toward a lake at the corner of Seventh Street and Shackleford Road. There was a motion at this.time by Director Baldwin, seconded by Director Wimberly, to suspend the rules and place the Ordinance on second reading; which motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the I Ordinance, followed by a motion again.made and seconded by Directors Baldwin and Wimberly, respectively, that there be a further suspension of the rules to provide for the third and final reading of the Ordi- nance at this time. The motion was adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time and submitted to an Aye and No roll call vote on the ' question, Shall.the Ordinance Pass, which resulted as herein recorded:. Ayes - Directors Keith, Baldwin, Mayor Walters - total 3; Noes - None; Abstaining - Directors Wimberly, Hollingsworth.and Young - total 3; Absent - Director Bussey - total 1. At this point, Director Wimberly requested that his Abstention be withdrawn, and that his vote on this Ordinance be cast and recorded as an Aye vote. The Aye Vote on this Ordinance is herein amended and recorded as follows: Directors Keith, Baldwin; Wimberly and Mayor I Walters - total 4. It was then announced by Mayor Walters that the Ordinance had been passed. Presented at this time was Zoning Petition No. Z -2878 from Mr. and Mrs. James H. Wade to rezone 826 Beechwood, which property contains a lengthy legal description as shown on the Petition, from "A" One - family District to "C" Two - family District, as approved by the Planning Commission. As there was I no one present to contest the rezoning of this property, a proposed Ordinance was placed on first reading (See Ordinance No. 12,975, as follows) - Presentation was made of Ordinance No. 12,975, entitled: AN ORDINANCE RECLASSIFYING 826 BEECHWOOD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. The rules were then suspended and the Ordinance was placed on second reading by motion of Director Baldwin, seconded by Director Wimberly, which was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the I I NOVEMBER 5, 1974, Cont'd. members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion-by Director Baldwin that the rules again be 'suspended 'and the Ordinance.be placed on third and F final reading. - Director Wimberly seconded the motion; which was adopted by.unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of -the Board of Directors - elect. A third- and'last reading of.the Ordinance.ensued; after which there was an Aye and No Vote taken on the passage of the Ordinance, which resulted as.follows: Ayes - Directors Keith,- Baldwin, Wimberly, Mayor Walters and Director Young —total-5;' Noes - None; Abstaining - Director Hollingsworth - total 1; "Absent - Director Bussey - total-l.. An announcement.was-then made. that the Ordinance had passed. - Zoning Petition No. Z -2861 was introduced at this time for the purpose of considering,a request by Richard Mays to rezone property at' 215 West 23rd Street, described as Block 21,' Fulton! s Addition to the City of- Little Rock; 'Arkansas, from "C" Two- family.District to "D" Apartment District._ As there was no one present who wished,to address to the.issue; a proposed Ordinance to reclassify.this" "property was placed.on first reading.- (See Ordinance No. 12;976, below) There was presented an Ordinance; No-..,.12,976; which.is described as follows: AN•ORDINANCE RECLASSIFYING 215 WEST 23RD STREET IN THE CITY OF,LITTLE.:ROCK, ARKANSAS; AMENDING, SECTION 43-2 'OF THE CODE - OF'ORDINANCES *OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read,;the first time; after which there was a motion by Director Wimberly for a suspension of the -rules and the placing of the Ordinance"on- second'reading.. The motion was seconded by Director Keith, and unanimously adopted by members of the Board of- Directors present,.being six in number and two - thirds or more of the !members of the Board of Directors- elect. -A second reading of the Ordinance followed, with a motion thereafter being -made by Director Keith,- seconded by Director. Wimberly, to-again suspend the rules and place the Ordinance on third and final reading. The motion having been unanimously adopted by members of the Board of Directors present, being -six in number and two - thirds or more"of.the members -of the Board of Directors - elect, "the Ordinance was.read'the third'and.last:time. . The resulting Aye and No Vote taken on the passage'-of the Ordinance- is:herein recorded as follows:- Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, and Director Young - total-5; Noes - None; -Abstain- ing - Director Hollingsworth " - total 1;. Absent - Director Bussey - .total -1: The Ordinance was declared passed.. . The•next presentation was - Zoning Petition No. -Z -2874 from Velva °Walthall requesting the reclassificat on ' of property situated at 4424 West Markham Street, otherwise known_as..Lots "7 and 8 „Thalheimer.'s Sub- division of Block 7, Glendale Addition to the -City of Little Rock, Arkansas; from "D" Apartment District to "F" Commercial District as approved by the Planning Commission. The discussion which ensued centered upon the non - conforming usage of the subject property by "Peck's Drive -In Restaurant ",:which is.owned by the Petitioner, Mrs. -Velva Walthall, who requested this rezoning in order -that the.existing structure.. might be-torn down and a- larger new structure erected for the same usage: Director Keith.made the . suggestion that "we grant them a.building permit, so we can keep some control,over this.matter." .. Opposition to the Petition was expressed by Mr. Henry Bates of 7405 Apache Road, who owns property across the street from the subject property on Ash Street, and who, stated that he had a petition containing signatures of 79 people.who objected to.the proposed rezoning.- He_stated,that.many of the residents of this area are elderly, that it would be unwise for them.to.move at this point in their lives, and contend- ed that the end result of rezoning this property would be to "make a better beer joint." He pointed out the heavy flow of traffic attracted by this establishment, and predicted"that the parking,space.would be inadequate to accomodate the increased business anticipated by.the proposed expansion. The attorney for the Petitioner, Mr. Beresford L. Church, Jr., commented "this is arbeer joint, and -it has been a beer - joint for 40 years ", and added -that all his client wants is to -tear down the old building, and erect a slightly larger, more attractive building at the rear.of the lot. .Director - Wimberly. warned that to rezonl am: NOVEMBER 5, 1974, Cont'd. this tract would be incompatible with the zoning plan recently established for a strip along Markham Street, of which this tract is a part. Community Development Director Don R. Venhaus contended at this point that Peck's Drive -In could be an on -going business at it's present location, and the public could be better served if permission could be granted whereby the present structure could be torn down and replaced by a better structure. A proposed Ordinance'providing for the reclassification of the above described property was then placed on first reading. (See proposed Ordinance, as follows) Introduced at this time was a "prop'osed trdinance, containing the following title: AN ORDINANCE RECLASSIFYING 4424 WEST MARKHAM IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Peck's Drive -In Restaurant)' and said Ordinance was read the first time, followed by a motion whereby the rules were suspended to allow for the second reading of the Ordinance. The motion was made by Director Hollingsworth, seconded by Director Young, and submitted to the following roll call vote: Ayes - Directors Keith, Baldwin, Mayor Walters, Directors Hollingsworth and Young - total 5; Noes - Director Wimberly - total 1; 'Absent Director Bussey - total 1. There was a second reading of'tlie Ordinance; after which a subsequent motion to suspend the rules and place the Ordinance on third and final reading was made by Director Young, seconded by Director Hollingsworth, and adopted by the following roll call vote: Ayes - Directors Keith, Baldwin, Mayor Walters, Directors Hollingsworth and Young = total ,5; Noes - Director Wimberly = total 1; Absent - Director Bussey - total 1. The third -and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance, and the vote is herein recorded as follows: Ayes - None; Noes - Directors Keith, Wimberly, Mayor Walters, Directors Hollingsworth and Young-- total 5; Abstaining - Director Baldwin - total 1; Absent - Director Bussey - total 1. The Ordinance, therefore, was-declared NOT PASSED. A Public Hearing ha(r been designated for this time and place by Resolution No. 5,267 for the purpose of hearing arguments on a Petition submitted by Pleasant Valley, Inc. requesting the vacating and closing of "a- portion of E1 Dorado Street, also known as Hammerhead Street, which is located in the Pleasant - Valley Addition to the City of Little Rock, Arkansas. This Petition'had been approved by the Planning Commission and in accordance with City Ordinance, notice of hearing had been duly published on October 11, "1974 and October 18, 1974. At this time, the Public Hearing was declared to be open; however, there was no one in attendance who wished to-address to the issue, so the Public Hearing was " declared closed and a related Ordinance was placed on first reading. (See Ordinance No. 12,977, as follows) There was presented at this time'Ordinance No. 12;977; entitled: AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING, ABANDONING AND CLOSING A PORTION OF A CERTAIN STREET IN PLEASANT VALLEY ADDITION TO THE CITY OF LITTLE ROCK, COUNTY, ARKANSAS; (Closing'portion of E1 Dorado Drive, sometimes known as Hammerhead'Btreet) and upon first reading of the Ordinance; there' was a motion by Director Hollingsworth, seconded by Director Young, to suspend the rueles and place the Ordinance on second reading. The motion having been unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect, "the Ordinance was then read the second time. There was an ensuing motion by Director Wimberly; seconded by Director - Hollingsworth, that the rules be further suspended to provide for the third and final reading of the Ordinance. The-motion was adopted by unanimous vote-of the members of the Board of Directors present, being six in number and two = thirds or more of the members of the board of Directors- elect; whereupon, there was a third and last reading of the Ordinance. The passage of the Ordinance was then submitted to an Aye'and No Vote, which resulted as follows: Ayes " - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Hollingsworth and r J 1 NOVEMBER 5, 1974, Cont'd. Young - total 6; Noes - None; Absent - None. The Emergency clause contained in Section.3 of the Ordinance was then read,and adopted by the following roll call vote: Ayes.- Directors Keith, Baldwin; Wimberly,,Mayor Walters, Directors Hollings- worth and Young - total 6; Noes - None; Absent - Director Bussey -- total-1. It was announced that the Ordinance, together with the Emergency Section, had.been- passed. The next item presented from the Official Agenda was the Petition of Attorney Bruce Cross, on behalf of Clark P. Manney and Bonnie P. Manney, to vacate and close a portion of an alley in Block 22 of the Jones and Worthen Addition to the City of Little Rock, Arkansas. The Public Hearing scheduled for this time and place by Resolution No. 5,277 of which notice had been duly published on October 18, 1974 and October 25, 1974, was declared by Mayor Walters to be open. The ensuing discussion centered upon the Planning Commission's approval of this Petition, with the recommendation that the remaining portion of this, alley also be closed. Although the consent of the.abutting - property owners of the remaining portion had.not been obtained, Community Development Director Don R. Venhaus expressed the-, opinion that it was within the jurisdiction of this Board to, by its.own initiative, close any alley or street within the City, either with or without the consent-of the property,-owners. A request was made at this time,by Mr. Cross, the Petitioner .'a attorney, that the alley be closed without delay in order.-to alleviate the financial distress currently suffered by the Petitioner. Mr. Cross stated that a tentativ sale -of the subject property, which is currently pending,.is contingent upon the immediate closing of this portion of the alley;,and this sale is urgently needed due to Mr. Manney's inability to work since May, 1974 because of health reasons. He added that at present Mr. and.Mrs. Manney have no income of any kind. Regarding the.remaining portion of the alley,.Mr. Cross stated that some of the owners reside outside of the State of Arkansas, and he has been unsuccessful in trying to locate some of them to sign a Petition for closure of the alley adjacent to their property.._ A proposed Ordinance providing for the closing of a portion of_this alley was then placed on first reading. (See Ordinance No. 12,978, below) Ordinance No. 12,978 was presented, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING A 5 PORTION OF THE ALLEY IN BLOCK 22, JONES AND WORTHEN ADDITION_TO THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time. A motion was made by Director Wimberly that this portion 'f the alley be closed at this time, and that the City notify the owners of the property abutting the remaining portion of the alley of itssfntention to close this,portion also. The motion was seconded, by Director Hollingsworth, and unanimously adopted by members of the Board of Directors present. A sub- sequent motion was then made by Director Hollingsworth, seconded by Director Keith, that the rules be suspended and the Ordinance be placed on second reading; which motion was adopted by unanimous vote of the members of the Board of Directors present, being six in number and two = thirds or more.of the members of the,Board of Directors - elect. There was•a second reading of the Ordinance and a..further suspension o: the rules to allow for the third and final'reading of the Ordinance, by motion of Director Wimberly,. seconded by Director Hollingsworth; with the motion being unanimously adopted.by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. After third and last.reading of the Ordinance., there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, and resulting as herein recorded: Ayes - _Directors Keith, Baldwin, Wimberly, Mayor:Walters,_Directors Hollingsworth and Young_- total 6; Noes - None; Absent - Director Bussey - total 1. It was then announced that the Ordinance had.been passed. A Public Hearing had been designated . for this time and place by Resolution No. 5,266, in compliance with a.Petition submitted by,Attorney Kay L.-Matthews for Herman D. Voss to vacate and close the North 146.,1 feet of Vogler Street at its intersection with West 12th. Street; which Petition had been recommends for approval by the Planning Commission.. However, incompliance with a request from Attorney.Matthews,. who advised that this matter had been resolved by the property owners, there. was a motion by Director Keith, seconded by Director Wimberly, that this item be withdrawn from the Agenda. The motion was 5 T NOVEMBER 5, 1974, Cont'd. adopted by unanimous.vote of the members of the Board of Directors present, and the.item was- withdrawn. Mr. C. D. Krumme appeared before the Board of Directors at this time and requested that a Public Hearing scheduled for this time and place be cancelled. The hearing was designated for the purpose of hearing arguments on a Petition submitted by The Southwestern Bell Telephone Company to vacate and close the street in Tracts 1 and 2 of the Commonwealth Addition to the City of Little Rock, Arkansas, which Petition had been recommended for denial by the Planning Commission. Mr.. Krumme requested that this matter be referred back to the Planning Commission for further study. There was a motion by Director Hollingsworth that,the Board comply with this request; and the motion was seconded by Director Baldwin, and unanimously adopted by members of the Board of Directors present. The next.presentation was Resolution No. 5,280, described as; A RESOLUTION_ APPROVING CONTINUATION AND EXTENSION OF THE HOME TOWN PLAN PROGRAM ADMINISTERED BY THE CENTRAL ARKANSAS MANPOWER PLANNING COUNCIL; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was thereafter adopted upon motion of Director Keith, seconded by Director Baldwin, and by the following roll call vote: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. _ A Staff Report on School Crossing Guards for the Annexation Area was presented next; and upon motion of Director Hollingsworth, seconded by Director Young, which was unanimously adopted by members of the Board of Directors present, the Report was received and filed. Relative to this Report, Mrs. Susie Pollnow requested and received_permission to speak on behalf of the Parent- Teachers Association of the Romine School, which is situated in this area. She contended that the recent nullification of the annexation of this area by the Arkansas State Supreme Court would have no bearing on this situation, as this school-is under the jurisdiction of the Little Rock Public School System. She pointed out that a child was injured in a traffic accident in this,area during the previous school year where speed limits are seldom observed, and insisted .that the fact that this is a "city school ", although located within the-county, was sufficient reason for the City to provide a trained crossing guard for the school The Board members expressed sympathy and concern, but conveyed the opinion that this area was beyong the' authority or,patronage of the -City _of Little Rock, due -to the Supreme Court's ruling on the annex- ation. It was suggested by Director Baldwin, residents of this area could.present a petition requesting voluntary annexation which, if approved, would enable the City to assist in solving this problem. The next presentation was an Interim Report on the Formulation of A Citizens' Complaint Procedure for the City of Little Rock, which report was subsequently received and filed upon motion of Director Baldwin, seconded by Director Wimberly,.which was unanimously adopted by members of the Board of Directors. City Manager Carleton E. McMullin requested that members of the Board review this Interim Report and added that he would appreciate hearing their views on this matter. Presentation was made at this time of Ordinance No. 12,979, entitled: AN ORDINANCE AWARDING A CONTRACT FOR THE RECONSTRUCTION OF A PAVILION AT KANIS PARK; APPROPRIATING FUNDS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; and the Ordinance, having been read the first time on October 15, 1974, was then read the second time. Director Young made a motion, which was seconded by Director Hollingsworth, that the rules be suspended . and the Ordinance be placed on third and final reading; and the motion was unanimously adopted by member of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, at which time an Aye and No Vote was taken on the passage of the Ordinance, resulting as follows: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters-, Directors Hollingsworth and Young -,total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was declared passed. . C i 1 1 NOVEMBER 5, 1974, Cont'd. The Preliminary 1975 Budget for the Little Rock Municipal - Airport was presented at this time;--and upon motion of Director Young, seconded by Director Wimberly, and by unanimous vote of the members of Boardvbf Directors present; said Budget Report was received and filed. There was-presented a.Quarterly "Financial Report for the City of Little Rock, Arkansas, which repor was thereafter received -and filed upon motion of Director Young, seconded by Director' Wimberly, and by unanimous vote'of the members of: the Board of Directors present. Ordinance No. 12,980 was presented,-with the title being: AN ORDINANCE AUTHORIZING THE CITY'S FINANCIAL ASSISTANCE TO PROVIDE`A °SIX. COUNTY EMERGENCY MEDICAL SERVICES SYSTEM; APPROPRIATING CERTAIN FUNDS; REALLOCATING CERTAIN MODEL CITIES FUNDS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time, followed by a motion from-Director Hollingsworth that the rules be suspended and the Ordinance be placed on second - reading. The motion having been seconded by Director Young and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two- thirds or more of the members of the -Board of -Directors- elect, the Ordinance was then read the second time. The rules were again suspended to allow for the third-and.-final-reading of the Ordinance at this time, by motion of Director Wimberly, seconded by`Director "Young, which was .unanimous] adopted by members of the Board of Directors present, being six in number and two- thirds:or more of the members of the Board of Directors- elect. With -the reading of the Ordinance for the-third and last time, there was a vote taken on -the question, Shall the Ordinance Pass, and the Aye'and No Vote is recorded as herein described: Ayes -- Directors Keith, Baldwin, Wimberly., Mayor Walters, Directors Hollingsworth and Young - total 6; Noes —None; Absent,- . Director.Bussey - total 1. It was then announced that -the Ordinance had passed. A Resolution, No..5,281, was presented'at this point, with the title being: A RESOLUTION AWARDING A CONTRACT FOR THE FIFTH YEAR STREET CONSTRUCTION PROJECT IN'THE'MODEL CITIES AREA; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Contract awarded to Tri -City Construction Company in the amount of-$312,565) with there being a "complete reading of the Resolution. A motion was made by "Director Hollingsworth, seconded'by Director Wimberly, which led to adoption of the Resolution by the following�ro3l "'6ill'vote: Ayes — Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Hollingsworth and-Young - total 6; Noes - None;. Absent — Director Bussey - -total 1. The next item presented for consideration was Resolution-No. 5;282, described'as:" RESOLUTION OF THE BOARD OF DIRECTORS -OF THE CITY -OF LITTLE ROCK, ARKANSAS-, APPROVING THE APPLICAT FOR URBAN RENEWAL-TRANSITION FUNDING; (By provisions of Title I of the Housing Act of 1949 of the Department of Housing and Urban Development for Neighborhood Development Programs) and there was a full reading of the Resolution; after which a motion by Director Hollingsworth, seconded by Director Baldwin, provided for adoption of the Resolution by a roll call vote recorded as follows: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. ;:-Presented at this time was Resolution No. 5,283, containing the following title: A RESOLUTION OF THE BOARD OF DIRECTORS OF LITTLE ROCK, ARKANSAS, APPROVING THE APPLICATION FOR MODEL CITIES TRANSITION FUNDING;, AND FOR.OTHER PURPOSES;' (In accordance with provisions of Title I of the Demonstration Cities and Metropolitan Development Act of.1966, of the Department of'Housing'and`Urban Development) with the Resolution being read in'full, followed by-a motion from Director Young,'seconded-by "Director Hollingsworth; for adoption of the'Resolution. A roll call was taken and the Resolution was adopted by the following vote:' "Ayes— Directors Keith, Baldwin, Wimberly, - ,Mayor Walters; Directors Hollingsworth and Young - total 6; Noes - None; Absent - Dirrector Bussey -total 1. J P I J NOVEMBER 5, 1974, Cont'd. There was presented.Resolution_No. 5,284, entitled: A RESOLUTION AUTHORIZING THE USE OF MODEL CITIES FUNDS TO PROVIDE LIMITED ASSISTANCE FOR CERTAIN NATURAL GAS LINE REPLACEMENT REQUIRED AS A RESULT OF PUBLIC STREET CONSTRUCTION PROJECTS; -AND FOR OTHER PURPOSES; with the Resolution being read in its entirety. A motion by Director Hollingsworth, seconded by Director Wimberly, resulted in a roll call vote adopting the Resolution as follows: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. Concerning routine business matters, Director Young referred to a policy adopted May 15, 1973 by the Sewer Commission to "require annexation as a prerequisite to obtaining sewer service in the future" and made a motion that the City adhere to £s current policy relating to sewer service in the 55 square -mile annexation territory, now invalidated by a ruling of the Arkansas State Supreme Court, until some definite plans can be formulated with regard to this area. The motion was seconded by Director Hollingsworth, and unanimously adopted by members of the Board of Directors present. A memorandum from Mr. Carleton E. McMullin, City Manager, was distributed relating.to the voiding by the Arkansas State Supreme Court on November 4, 1974 of the 55- square mile annexation to the City of Little Rock, and outlining four possible alternatives which the City might implement as a result of the Court's ruling. Mr. McMullin requested that the Board of Directors meet in the near future for the purpose of discussing some positive action, and contended that the urbanization of this area is of great importance. The final item from the Official Agenda, Resolution No. 5,285, was presented and is described as follows: I I A RESOLUTION MAKING APPOINTMENTS TO THE PLANNING COMMISSION; (Appointment of Mr. Russell L. McLean and Mrs. Sue C. Williams) and said Resolution was read in full, and thereafter adopted upon motion of Director Baldwin, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Baldwin, seconded by Director Wimberly, the meeting was adjourned at 9:00 o'clock , P. M.; to meet again in regular session on Tuesday, November 19, 1974 at 7:30 o'clock P. M. ATTEST: � (� APPROVED: City Clerk Mayor LJ Board of-,Directors Chamber .,Little Rock, Arkansas November 19; 1974 - 7:30 P The Board of Directors of the City of Little Rock,•Arkansas met in regular session with Vice Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Hollingsworth and Young total 3; Absent ,Directors Baldwin, Wimberly, and Mayor Walters - total 3. It,was announced that there was a quorum in attendance, and the proceedings of the meeting are described as follows: The Invocation was given by Vice Mayor Bussey. The reading of the minutes of the previous meeting held on November 5, 1974 was dispensed with and said minutes were approved as written and summarized to the Board of Directors, upon motion of Director Hollingsworth, seconded by Director Young, and by unanimous vote of the members of the Board of Directors present. The meeting began with the introduction by Vice Mayor Bussey of the Mayor of Las Vegas, Nevada, ' Mr. Oran K. Gragson, who is a native of Vilonia, Arkansas. Mayor Gragson sppke briefly and extended his good wishes to the City of Little Rock and its Board of Directors. The first item presented for consideration from the Official Agenda was a'�proposal by the Board of Directors of the City of Little Rock, Arkansas to vacate, abandon and close the portion of the alley abutting Lots 1, 2, 3, 4, 5, 8, 9, 10, ll.and 12 of Block 22, Jones and Worthen Addition to the City of Little Rock, Arkansas. (See Resolution No. 5,286, setting the date of Public Hearing on this proposal C 1111111 for December 17, 1974, as follows) Resolution No. 5,286 was presented, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PROPOSAL TO VACATE AND CLOSE THE REMAINDER OF THE ALLEY IN BLOCK 22, JONES AND WORTHEN. ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was thereafter adopted by motion of Director Young, seconded by Director Hollingsworth, and by the following roll call vote: Ayes - Director Keith, Vice Mayor Bussey, Directors Hollingsworth and Young - total 4; Noes - None; Absent - Directors Baldu Wimberly, and Mayor Walters - total 3. . Next presented was the Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of September, 19.74; which statement was then received and filed, upon motion of Director Hollingsworth, seconded by Director Keith, and by unanimous vote of the members of the Board of Directors present. Presentation was then made of Resolution No. 5,287, described as: A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1975; AND FOR OTHER PURPOSES; which Resolution was read in full. There was a motion then made by Director Young, seconded by Director Hollingsworth, that the Resolution be adopted. A roll call was taken which adopted the Resolution by t following vote: Ayes - Director Keith, Vice Mayor Bussey, Directors Hollingsworth and Young - total 4; Noes - None; Absent - Directors Baldwin, Wimberly, and Mayor Walters - total 3. At this time, there was presented a proposed Resolution entitled: A RESOLUTION GRANTING A FRANCHISE FOR A SIGN IN THE STREET RIGHT -OF -WAY; AND FOR OTHER PURPOSES; (Sign located at 1109 Kavanaugh Boulevard) with the Resolution being read in full, and followed by a motion from Director Keith, seconded by Director Hollingsworth, to adopt said Resolution. City Manager Carleton E. McMullin then contended that there were negative recommendations from the City's staff concerning this matter. The Petitioner, 2 10 NOVEMBER 19, 1974, Cont'd. Attorney David Lewis, was present and requested that this franchise be approved. Speaking for the Staff Mr. John L. Taylor, Assistant Director of the Department of Community- Development, insisted -that this sign is in violation of the Traffic Ordinance, and the granting of a franchise in this instance would be incompatible with the current policy of the ^City. A roll call vote was taken, by which the Resolution failed to-be adopted by the following vote: Ayes - Director Keith, Vice Mayor Bussey and Director Hollingsworth - total 3; Noes - Director Young - total 1; Absent - Directors Baldwin, Wimberly and Mayor Walters - total 3. The following Resolution, No..5;288, was- presented: A RESOLUTION AUTHORIZING THE CITY..MANAGER TO MAKE APPLICATION FOR LEAA GRANT FUNDS FOR THE ATION OF THE ORGANIZED CRIME UNIT PROGRAM; AND FOR OTHER PURPOSES; (To fund position of a Crime Analyst) and the.Resolution was read in its entirety: There was a motion from Director Young, seconded by Dire Keith, which led to adoption of the Resolution by the following roll call vote; Ayes - Director Keith, Vice Mayor Bussey, Directors Hollingsworth And Young - total 4; Noes - None; Absent - Directors Baldwin, Wimberly and Mayor Walters - total 3. Resolution No. 5,289 was -then presented, with the title being: III�I A RESOLUTION'AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY.OF LITTLE ROCK FOR COMBINED LIBRARY SERVICES IN PULASKI AND PERRY COUNTIES; AND FOR OTHER PURPOSES; and upon full reading of the Resolution, it was adopted by motion of Director Keith, seconded by Directo Young, and by the following roll call vote: Ayes - Director Keith, Vice Mayor Bussey, Directors Holling worth and-Young - total 4; Noes' - None ; -- Absent - Directors Baldwin, Wimberly and Mayor Walters - total 3. The next presentation, being a proposed Resolution, was described as follows: A RESOLUTION OF THE BOARD OF DIRECTORS REGARDING A POSSIBLE COUNTY VEHICLE TAX; AND FOR OTHER PURPOSES;.- and there was a complete reading of the Resolution. Director Hollingsworth then suggested that this Resolution be deferred, declaring that "it is a moot point." Consequently, Director Keith moved that the Resolution be deferred until a later date; with the motion being seconded by Director Hollingsworth 1 and adopted by the following roll call vote: Ayes - Director Keith, Vice Mayor Bussey, Directors Hollingsworth and Young -- total- 4; Noes - None; Absent - Directors Baldwin, Wimberly, and Mayor Walters - total 3. Accordingly, this item was deferred until a time so designated by the Board of Directors. Introduced at this time was Resolution No. 5,290, containing the following title: A RESOLUTION MAKING AN APPOINTMENT TO THE AIRPORT COMMISSION; AND FOR OTHER PURPOSES; (Appointment of Mr. William H.-McLean) and the Resolution was read in full; after which it was adopted upon- motion of Director Keith, seconded by Director Young, and by the following roll call vote: Ayes - Director Keith, Vice Mayor Bussey, Directors Hollingsworth and Young - total 4; Noes - None; Absent - Directors Baldwin, Wimberly and Mayor Walters - total 3. Presented at this time was Resolution No. 5,291, described as: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK PLANNING COMMISSION; AND FOR OTHER PURPOSES; (Appointment of Mr. W. T. Gilmore, Jr.) with said Resolution being read in full, and then adopted by motion of Director Keith, seconded by , Director Hollingsworth, and by a roll call vote as herein recorded: Ayes - Director Keith, Vice Mayor Bussey, Directors Hollingsworth and Young - total 4; Noes,- None; Absent - Directors Baldwin,'Wimberly, and Mayor- Walters - total 3. NOVEMBER 19, 1974, Contd. A Zoning Appeal from the Smiley- Corporation was.presented..pertaining . to the Planning Commission's denial on September 5, 1,974 of Zoning.Petition No.- Z -287k ;.which Petition requested the reclassification of.property located at 701 Dennison Street,, described -as.Lot'1,..Block.l8 of the Capitol Hill Addition, from "C "._Two - family District to "E -l" Quiet Business.District. As notification receipts to surrounding property.owners had been duly filed in the Office of the City - Clerk, a Public Hearing which had been previously designated for this time and place, was declared by Vice Mayor Bussey to be open. Speaking ii behalf of his Petition, Mr. Jay Lucas advised that one letter from a property owner within 200 feet of the subject property had been filed with the City Clerk; and he -then presented to the City Clerk an additional letter.,signed by four additional property owners within the:two.hundred foot radius; stating that all five of these property owners would like the property to be- rezoned as,requested in.the Petitioi Mr. Lucas stated that he wished to use this property, which is now a vacant lot, as the site of 'a -small office; and defended his Petition.by pointing out the existence in the - immediate vicinity of a plumbing company and an abandoned gasoline station. -The Public Hearing was.then declared closed-and a proposed Ordinance providing for the reclassification of the subject property was placed on first,reading. (See proposed Ordinance, as follows) Presentation of a proposed Ordinance was made at this time_, with the-description being:, AN ORDINANCE RECLASSIFYING.701 SOUTH DENNISON.STREET IN THE CITY OF ?LITTLE.ROCK, ARKANSAS;. AMENDING SECTION 43r2.'OF:THE-CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR.OTHER- PURPOSES;. and the-Ordinance was read the first time. The Ordinance.was then placed on the calendar for second reading at a -later date,, as the necessary five members of the Board of Directors was. not in,:attendance . to, provide for the suspension of the rules to place the Ordinance-on second reading at this time. Next presented was the Zoning Petition No. Z -2882 of Clyde McPherson to rezone the property located at 6622 Baseline Road, described as the East. 66 feet - of the south- 366 feet of Tract 24, of Arnold's Highland Acres; from !'A" One- family- District to "E -1" Quiet Business District for the South- 165.,feet, with the remainder of the site to remain "A" One- family District, as approved by the Planning Commission. There being no one present in opposition to the rezoning of the foregoing property.,.an ordinance to reclassify same was placed on first reading. -(See proposed.Ordinance below) There was presented a proposed Ordinance, described as: , AN ORDINANCE RECLASSIFYING 6622 BASELINE ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS;.AMENDING SECTION.43 -2 -OF THE CODE OF ORDINANCES_OF THE CITY -OF LITTLE ROCK,.,ARKANSAS;.AND FOR-,OTHER PURPOSES; and upon first reading of the Ordinance, the Ordinance was placed on.the calendar for second reading at a later date, due to an insufficient number of members of the Board of Directors present to suspend the rules and place the Ordinance on second reading at this time. A proposed Ordinance was presented, and entitled:. AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS,.OF:PART OF SECTIONS 22, 23, 26 AND 27,- TOWNSHIP.1 NORTH, RANGE 13 _WEST, PULASKI COUNTY, ARKANSAS, WHICH LAND IS CONTIGUOUS-TO THE PRESENT_.CITY LIMITS; ANDFOR OTHER PURPOSES; (Tall Timber Development - Court Order dated October 4, 1974) and said Ordinance was read the first time, and remained on the calendar for second.reading at a later., date, due to an insufficient number of Board Members in attendance to suspend the rules for the second reading; The next item presented was.a proposed Ordinance, entitled: AN_ORDINANCE AWARDING A CONTRACT TO FAGAN ELECTRIC COMPANY FOR REFURBISHMENT OF CITY.HALL AIR CONDITIONING SYSTEM; APPROPRIATING FUNDS; WAIVING.COMPETITIVE BIDDING; AND FOR OTHER PURPOSES; which - Ordinance was read the first; time, and placed on the calendar for. second. reading at a later date, due to a necessary five members of the Board of Directors not being in attendance, which prohibited the suspension of the rules for the second reading of the Ordinance at this time. 11 12 NOVEMBER 19, 1974, Cont'd. There being no further business to be transacted at this time, upon motion of Director Hollings- worth, seconded by Director Keith, the meeting was recessed at 8:00 o'clock P. M, and scheduled to reconvene at 3:00 o'clock P. M., Wednesday, November 20, 1974. ATTEST: ��,(� � - APPROVED: City Clerk Vice Mayor ?19_ ll� Board of Directors Chamber Little Rock, Arkansas November 20,'1974 - 3:00 P. M. The Board of Directors of-the City of Little Rock, Arkansas met in reconvened session with Vice Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith Baldwin, Wimberly, Hollingsworth and Young - total 5; Absent - Mayor Walters - total 1. A quorum was declared to be present, and the meeting then proceeded"as' herein described: The first item to be considered was Ordinance No. 12,981, entitled: AN ORDINANCE RECLASSIFYING 701 DENNISON STREET IN THE CITY OF LITTLE ROCK, ARKANSAS;.AMENDING SECT 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -2871 - From "C" Two - family District to "E -1" Quiet Business District) and the Ordinance, which was first read on November 19, 1974, was then read.the second time. It was stated by Mr. Don R. Venhaus, Director of the Department of Community Development, that the City's Staff recommended denial of this Petition due.to the residential character of the surrounding property. Mr. Jay Lucas again appeared in support of his Petition and stated that it_ was.his desire to use this proper as a site to construct a building for his electrical engineering business. There was a motion at this time by Director Baldwin to suspend the rules and place the Ordinance on third and final reading. The motion was seconded by Director Wimberly and unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was read the third and last time. There was an ensuing'Aye and No Vote taken on the question, Shall the Ordinance Pass, which resulted as follows: Ayes - Directors Keith, Baldwin, Wimberly and Vice Mayor Bussey - total 4; Noes - Directors Hollingsworth and Young - total 2; Absent - Mayor Walters - total 1. The Ordinance was,then declared passed. Next presented was Ordinance No. 12,982, described as: AN ORDINANCE RECLASSIFYING 6622 BASELINE ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -2882 - From "A" Single Family District to "E-l" Quiet Business District for the.South 165 feet of this tract, with the remaining portion to remain "A" Single - family District) and having been read first on November.19, 1974, the Ordinance was read the second time. As there was no one present in opposition to the proposed rezoning, there was a motion from Director Wimberly, seco by Director Baldwin, to suspend the rules.and place the Ordinance on third and final reading. The mot was adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. The question of the Ordinance's passage was then submitted to an Aye and No Vote, which is described herein as follows: Ayes. - Directors Keith, Baldwin, Wimberly, Vice Mayor Bus Directors Hollingsworth and Young - total 6; Noes - None; Absent - Mayor Walters - total 1. An announcement was made that the Ordinance had passed. Again presented was Ordinance No. 12,983, containing the following title: AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF PART OF SECTIONS 22, 23, 26 AND 27, TOWNSHIP 1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS, WHICH LAND IS CONTIGUOUS TO THE PRESENT CITY LIMITS; AND FOR OTHER PURPOSES; (Tall Timber Development - Court Order dated October 4, 1974) with the Ordinance, having been read the first time on November 19, 1974, then being read the second time. There was a motion from Director Wimberly, seconded by Director Baldwin, calling for a suspension I of the rules to allow for the third and final readingjof the Ordinance; which motion received unanimous i adoption by members of the Board of Directors present; being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, resulting 13 14 NOVEMBER 20, 1974, Cont'd. in an Aye and No Vote being taken on -the passage of the Ordinance and recorded herein as.follows: Ayes - Directors Keith, Baldwin, Wimberly, Vice Mayor Bussey, Directors Hollingsworth. and Young - total 6; Noes,- None; Absent - Mayor Walters - total 1. ' The Emergency Clause contained in Section II of the Ordinance was then read and adopted by the following vote: Ayes - Directors Keith, Baldwin, Wimberly, Vice Mayor Bussey, Directors Hollingsworth and Young - total 6; Noes - None; Absent - Mayor Walters - total 1.. The Ordinance,.together with the Emergency Section, was declared passed. Presented for second reading at this time was Ordinance No. 12,984, with the title being: AN ORDINANCE AWARDING CONTRACT TO FAGAN ELECTRIC COMPANY FOR REFURBISHMENT OF CITY HALL AIR CONDITIONING SYSTEM; APPROPRIATING FUNDS; WAIVING COMPETITIVE BIDDING; AND FOR OTHER PURPOSES; which Ordinance, having been read the first time on November 19, 1974, was then read the second time. A motion then followed from Director Wimberly which suspended the rules to allow for the third and final reading of the Ordinance; which motion was seconded by Director Keith, and unanimously adopted by member of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time; after which there was a subsequent Aye and No Vote taken on the question, Shall the Ordinance Pass, resulting as follows: Ayes - Directors Keith, Baldwin, Wimberly, Vice Mayor Bussey, Directors Hollingsworth and Young - total 6; Noes - None; Absent - Mayor Walters - total 1. The Ordinance was declared to have been passed. At this time, there was.a motion by Director Wimberly that the meeting date for the next regular meeting of the Board of Directors be rescheduled from December 3, 1974 to December 9, 1974, in order that the Board Members might attend the meeting of the National League of Cities. The motion was seconded by Director Keith, unanimously adopted by members of the Board of Directors present, and the meeting was accordingly rescheduled for December 9, 1974. With there being no further business to be presented or to come before the Board of Directors, upon motion of Director Hollingsworth, seconded by Director Wimberly, and by unanimous vote of the Board Members present, the meeting was adjourned at 3:45 o'clock P. M., to meet again in regular session on Monday, December 9, 1974 at 7:30 o'clock P. M. Immediately following the adjournment, a Work Session was held concerning the City's Legal Department and Citizen Participation Alternatives in Community Development Revenue Sharing. ATTEST:. RiYLfi ( APPROVED: City Clerk Vice Mayor_- 6� X15 Board of Directors Chamber Little'Rock; Arkansas _ December.9,`1974 - 7;30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Walters presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Baldwin, Wimberly, Bussey, Hollingsworth and Young - total 6; Absent None. As there was a quorum present, it was so announced, and the following is an accounting of the budget, 74.4% of which was designated for salaries; and contended that unless supplemental appropriation are made, cutbacks in street lighting probably will be necessary in 1975 as a result.of a 40% increase in electric utility costs. As a contributing factor in the financial problems of the City, Mr. McMullin pointed out the nullification of the annexation of 55 square miles to the City by the Arkansas Supreme Court, and added that.Federal Revenue Sharing Funds originally intended for capital improvements are being currently used to subsidize the budget. In addition, the City Manager called attention to the fact that certain programs established and funded by federal grants would eventually revert to the City for full funding. Other critical needs described by Mr. McMullin were the orderly 'growth of the City, housing policies, financial policies., urban crime, and improved management. At"the recommendation of proceedings: The Invocation was given by Mayor Walters. The reading of the minutes of the previous meeting -held on November 19, 1974 was dispensed with and said minutes were approved'as written and summarized.to the Board of Directors upon motion of Directc Wimberly, seconded by Director Hollingsworth, and by unanimous vote of the members of the Board of Directors present. The first item presented from the Official Agenda was the Annual Report from the Little Rock Housin€ Authority of activities on public housing for the fiscal.year ending September 30, 1974, consisting of Balance Sheet and Statement of Operating Receipts and Expenditures. Upon motion of Director Hollings- worth, seconded by Director Keith, and by unanimous vote of the members of the Board of Directors present the Annual Report was received and filed. The next item presented for consideration was a Certificate by the Pulaski County Board of Election Commissioners of the votes cast for municipal.candidates in the November 5, 1974 General - Election. A motion was made by Director Keith that the Certificate be received and filed; which motion was seconded by Director Hollingsworth and adopted by unanimous vote of the members of the Board of Directors present. At this point, City Manager Carleton E. McMullin presented a series of slides and discussed at length the budget for the City of Little Rock for the year 1975. Although he described it as a "minimal budget ", Mr. McMullin pointed out an 11% increase over the 1974 budget, which he attributed to the current inflation. Along with the 1975 budget totaling $16,733,314, which showed a projected income for the City of $16,733,902, he submitted a list of items not - included within the budget which he recommended as "priority items" to be accomplished within the year by means of additional taxation, if necessary. Among the priority items requested were additional street lighting; a new fire truck; fifteen additional policemen; funds for street resurfacing, enforcing the sign ordinance, and replacement of garbage trucks. Mr. McMullin stated that only basic city services at minimum levels of funding were included in the budget, 74.4% of which was designated for salaries; and contended that unless supplemental appropriation are made, cutbacks in street lighting probably will be necessary in 1975 as a result.of a 40% increase in electric utility costs. As a contributing factor in the financial problems of the City, Mr. McMullin pointed out the nullification of the annexation of 55 square miles to the City by the Arkansas Supreme Court, and added that.Federal Revenue Sharing Funds originally intended for capital improvements are being currently used to subsidize the budget. In addition, the City Manager called attention to the fact that certain programs established and funded by federal grants would eventually revert to the City for full funding. Other critical needs described by Mr. McMullin were the orderly 'growth of the City, housing policies, financial policies., urban crime, and improved management. At"the recommendation of that the Board recess the December 17th Official Meeting to reconvene on December 30, 1974, for the purpose of adopting the budget, with an Agenda Meeting to immediately follow. The motion was seconded by Director Keith and adopted by the following roll call vote: Ayes - .Directors Keith, Baldwin, City Manager, a motion was.then made by Director Hollingsworth that a Public Hearing be designated for 6:30 o'clock P. M. on December 17, 1974 in,order that all interested citizens could be afforded the opportunity to speak on the subject of the City's 1975 budget; that the Board of Directors hold an informal meeting at 2:00 o'clock P. M. on December 18, 1974 for the purpose of reviewing the budget; and that the Board recess the December 17th Official Meeting to reconvene on December 30, 1974, for the purpose of adopting the budget, with an Agenda Meeting to immediately follow. The motion was seconded by Director Keith and adopted by the following roll call vote: Ayes - .Directors Keith, Baldwin, M DECEMBER 9. 1974, Cont'd. Mayor Walters, Directors Bussey, Hollingsworth and Young total 7; 'Noes - None. Presented at this time was Ordinance No. 12,985, entitled: AN ORDINANCE APPROPRIATING FUNDS TO DEFRAY THE COST OF THE ANTICIPATED DEFICIT OF CENTRAL ARKANSAS , TRANSIT FOR OPERATION FOR THE REMAINDER OF THE FISCAL YEAR 1974; AND FOR OTHER PURPOSES; - (Appropriation in the amount of $50,000.00) and said Ordinance was read the first time; after which there was a motion.by Director Hollingsworth, seconded by Director Young, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number 'and two -thi or more of the members of the Board of Directors - elect; whereupon there was a second reading of the Ordinance. A subsequent motion was then made by Director Hollingsworth, again seconded by Director Young, for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time; which motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance,'there was a roll call vote taken on the passage of the Ordinance, the result of which is described as follows: ' Ayes " = Directors Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young- total 6; Noes - Director Keith - total 1; Absent - None. The Ordinance was declared passed. Ordinance No. 12,986 was presented, with the title being: AN ORDINANCE AWARDING A "CONTRACT FOR RENOVATION WORK AT THE MUSEUM OF SCIENCE AND NATURAL HISTORY; APPROPRIATING $2,250.00; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; with there being a first-reading of the Ordinance: The rules were thereafter suspended to provide for the second reading of-the Ordinance, by motion of Director Bussey, seconded by Director Keith, and by unanimous vote of the members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect.- The Ordinance was then read the second time, followed by an ensuing motion from Director Bussey, seconded by Director Wimberly, to again suspend the rules and place the 'Ordinance on third and final= reading; which motion was unanimously adopted by member of the Board of'Directors present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. The Ordinance was read the third and last time and submitted to an Aye and No Vote on the question, Shall the Ordinance Pass, which resulted as herein described: Ayes - Directors Keith, Baldwin; Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 7; Noes None; Absent - 'None. There was an announcement at this time that the Ordinance had been passed. Presentation was then made of Ordinance No. 12,987, described as: AN ORDINANCE AMENDING ORDINANCE NO. 12,881 OF THE BOARD OF DIRECTORS TO ALLOW FOR INTERDEPARTMENTAL ACCOUNT TRANSFERS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading of the Ordinance by motion of Director Keith, seconded by Director Young, and by unanimous vote of the members-of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and a'second reading of the Ordinance followed. The rules were again suspended, by motion of Director Keith, seconded by Director Hollingsworth, and the Ordinance placed on third and final reading; which motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of "the Board of Directors elect. Following the third and last reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance, with the resulting vote being: Ayes - Directors Keith, Baldwin, Wimberly, , Mayor Walters, Directors Bussey, Hollingsworth and Young - total 7; Noes - None'; Absent - None. It was announced that the Ordinance had passed. The next presentation for consideration was Resolution No. 5,292, entitled: A RESOLUTION AUTHORIZING THE EMPLOYMENT -OF CONCRETE CONSULTANTS OF DALLAS, TEXAS FOR CONSULTING SERVICES FOR CONCRETE WORK AT THE NEW CENTRAL FIRE STATION; AND FOR OTHER PURPOSES; DECEMBER 9. 1974. Cont'd. (Contract price not to exceed $5,920) and the Resolution was read in its entirety. A motion by Director Young, seconded by Director Hollings- ' worth,.resulted -in adoption of the Resolution by-,the following roll call vote: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young_ total -7; ,Noes -,None; Absent - None. Resolution No..5,293 was presented at this point, with the title being: A RESOLUTION AUTHORIZING ARKANSAS POWER AND LIGHT COMPANY TO PLACE,ALL ELECTRICAL FACILITIES AT THE•NEW CENTRAL FIRE STATION UNDERGROUND INSTEAD OF OVERHEAD AS ORIGINALLY ,PLANNED; AND FOR OTHER PURPOSES; which Resolution was read in full;.and thereafter adopted upon motion of,Director- Hollingsworth, secon by Director Keith, and the following roll call vote.: Ayes - Directors Keith, Baldwin, Wimberly., Mayor Walters, Directors Bussey, Hollingsworth and Young -. total 7; Noes - None; Absent - None. Introduced'at this time was Ordinance No. 12,988,, containing the following title: AN ORDINANCE AMENDING IN PART SECTIONS 44 -3 OF ARTICLE I AND 44 -5 -1 OF ARTICLE,II, ALL OF CHAPTER 44 OF THE CODE OF ORDINANCES REGULATING SIGNS; AND FOR OTHER PURPOSES; and there was a -first reading of the Ordinance,.followed . by a motion,from Director Wimberly, seconded by Director Baldwin, to suspend the rules and place the Ordinance on second reading. However, Director Young at this point expressed apprehension -as to the fairness -of the single- use.provision.and stated that the.Board owed -a higher duty to the public and was being "a bit precipitous ",in amending the Ordi- nance without thorough public discussion, and that to do-so would.be "an affront and a slap to the peopl who worked very hard to get the Ordinance adopted." He then moved that the Ordinance be referred.to the Planning Commission for its recommendation and for the elimination of the single -use provision, and a - second to the motion was given by Director Hollingsworth. Concurring with Director.Young in- this.opinior. was Attorney John T. Williams, who stated -that the single -use concept would put industry out of business; however, he insisted that there had been,adequate time to act on this amendment and it should be sub -. mitted to an immediate vote. Director Baldwin also urged that a vote be taken and pointed out.that -this matter had.been deferred once previously.. Mrs. Jo Kimmins.contended that it.would not be fair to amend the Ordinance at this time;, and before it had been given a chance to work as adopted., A.suggestion followed from Director Wimberly that the entire sign Ordinance be..sent back to the Planning Commission.. Director Young's motion was then submitted to a roll call vote and defeated as herein.described. Ayes - Mayor Walters, Directors Hollingsworth and Young - total 3; Noes - Directors Keith, Baldwin, Wimberly } and Bussey - total 4; Absent - None. Consequently, a roll call vote ensured on a previous motion to suspend the rules and place the Ordinance on second reading, and the vote is recorded herein as- follows: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Bussey and Young - total 6;. Noes - Director Hollingsworth - total 1; Absent - None. With the motion having been carried, there was a second reading of the Ordinance. A subsequent motion to suspend the rules for the third and final read of the Ordinance was then made by Director Baldwin, seconded by Director Wimberly., and adopted by the _following roll call vote: Ayes.- Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Bussey and Young - total 6;-.Noes - Director Hollingsworth - total.l;, Absent -- None. The third and last reading of the Ordinance having been accomplished, an Aye and No Vote ensured on the passage of the Ordinance,.which resulted.as follows:. Ayes - Directors Baldwin, Wimberly, Mayor Walters, Directors Bussey and Young - total 5;- Noes - Directors Keith and Hollingsworth - total 2; Absent - None. The Ordinance was - declared passed..,. There.was presented Ordinance. No. 12;989, entitled: . AN ORDINANCE AMENDING SUBSECTIONS "a" AND "b" OF SECTION:2- -25:OF THE CODE, OF ORDINANCES FOR THE CITY OF LITTLE ROCK, ARKANSAS, PERTAINING TO HOLIDAYS AND SPECIAL LEAVE; AND.FOR..OTHER PURPOSES;, with the Ordinance then being read the first time; after which" there: -was a motion by Director. -Bussey to 17 T65 DECEMBER 9. 1974. Cont'd. suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Hollingsworth and unanimously adopted.by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board -of Directors - elect. There was a second reading , of the Ordinance, and a subsequent motion from Director Bussey, seconded by Director Hollingsworth, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The "motion having been adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board'of Directors - elect, the Ordinance was there- fore read for the third and last time: An Aye and No Vote taken on the passage of the Ordinance is. recorded herein as follows: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. It was declared that the Ordinance had passed. The next presentation was that of Ordinance No. 12990, with the title being: AN ORDINANCE AMENDING SUBSECTION "a ", "b" AND "d" OF SECTION 2 -23 OF THE CODE OF ORDINANCES FOR THE CITY OF LITTLE ROCK, ARKANSAS, PERTAINING TO VACATIONS, SICK LEAVE, AND MILITARY LEAVE; AND FOR OTHER PURPOSES; which Ordinance was read the first time. The rules were then suspended and the Ordinance placed on second reading by motion of Director Baldwin, which was seconded by Director Bussey and adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. A second reading of the Ordinance followed; after which there was an ensuing motion from Director Wimberly to,further suspend.the rules and place the Ordinance on its third and final reading.. The motion was seconded by Director Baldwin, adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors- elect; and the Ordinance -was read for the third and last time. The subsequent Aye and No Vote on the passage of the Ordinance resulted as follows: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. It was announced that the Ordinance had been passed. Resolution No. 5,294 was presented, with the title being: A RESOLUTION OF THE BOARD OF.DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, AUTHORIZING THE FILING OF AN.APPLICATION FOR FEDERAL FUNDS TO IMPROVE RECREATION FACILITIES; AND FOR OTHER PURPOSES; (For bikeways through Kanis and Boyle Parks, physical fitness. , and nature study trails) with said Resolution being read in full. A motion was made by Director Hollingsworth and seconded by. Director Bussey, which led to adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The following Resolution No. 5,295 was presented and entitled: A RESOLUTION ESTABLISHING THE POLICY OF THE CITY OF LITTLE ROCK CONCERNING ANNEXATION; and there was a complete reading of the Resolution, which was then adopted upon motion of Director Hollingsworth, seconded by Director Baldwin, and by the following roll call vote: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The next presentation was Resolution No. 5,296, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS REGARDING A POSSIBLE COUNTY VEHICLE TAX; AND FOR OTHER PURPOSES; and after a full reading of the Resolution; there was a motion by Director Keith, seconded by Director ' Baldwin, which led to adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. � J DECEMBER 9. 1974. Cont'd. Presented at'this point "was Resolution No.'5';297',-described'as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES CIVIL SERVICE COMMISSION'FOR INTERGOVERNMENTAL PERSONNEL ACT FUNDS; AND FOR OTHER PURPOSES; (Funds'to be used for (a) Job Analysis, (b) Compensation Study, and.(c) Orientation and Supervisory.Training) with there being a complete reading of said Resolution. A motion by.Director Young, seconded by Director Baldwin, resulted.in a roll call vote which.adopted the Resolution as follows; Ayes - Directors Keith, Baldwin, Wimberly., Mayor- Walters, Directors Bussey, Hollingsworth and Young - total 7; Noes - None;. Absent - None. Presentation was then made of Resolution No. 5,298, with the title being: A RESOLUTION MAKING APPOINTMENTS;.AND FOR OTHER PURPOSES; (Appointments to the Pulaski .County Manpower Area Planning-Council and.to the Little Rock Housing Authority) with the `Resolution being read in full, and thereafter adopted upon motion of Director Hollingsworth, seconded by Director "Baldwiti,'and by the following roll'call vote: Ayes " - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Resolution No. 5,299 was presented, and entitled: A RESOLUTION MAKING AN 'APPOINTMENT TO THE LITTLE ROCK MUNICIPAL'AIRPORT COMMISSION; and the Resolution was read in full. There was a motion by Director Keith, seconded by Director Baldwin, that the Resolution be adopted. A roll `call was taken and the Resolution was adopted by the following vote: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors" Bussey, Hollings- worth and Young - -total 7; Noes- None,; Absent- None. - - The final item presented for consideration was Resolution No.' 5,300,- eintitled A RESOLUTION AUTHORIZING THE EXTENSION OF AN OPTION TO GENERAL ELECTRIC COMPANY FOR THE PURCHASE OF LAND IN THE LITTLE "ROCK PORT INDUSTRIAL"DISTRICT; AND FOR OTHER PURPOSES; and there was a full reading.of the Resolution. A motion from Director Keith, seconded by °Director Baldwin, resulted in a roll call vote which adopted the Resolution by the following vot6" Ayes'' - Directors Keith,- Baldwin, Wimberly, Mayor Walters, Directors Bussey; Hollingsworth and Young - total 7; Noes - None; Absent None. ' There being no further business to be presented-or to come before the Board of Directors; upon motion-of Director Baldwin, seconded by Director Keith, and by unanimous "dote`of'the members of the Board of Directors present, the meeting was adjourned at 8:35 o'clock'-P.' M., to meet again in regular session on Tuesday, December 17, 1974 at ;7:30 O'clock P. M., immediately following a'Public "Hearing on the 1975 City of Little Rock Budget scheduled at 6:30 o'clock P. M. ATTEST: City Clerk APPROVED: Mayor ire 2011 Board of Directors Chamber Little Rock, Arkansas December 17, 1974 -'7:30 P. M. , The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Walters presiding and Jane Czech, City Clerk, and the following Directors-present: Directors Keith, Baldwin, Wimberly, Hollingsworth and Young- total 5; Absent - Director Bussey - total 1. As there was 'a-quorum present, it was so announced, and the following is an account of the - proceedings: The Invocation was given by Director Wimberly. The reading of the minutes of the previous meeting held on December 9,'1974 was dispensed with and said minutes were approved as written and summarized to the Board-of-Directors upon motion of Director Baldwin, seconded by Director Hollingsworth; and by unanimous-vote of the members of the Board of Directors present. The first item presented from the Official Agenda was Zoning Petition No. Z -2885 from Joe DeSalvo requesting the rezoning of property located at-7804 Del Ray Drive, described as.Lots'll and 12 of Block 18 of the Bellvue Addition to the City of Little Rock, Arkansas; from "A" One = family District to "C" Two - family District; which Petition had received the approval of-the Planning Commission on December 5, 1974. There -were no citizens present in opposition to'the proposed. ^rezoning; however a brief discussion resulted which-evolved around the varied uses which could be applied under "C" Two - family zoning. Mr. Don R. Venhaus, Director of the Department of Community Development, advised that this classification could encompass such uses as day care-centers, private clubs,'philanthropic and non - profit organizations. Director Keith expressed his approval of the two- family concept in this instance, but added that he objected to the other uses which could possibly. result from-approval of this Petition'. In response to an inquiry by the City Manager, Mr: Venhaus-stated tHat the zoning ordinance was presently in the process of being amended, and would include a proposal to allow for alternate land uses under specific'- zoning classifications, subject to approval by the Board of Adjust- ment. At this time, a proposed Ordinance was presented for first reading. (See Ordinance No. 12,991, as follows) Ordinance No. 12,991'was presented, with the title being: AN ORDINANCE RECLASSIFYING.7804 DEL RAY DRIVE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE -OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance, followed by a motion from Director Baldwin to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Hollingsworth and adopted by unanimous vote of -the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordi- nance ensued. There was a motion at this time-for a further suspension of the rules to provide for the third and final reading of the Ordinance; with the motion being made by Director Baldwin, seconded by -Director Young, and unanimously adopted by members of the Board,of Directors-present, being six in numbe and two - thirds or more of the members of the-Board of Directors - elect. The 'Ordinance was read the third and last time, resulting -in an Aye and No Vote being taken on the passage of the Ordinance, which is described as follows: Ayes - Directors Baldwin, Wimberly, Mayor Walters, and Director Young - total 4; Noes - Director Hollingsworth - total 1; Abstaining - Director Keith —total 1; Absent - Director ' Bussey - total 1. It was announced that the Ordinance had passed. At this time, Zoning Petition No. Z- 2720 -A and a related Ordinance were scheduled for presentation. The Petition contained a request to rezone the 9700 Block of.Rodney Parham Road from "A" One - family District to "F" Commercial and "MF 24" Multi- family Districts, and had received the approval of the r/ I I DECEMBER 17, 1974, Cont'd. Planning Commission._ However, City Manager Carleton E. McMullin announced that he had received a request from the Petitioner's attorney to defer this matter until a later date. A motion to comply with this request.was`made-by Director Baldwin, seconded by Director Keith, adopted by unanimous vote of the members of the Board of Directors present, and the matter was,accordingly deferred until a later. date.. .The next presentation was that of a, proposal by the. Board, of Directors -of..the- .City*of. Little Rock, Arkansas to vacate -, abandon and close the portion. of an. alley, abutting Lots 1, 2,3, 4, 5, -_8, 9, 10, 11 and 12 of- .Block 22 of Jones and Worthen Addition to the'City of Little Rock, Arkansas, as-recommend( by the Planning Commission.- As a Public Hearing had,been designated for this time and place by Resolution No 5,286, notice of which had been duly published on November 25, 1974 and December 2, 1974, Mayor Walters declared the.hearing,to be open. There was no one .present in opposition., to the proposed alley closure and, therefore, the hearing was declared closed and a, proposed Ordinance was placed,on first, reading': ,(See Ordinance No;. 12 992, below), Ordinance No..12;992 was.introduced, and entitled: ORDINANCE OF_THE BOARD -OF DIRECTORS OF. THE CITY- OF LITTLE. ROCK;_ ARKANSAS,; VACATING AND CLOSING there-was-an-ensuing motion from Director Wimberly,- _seconded•by- Dire ctor.Baldwin, to.again suspend the rules and place the Ordinance -on third and final reading.. The motion was unanimously adopted by membe of the Board of Directors.present; being six in number and two-thirds or.,more.of.,the members of the Board of Directors - elect; and the Ordinance:was.read the -third and last time;-, The resulting Aye and No Vote taken on the passage of the.Ordinance is recorded herein as,follows: Ayes.- Directors Keith, Baldwin, Wimberly, Mayor, Walters, Directors Hollingsworth and,:Young - total 6;_ Noes - None; _.Absent - Director Bussey - .total -1.. There was an announcement that the Ordinance had been passed... V D111 THE REMAINDER-OF THE,ALLEY•IN BLOCK 22, JONES AND WORTHEN ADDITION TO THE::OITY OF LITTLE ROCK,,, ARKANSAS;, AND FOR OTHER PURPOSES; and there was a first reading of said Ordinance. The rules. were then suspended._and..the Ordinance place on second reading by motion -of _Director Wimberly, seconded by.Director Baldwin, and by unanimous.vote of the members of the Board of. Directors- present,.,.being six,_in number and two- thirds or more -.of the.. members of the Board,of Directors - elect„ - The-Ordinance was then read the second time,. and followed by a subsequent motion from Director Wimberly,; -again seconded by Director. - Baldwin, to- further suspend the rules in order that.the Ordinance might -be read-the third and'final time. The motion was unanimous adopted by members of the _Board of Directors present, being-six _in.number-, and , two- thirds.or.more of. the members of the ,Board of Directors- elect; and there was a third and,last, reading of the Ordinance. An Aye and No Vote ensued at this time on the question, Shall-the Ordinance,Pass, which resulted -as herein described: Ayes - Directors Keith, Baldwin, Wimberly,. Mayor Walters, ,Directors Hollingsworth and _ Young - total '`6;• Noes - None;,,Absent - ;Director Bussey-- ..total 1,, The.Ordinance was.declared passed. In accordance with a request from the Arkansas Public Building Authority through Assistant Attorne; General Kirby Smith, III, and by application of -the powers vested. # the City of Little Rock by Arkansas Statutes (1947) 19 -2304 and 19 -3029, the - following Ordinance, No., 12,993 was presented, and entitled: AN ORDINANCE VACATING,.ABANDONING, "AND -CLOSING ALL THAT PART.OF,.WOLFE.STREET., BATTERY.STREET, SUMMI' STREET, SCHILLER STREET;; PARK_AVENUE, DENNISON STREET AND RICE ;STREET NORTH OF WEST SEVENTH STREET -AND _SOUTH OF THE MISSOURI,PACIFIC RAILROAD RIGHT -OF -WAY AND.ALL.THAT PART OF WEST,FOURTH STREET,, WEST. CAPITOL AVENUE AND_WEST..SIXTH STREET, WEST OF WOLFE.STREET AND SOUTH.AND ":EAST OF -THE MISSOURI PACIFIC , RAILROAD RIGHT-OF-WAY;, and there was a first,- reading of--the. Ordinance.- There was„a motion by,Director Keith, seconded by Director Hollingsworth, to suspend the rules-and place the Ordinance on second reading; which.motion was.adopted by unanimous vote,of the - members of the Board of '•Directora.present,.being,,six in number and two- thirds.or more of the members of the Board of Directors - elect.. Upon second reading of:.the.Ordinance there-was-an-ensuing motion from Director Wimberly,- _seconded•by- Dire ctor.Baldwin, to.again suspend the rules and place the Ordinance -on third and final reading.. The motion was unanimously adopted by membe of the Board of Directors.present; being six in number and two-thirds or.,more.of.,the members of the Board of Directors - elect; and the Ordinance:was.read the -third and last time;-, The resulting Aye and No Vote taken on the passage of the.Ordinance is recorded herein as,follows: Ayes.- Directors Keith, Baldwin, Wimberly, Mayor, Walters, Directors Hollingsworth and,:Young - total 6;_ Noes - None; _.Absent - Director Bussey - .total -1.. There was an announcement that the Ordinance had been passed... V D111 22 DECEMBER 17, 1974, Cont'd. Presented at this time was a Petition by Leslie Charles Gachot,-President of Markhamwood, Inc., requesting the vacating and closing of that portion of Battery Street lying East - .of.and adjacent to Lots 9 through 13, inclusive, of Block-3, Union Depot Addition to the City of..Little Rock, Arkansas. The following documents accompanied the Petition: A letter from,Beach- Abstract and Guaranty Company certifying to the last owners of record of the abutting property;:and a- certified copy of the.Plat of the Union Depot Addition as recorded in -the Office of.the Circuit Clerk-and-Ex-officio Recorder in-Plat Record Book No. 1, at Page No. 7. This Petition had received the approval of the.Planning.Commission. (See Resolution No. 5,301, as follows, which sets the.date for a Public Hearing on-January 7, 197 -5) Presented at this time was-Resolution No.. 5,301, entitled: RESOLUTION OF THE BOARD OF DIRECTORS -OF THE CITY OF LITTLE ROCK, - ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF BATTERY STREET; with there being a full reading of the Resolution, which was thereafter adopted upon motion of Director Baldwin, seconded by Director Wimberly,- and by the following roll call vote: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Hollingsworth and Young.- total 6; Noes - None; Absent - Director Bussey - total 1. There was presented at this time a Petition from the National Old Line Insurance Company to .vacate and close an alley in Block 344 of Beach's Addition to -the City of .Little Rock, Arkansas, which Petition had received the approval of the Planning Commission. Included with the Petition was a letter from the Beach Abstract and Guaranty Company certifying -to the abutting property - .owners; and also a certified copy of the Plat of Beach's Subdivision as recorded in the Office of the-Circuit Clerk in Deed Record Book No. 4, at Page No. 586. (Approved for Public Hearing on January 7, 1975 by the following, Resolution) Resolution No.-5;302 was presented, -and contained the.following title: RESOLUTION OF THE- BOARD-OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE..OF HEARING ON THE PETITION TO.VACATE AN -ALLEY IN BLOCK -N0: 344 OF BEACH'S SUBDIVISION, AN ADDITION TO THE CITY OF LITTLE ROCK,.ARKANSAS; which Resolution was then read in its entirety. - There was a motion from.Director- Baldwin, seconded by Director Hollingsworth, which resulted in a roll call vote adopting the Resolution.as follows: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors - Hollingsworth and Young - -total 6; -Noes - None; Absent - Director Bussey - total 1. The next presentation was the Petition of Attorney W. P, Hamilton on behalf of his clients, The Exxon Corporation and Gulf Oil Company, U. S., requesting the vacating and.closing of a portion of-East 25th Street located between Blocks 36 and 42 of Bragg's Second Addition to the City of- Little Rock, Arkansas. Documents which accompanied the Petition are described as follows: A copy of a Plat of Bragg's Second Addition as recorded in the Office of the Circuit Clerk•in Plat Book No. 2 at Page 44;-a a boundary and topographic survey of Tots 1 and 2, and part of Lots 3, 4, 13 and 14 of Block-42 of Bragg's Second Addition. (See Resolution No. 5,303 setting the date of Public Hearing for January 7, 1975, ;,below) There was - presented Resolution-No. 5,303, described as: RESOLUTION OF THE BOARD OF DIRECTORS OF THE -CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF A HEARING ON THE PETITION TO VACATE A PORTION OF EAST-.25TH STREET.IN BRAGG'S SECOND ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and after a full reading of the Resolution, it was adopted upon motion of'Director.Wimberly,.seconded by Director Keith, and by the following -roll call vote: Ayes - Directors Keith, Baldwin, Wimberly., Mayor Walters, Directors Hollingsworth and Young - total 6; Noes - None; Alisent — Director Bussey - total 1. V/ 1 of the Ordinance, upon- motion.:of Director Hollingsworth, seconded by Director Baldwin,-and by unanimous vote.'of the members of.the Board.of Directors present, being six in number . and.:two - thirds or more of the members of the Board of Directors- elect. There.was a second reading of the Ordihance; after which an ensuing motion was,made by Director Hollingsworth, seconded by. Director,,; Baldwin ;:for'a.further,suspensio of the rules to provide for the third and final reading of the Ordinance at this t "ime. "The motion was adopted by unanimous vote of the members of the'Board.of Directors present, being six in number and two- thirds-or more of the members of the Board of Directors - elect; whereupon . there was a third and last reading of the Ordinance. The question of the passage of the Ordinance was then submitted to,an Aye and No Vote; resulting as - follows: Ayes:- Directors Keith, Baldwin ,�Wimberly,•�Mayor.Walters, Directors Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total..l. The.Ordinance was declared passed The next presentation was.:that of a Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of "October; 1974; and.upon.motion from Director Baldwin ;.seconded.,; by Director Wimberly; and upon unanimous vote of the.members of the Board of'Directors - present ,.said Statement of Income Account was.received and filed.. Resolution No. 5,304 was presented at this time, with the.title being: A RESOLUTION AUTHORIZING THE USE OF CERTAIN MODEL CITIES FUNDS TO GUARANTEE A LOAN TO A GROCERY - BUSINESS IN THE MODEL CITIES SHOPPING.CENTER; AMENDING.RESOLUTION NO. 5,263;-.AND FOR OTHER PURPOSES; with the:Resolution being read in full, and.then submitted to a'roll call.vote which adopted the .- Resolution, upon motion of Director Hollingsworth, seconded by Director Wimberly; and-the vote is herein recorded as follows: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters; Directors Hollingsworth and Young - total -6;. Noes-- None; Absent.- Director Bussey - total 1. , Presentation of Resolution No. 5,305 was made, with the description being: . _.A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF ONE HYDRAULIC GANG MOWER;.AUTHORIZING PAYMENT; ' AND FOR OTHER PURPOSES; - - (Contract to T.& C Equipment�Company at --a contract price of $9,995) which Resolution was read in its-entirety.-There was a motion at this-time by Director Kei"th,- seconded by Director Hollingsworth, resulting in:a roll'cail vote which adopted -the ,Resolution as herein descril Ayes - Directors Keith, Baldwin,.Wimberly, Mayor Walters, Directors 'Hollingsworth' <and Youngs total.67;- Noes - None;. Absent.- Director Bussey - total 1. The next item presented.was.Resolution No. 5;306, entitled: A RESOLUTION AWARDING CONTRACTS FOR_SITE'IMPROVEMENTS AT THE:SOUTH:LITTLE ROCK RECREATION CENTER; REPROGRAMMING MODEL CITIES FUNDS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; and after, a complete reading of the Resolution, there was a motion'by.Director.Young, seconded by Director.Hollingsworth; for-adoption-of the-Resolution. A roll call was taken.and the Resolution was adopted -.by the following:bote: -Ayes -...Directors Keith, Baldwin,_Wimberly, Mayor.Walters', Directors Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - .total l..- ' Ordinance No., 12,995 was presented at -.this time, with _ the. title -being:. . AN ORDINANCE APPROPRIATING 50% :OF THE .FUNDS, RECEIVED FROM ACT 9 INDUSTRIES TO CERTAIN TAXING ENTITI-E& DURING THE YEAR 1974; AND FOR OTHER PURPOSES;- 23 DECEMBER 17, 1974, Cont'd. Then presented -was Ordinance No. 12,994, entitled: - AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION- .TO'THE CITY,OF.LITTLE.ROCK,,,ARKANSAS, OF . ' CERTAIN -LANDS LOCATED IN SECTION'21, TOWNSHIP 2 NORTH, RANGE 13 WEST IN- PULASKI COUNTY, ARKANSAS; (Court Order dated October 23, 1974 - Montessori Property) which Ordinance was read the first time. The rules were- then .suspended , to- allow..for.the second reading of the Ordinance, upon- motion.:of Director Hollingsworth, seconded by Director Baldwin,-and by unanimous vote.'of the members of.the Board.of Directors present, being six in number . and.:two - thirds or more of the members of the Board of Directors- elect. There.was a second reading of the Ordihance; after which an ensuing motion was,made by Director Hollingsworth, seconded by. Director,,; Baldwin ;:for'a.further,suspensio of the rules to provide for the third and final reading of the Ordinance at this t "ime. "The motion was adopted by unanimous vote of the members of the'Board.of Directors present, being six in number and two- thirds-or more of the members of the Board of Directors - elect; whereupon . there was a third and last reading of the Ordinance. The question of the passage of the Ordinance was then submitted to,an Aye and No Vote; resulting as - follows: Ayes:- Directors Keith, Baldwin ,�Wimberly,•�Mayor.Walters, Directors Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total..l. The.Ordinance was declared passed The next presentation was.:that of a Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of "October; 1974; and.upon.motion from Director Baldwin ;.seconded.,; by Director Wimberly; and upon unanimous vote of the.members of the Board of'Directors - present ,.said Statement of Income Account was.received and filed.. Resolution No. 5,304 was presented at this time, with the.title being: A RESOLUTION AUTHORIZING THE USE OF CERTAIN MODEL CITIES FUNDS TO GUARANTEE A LOAN TO A GROCERY - BUSINESS IN THE MODEL CITIES SHOPPING.CENTER; AMENDING.RESOLUTION NO. 5,263;-.AND FOR OTHER PURPOSES; with the:Resolution being read in full, and.then submitted to a'roll call.vote which adopted the .- Resolution, upon motion of Director Hollingsworth, seconded by Director Wimberly; and-the vote is herein recorded as follows: Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters; Directors Hollingsworth and Young - total -6;. Noes-- None; Absent.- Director Bussey - total 1. , Presentation of Resolution No. 5,305 was made, with the description being: . _.A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF ONE HYDRAULIC GANG MOWER;.AUTHORIZING PAYMENT; ' AND FOR OTHER PURPOSES; - - (Contract to T.& C Equipment�Company at --a contract price of $9,995) which Resolution was read in its-entirety.-There was a motion at this-time by Director Kei"th,- seconded by Director Hollingsworth, resulting in:a roll'cail vote which adopted -the ,Resolution as herein descril Ayes - Directors Keith, Baldwin,.Wimberly, Mayor Walters, Directors 'Hollingsworth' <and Youngs total.67;- Noes - None;. Absent.- Director Bussey - total 1. The next item presented.was.Resolution No. 5;306, entitled: A RESOLUTION AWARDING CONTRACTS FOR_SITE'IMPROVEMENTS AT THE:SOUTH:LITTLE ROCK RECREATION CENTER; REPROGRAMMING MODEL CITIES FUNDS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; and after, a complete reading of the Resolution, there was a motion'by.Director.Young, seconded by Director.Hollingsworth; for-adoption-of the-Resolution. A roll call was taken.and the Resolution was adopted -.by the following:bote: -Ayes -...Directors Keith, Baldwin,_Wimberly, Mayor.Walters', Directors Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - .total l..- ' Ordinance No., 12,995 was presented at -.this time, with _ the. title -being:. . AN ORDINANCE APPROPRIATING 50% :OF THE .FUNDS, RECEIVED FROM ACT 9 INDUSTRIES TO CERTAIN TAXING ENTITI-E& DURING THE YEAR 1974; AND FOR OTHER PURPOSES;- 23 24 DECEMBER 17, 1974, Cont'd. which Ordinance was then read the first time. A motion was made by Director-Keith,.seconded by Director Wimberly, to suspend the rules and place the Ordinance on second reading. The - motion was unanimously adopted by members of the Board-of Directors present, being six in number and two = thirds or more.of` the members of the Board of Directors - elect; and there was a second reading of the Ordinance. The rules were again suspended to allow for the third and final reading of the Ordinance, upon motion of.Director Keith, which was seconded by Director Young and unanimously adopted'by-.members of the-Board of Directors present, being six in number and two - thirds or more of the members of the Board of-Directors- elect.. The third and last reading of the Ordinance followed; °after which there was an Aye and No Vote taken on the passage of the Ordinance which resulted'as herein described: Ayes - .Directors Keith; Baidwin,'Wimberly, Mayor Walters, Directors Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. it was declared that the Ordinance had passed. Included on the Official Agenda was an appeal from Mr: Sam Harris, of 4801 Lafayette .Street, of an administrative decision- to remove parking from Lafayette Street. As Mr. Harris could not be in attend- ance, Mr. Charles Hicks, of 4902_Lafayette,Z:spoke in his behalf and urged the Board to rescind the decision. He stated that all the residents of this one -block street had signed a Petition which was submitted to the Traffic Division requesting that parking be allowed to remain on this street; and he contended that this would create no undue hardship on'the residents. It was expl.ained.by Director Wimberly that this decision resulted when a fire truck, responding to a call, experienced considerable difficulty arriving at its destination because Lafayette_ Street was nearly impassible. The source of the problem was attributed by Director Wimberly to the removal of parking from an adjacent street, Monroe Street, thereby shifting much of the Monroe Street parking to Lafayette Street. It was suggested by Director Wimberly that the problem could be-alleviated-by the removal of a utility pole situated almost in the center of an alley type extension of Lafayette Street, which would thereby create a new traffic outlet. At this time, City Manager Carleton E. McMullin recommended that the City abide by the wishes of the residents, and continue to allow parking on Lafayette Street. In accordance with the City Manager's recommendation, a motion to this effect was made by Director Baldwin, and seconded by Director Keith. The resulting roll call vote adopted the motion as follows:- Ayes - Directors Keith, Baldwin, Wimberly, Mayor Walters, Directors Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. Presented for consideration at this time was.Ordinance No. 12,996, described as: AN ORDINANCE WAIVING THE PROVISIONS OF THE MASTER STREET PLAN AS TO A CERTAIN.AREA NEAR THE 12TH STREET -FAIR PARK INTERSECTION; AUTHORIZING ISSUANCE OF A BUILDING PERMIT; AND FOR OTHER PURPOSES; (Lot A and the North 23 feet of Lot B, Oak Forest Addition) with there being a first reading of the Ordinance. Director Baldwin then made a motion, seconded by Director Wimberly, to suspend the rules and place the Ordinance on second reading; which motion received unanimous adoption by members of the Board of Directors present, being six in number and.two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time; after which a subsequent motion again suspended the rules to allow for the third and final reading of the Ordinance. The motion was made by Director Wimberly, seconded by Director Baldwin, and unanimously adopted by members of the Board of Directors present., being six in number and two - thirds or more of the members of the Board of Directors - elect; and the third and.last reading of the Ordinance followed. An Aye and No Vote was then taken on the passage of the Ordinance, with the - resulting vote being: Ayes - Directors Baldwin, Wimberly, Mayor Walters, Directors'Hollingsworth and Young - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. It was announced that the Ordinance had been passed. Resolution No. 5,307 was presented, with the title being: A RESOLUTION AUTHORIZING MODIFICATION OF THE COMPREHENSIVE MANPOWER (CETA) PLAN; AND FOR OTHER PURPOSES; n 125, DECEMBER 17, 1974, Cont'd. and the Resolution was read in full,,and thereafter adopted upon'motion%of Director-.Baldwin, seconded by Director Wimberly,,a-nd a roll call vote which is recorded as-follows:.- Ayes - Directors Keith, Baldwin; Wimberly, Mayor Walters, Directors Hollingsworth and-Young.- total 6; Noes - None; Absent - Director Bussey - total 1. Presented next was Resolution -No. 5,308, described as: A RESOLUTION AUTHORIZING THE CITY..MANAGER TO.IMPLEMENT A PAY PLAN-WITH RESULTING- INCREASES FOR THOSE CITY EMPLOYEES UNDER THE "POINTRAN" PAY,PLAN; AND- FOR -OTHER PURPOSES;. with there beu g a complete reading of said Resolution. A motion was made by Director Wimberly, seconded by Director Keith, that the Resolution be,adop,ted. A roll -.call was then.taken which adopted the Resolution by the following vote: Ayes - Directors Keith, Baldwin,- Wimberly, -Mayor Walters, Directors Hollingsworth and Young - total 6;. Noes - None; Absent - Director.Bussey - total 1. Presentation of Resolution No. 5,309 was,the last_item from the official.-Agenda,, and the Resolution is described as follows: A RESOLUTION MAKING APPOINTMENTS TO THE BOARD OF TRUSTEES OF THE MUSEUM OF SCIENCE AND NATURAL HISTORY; ' and said Resolution was read in-full.: Director Baldwin made,a motion that the- Resolution be adopted, which motion was seconded by Director Wimberly, with the vote-being recorded as-follows: Ayes. - Directors.Keith,'Baldwin, Wimberly, Mayor_Walters, Directors Hollingsworth and Young - total 6; Noes -,None; Absent - Director Bussey - total 1. At this point in the meeting where time is allotted for Citizens.'. Communications, Ms. Geraldine Garrett read a statement from The Arkansas Community Organization for Reform Now (ACORN). The state- ment urged that ACORN representatives be included on committees involved in the formulation and revision of Little Rock's upcoming application for Community Development Act Funds, and included the names of six members for consideration. In response_to this.request, Director Baldwin alluded to ACORN's unwillingness to reveal it's source.of income, the possible out- of- state.funding of this organization; and contended that since ACORN wished to have a voice concerning the allocation of City funds, the City should have a right to - -know various facts about the finances of this organization. He then made a motion that ACORN be requested by the Board of Directors "to-give a public accounting of its officers, its financial standing, and where its money comes from." The motion was seconded by ' Director.Wimberly. Mrs. Billie Jo Humphrey of 5510 West 15th Street, took issue with the motion stat- ing that many other organizations, namely-churches and charitable organizations, received out -of -state funds; and she contended that ACORN's status as ,.a private organization would warrant its acceptance and use of out -of -state funds. Director Baldwin's motion was then submitted.to a roll call vote, resulting as follows: Ayes.- Directors Keith, Baldwin and Wimberly - total 3; Noes - Mayor Walters, - Directors Hollingsworth and Young, - total 3; Absent - Director Bussey.- total 1. It was announced that the motion had failed. As there was no further business to be.presented or to come before the Board of Directors at this time, there was a motion by Director Baldwin, seconded by Director Keith, that the meeting be - recessed. The motion was unanimously adopted by members of the Board of:Directors, and the meeting was recessed at 8:20 o'clock P. M.., to meet again in reconvened session on Monday, December 30, 1974, for the purpose of adopting the 1975 Budget for the,City -of Little Rock, Arkansas ATTEST: %M w APPROVED: 6VA _ City Clerk Mayor I I IF P-01 Board of Directors Chamber Little Rock, Arkansas ' December 30, 1974 - 3:00.P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session with Mayor Walters presiding and Jane Czech, City Clerk, and the following Directors present: Directors Baldwin, Wimberly, Bussey, Hollingsworth and Young - total 5; Absent - Director Keith - total 1. A quorum was declared to be present, and the meeting then proceeded as herein described: The first presentation was Ordinance No. 12,997, entitled: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1975 AND ENDING DECEMBER 31, 1975, APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. A discussion was then initiated by Director Wimberly concerning a budget provision of $25,000 for enforcement of the sign- control ordinance. Director Wimberly maintained that a majority of the citizens were opposed to the Ordinance and that funds to implement it should be withheld because the legality of the Ordinance was likely to be challenged. ' Director Wimberly further stated that "the City cannot afford that kind of money for any'such nonsense ordinance ", and subsequently made a motion that this $25,000 be deleted from the 1975 budget. As a further argument for deleting this provision, Director Wimberly contended that the City's budget was inadequate in providing for the needs of the Police and Fire Departments. Also speaking in opposition to funding the implementation of the sign ordinance was.Director Bussey, who stated "this money could better be served somewhere else" and cited the inadequacy of the sanitation workers' salaries as an item which should receive priority over the sign ordinance. At this time, Director Wimberly's motion to delete this $25,000 from the budget was seconded by Director Baldwin and submitted to a roll call vote by which the motion was defeated as herein recorded: Ayes - Directors Baldwin, Wimberly and Bussey - total 3; Noes - Mayor Walters, Directors Hollingsworth and Young - total 3; Absent - Director Keith - total 1. A motion then followed from Director Bussey, seconded by Director Young, to suspend the rules and place the Ordinance on second reading; which motion was adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of ' the Board of Directors present. There was a second reading of the Ordinance and an ensuing motion by Director Wimberly, seconded by Director Baldwin, for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was thereafter adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of.the Board of Directors - elect. The Ordinance was then read the third and last time, resulting in an Aye and No Vote being taken on the passage of the Ordinance, which is described as follows: Ayes Directors Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Keith - total 1. It was announced that the 1975 Budget Ordinance of the City of Little Rock, Arkansas in the amount of $16,773,314.00 had been passed. The next presentation was Ordinance No. 12,998, described as: AN ORDINANCE LEVYING A PRIVILEGE TAX UPON THE LITTLE ROCK MUNICIPAL WATER WORKS, AUTHORIZING ON SAID TAX TO RESIDENT WATER CONSUMERS AND DECLARING AN EMERGENCY; (Privilege Tax levied - $144,000) with there being a first reading of the Ordinance, followed by a motion from Director Young, seconded by Director Hollingsworth, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and resulted in a second reading of the Ordinance. 1111111 There was a subsequent motion at this time by Director Wimberly, seconded by Director Young, to again 1111111 2'7 DECEMBER 30, 1974, Cont'd. suspend the rules to allow for the -third:and,final reading of the Ordinance;. which motion was unanimously adopted by members of.the Board of Directors present, being six in number and two- thirds or more of the ''. members of the Board of Directors - elect, Upon third and last reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which is herein recorded as.follows: Ayes - Directors Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 6; Noes - None, Absent - Director Keith —total 1.. The Emergency clause contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and.Young - total 6; Noes - None; Absent - ;Director Keith' - .total 1. The Ordinance, together with the Emergency Section was declared passed. Ordinance No. 12,999 was presented, with the title being: AN ORDINANCE AMENDING IN PART SECTIONS 1 AND,2 OF ORDINANCE NO. 11,366-TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE TAX TO BE PAID BY ARKANSAS- LOUISIANA GAS COMPANY FOR THE YEAR 1975; PROVIDING FOR THE PAYMENT.THEREOF; DECLARING AN'EMERGENCY; AND FOR OTHER PURPOSES; (Privilege Tax levied - $313,200), ' and after the first reading of the Ordinance, there was a motion by Director Bussey to suspend the rules and place the Ordinance on second reading. The motion was seconded by Director Young and adopted by unanimous vote of the members of the Board, of Directors present, being six•in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read a second time; after which there was a motion by Director Bussey, seconded by Director Young, to again suspend-the rules and place the Ordinance on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors elect; whereupon the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the question, Shall the Ordinance Pass, which resulted as follows: Ayes - Directors. Baldwin, Wimberly, Mayor Walters, Directors Bussey,,Hollingsworth and Young - total 6; Noes - None; Absent - Director Keith - total 1. The Emergency provision contained in Section 5 of the preceding Ordinance was read and adopted by the following roll call vote: Ayes - Directors Baldwin, Wimberly, Mayor.Walters, Directors Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Keith - total 1. The Ordinance,, ' I together, with the Emergency section, was then declared passed. At this time, Ordinance No. 13,000 was presented, with the title being: AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES, CHARGES AND SPECIAL ,TAXES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF; AND FOR OTHER PURPOSES; (Privilege tax levied - $1,307,000) with said Ordinance being read the first time. There was a motion which followed from Director Young to i suspend the rules and place the Ordinance on second reading; with the motion being seconded.by Director Hollingsworth and adopted by unanimous vote of_the members of the Board of Directors present, being six in number and two - thirds or more of the members of the.Board of Directors- elect. There was a second reading of the Ordinance and an.ensuing motion which again suspended the rules and placed the Ordinance on third and final reading; which motion was made by Director Young, seconded by Director Hollingsworth, and unanimously adopted by members of the Board of Directors present being six in number and two - thirds ' or more of the members of the Board of Directors - elect. The resulting third and last reading of the Ordinance was followed by an Aye and No Vote on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and . Young - total 6; Noes - None; Absent - Director Keith - total 1. r DECEMBER 30, 1974, Cont'd. There was a reading of the Emergency clause contained in Section-4 of the aforementioned Ordinance, and said Emergency clause was thereafter adopted by the following roll call vote: Ayes - Directors Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 6; Noes - None; ' Absent - Director Keith - total 1. It was then announced that the Ordinance and Emergency section had been passed. The next presentation was that of Ordinance No. 13,001, entitled:' AN ORDINANCE AMENDING IN PART SECTIONS 2 AND 3 OF ORDINANCE NO. 11,345 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE TAXES TO'BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1975 PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Privilege Tax levied - $476,664) and there was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on second reading, by motion of Director Wimberly, seconded by Director Baldwin, and by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; after which the rules were again suspended to provide for the third and final reading of the Ordinance, by motion of Director Wimberly, seconded by Director Bussey, and by unanimous vote of the.members of the-Board'of ' Directors present, being six in number and two - thirds or more of the members of the.Board of Directors - elect. There was a third and last reading of the Ordinance, and an ensuing Aye and No Vote taken on the passage of the Ordinance resulted as follows: Ayes - Directors Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Keith - total 1. The Emergency provision contained within Section 5 of the foregoing Ordinance was read and adopted at this time by a roll call vote described as follows: Ayes - Directors Baldwin, Wimberly, Mayor Directors Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Keith - total 1. The Ordinance, together with the Emergency provision, was then declared passed. Resolution No. 5,310 was introduced, and described as: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF VARIOUS SUPPLIES FOR THE TRAFFIC DEPARTMENT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Baldwin, seconded by Director Wimberly, that the Resolution be adopted. A subsequent roll call vote adopted the Resolution as herein described: Ayes - Directors Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth ' and Young - total 6; Noes - None; Absent - Director Keith - total 1. At this time, an item not included on the Official Agenda was discussed by City Manager Carleton E. McMullin, which pertained to the "Emergency Jobs and Unemployment Assistance Act of 1975" recently passed by the United States Congress. Mr. McMullin explained the urgency of immediately submitting an application for funds under this Act, which is to provide for jobs of a temporary nature during the nation's current period of high unemployment, as there is a deadline of January 3, 1975 for submitting the initial application. Mr. McMullin further explained that a total program consisting of 70 to 80 participants was anticipated throughout the Central Arkansas area. A motion was then made by Director Wimberly, seconded by Director Young, that the City Manager be authorized by the Board of Directors to submit an initial application for funds under the provisions of this Act within the time limit specified. The resulting roll call vote adopted the motion as follows: Ayes - Directors Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Keith - total 1. There was presented a Resolution No. 5,311, entitled: ' A RESOLUTION ESTABLISHING AND APPOINTING AN AD HOC CITIZENS PARTICIPATION WORKING REVIEW COMMITTEE; AND FOR OTHER PURPOSES; with the Resolution being read in full and thereafter adopted upon motion of Director Young, seconded and a resulting roll call vote described as follows: Ayes - Directors I I DECEMBER 30, 1974, Cont'd. Baldwin, Wimberly, Mayor Walters, Directors Bussey, Hollingsworth and -Young - total 6; Noes - None; Absent Director Keith - total 1. ` The next item presented'for consideration was Resolution No. 5,312; described as: A RESOLUTION OF COMMENDATION; (to Director Warren Baldwin, Jr., upon his retirement from the.-Board of Directors of the City of Little Rock, Arkansas) , which Resolution was read in full. There.was a motion from Director Hollingsworth, which was seconded by Director Wimberly, that the Resolution be adopted. An ensuing roll call vote then adopted the Resolution as follows:�rAyes - Director Wimberly,,Mayor Walters, Directors Bussey, Hollingsworth and Young - total 5; Noes - None; Abstaining - Director Baldwin - total 1; Absent - Director Keith - total 1. The final presentation.was Resolution No. 5,313, entitled: A RESOLUTION OF COMMENDATION; (To Mayor William H.'Walters, upon completion of his tenure as Mayor of the City of Little'Rock, Arkansas; and upon-his retirement'as a member of the Board of Directors of the.City of .Little Rock, Arkansas) and said'Resolution was read in its entirety. .There was a motion then made by Director Wimberly,. seconded by Director Baldwin, for adoption of the Resolution. A roll call was.taken and the Resolution was, adopted by the following. vote: Ayes - Directors Baldwin, Wimberly, Bussey, _Hollingsworth and Young - total.5; Noes - None; Abstaining.- Mayor Walters - total 1; - Absent - Director Keith - total There being.no further business to be presented or to come before..this meeting,. and with this being.the last meeting of the Board of Directors prior to January 7, 1975; upon motion of Director Wimberly, seconded by Director Baldwin, and by unanimous vote of the Board members present, the Board of Directors of the City of Little Rock, Arkansas adjourned at 3:30 o'clock P. M. sine die. ATTEST: V441-U., 44a.11- City Clerk APPROVED: Mayor 1G �o Iliilll ►��Ii�► -Board of Directors Chamber Little Rock, Arkansas January 7, 1975 - 7:30 P.,,M. ' The Board of Directors of the City of Little Rock, Arkansas convened under the Statutes of "the State of Arkansas for the purpose of organizing the new Board of Directors and filing the Oaths of Office for the terms of Directors,which begin January 1, 1975; with City Attorney Joseph C. Kemp presiding as temporary Chairman prior to-the election of a Mayor and an Assistant Mayor from the member- ship of the Board of Directors. Also present were Jane Czech, City Clerk, and the following. Directors: Director -elect A. M.- "Sandy" Keith, Position No. One; Director -elect Dalton James "Jim" Dailey, Jr., Position No. Two; Director George E. Wimberly, Position No. Three; Director -elect Dwight E. Linkous, Position No. Four;, Director Charles Bussey, Position No. Five; Director Perlesta A. "Les" Hollings- worth, Position No. Six; and Director Jack Young, Position No. Seven; Absent - None. It was announced that there was a quorum in attendance, and the following is a record of the proceedings: The Invocation was given by Chairman Kemp. I ' The Oaths of Office of the following Directors -elect were then presented by the City Clerk, each having been duly administered on January 1, 1975 by the Honorable Warren E. Wood, Judge of the Circuit Court, Pulaski.County, Arkansas: Director A. M. "Sandy" Keith, Position No. One; Director Dalton James "Jim" Dailey, Jr., Position No. Two; and Director Dwight E. Linkous, Position No. Four. Upon motion by Director Young, seconded by Director Wimberly, and by unanimous vote of the members of the Board of Directors present, said:Oaths`were received and filed. It was stated by the Chairman that the next order of business in the organization of the new Board should be the election of a Mayor from the membership of the Board of Directors; and that motions would be in order at this time to place in nomination the names of nominees to serve for a two -year term as Mayor. Chairman Kemp stated that in the event a Mayor was not elected on the first ballot, a subsequent ballot would be taken on the two nominees who had received the highest number of votes. The first name to be placed in nomination was that of Director George E. Wimberly, by motion of Director Linkous, seconded by Director Dailey. Director A. M. "Sandy" Keith then placed his own name ` in nomination, which nomination was seconded by Director Wimberly. The final nomination was made by ' Director Charles Bussey, who also placed his own name in nomination and was seconded by Director Wimberly. There being no further nomination presented, upon motion of Director Keith, which was seconded by Director Wimberly and unanimously approved by the Board members, it was declared by the Chairman that nominations were closed. At this time, it was announced that those names placed in nomination would be submitted to a roll call vote in the order of their nomination. The name of the first nominee, Director George E. Wimberly, was then considered, and the resulting vote is herein recorded as follows: Ayes - Directors Dailey, Wimberly and Linkous - total 3; Noes - Directors Keith, Bussey, Hollingsworth and Young - total 4; Absent - None. The roll call vote on the second nominee, Director A. M. "Sandy" Keith, is described as follows: Ayes - Directors Keith, Hollingsworth and Young - total 3; Noes - Directors Dailey, Wimberly, Linkous and Bussey - total 4; Absent - None.- The ensuing roll call vote taken on the third and final nominee, Director Charles Bussey, is recorded as follows: Ayes - Director Bussey - total 1; Noes - Directors Keith, Dailey, Wimberly, Linkous, Hollingsworth and Young - total 6; Absent - None. At this time, it was announced by Chairman Kemp ' that the first ballot had failed to elect a Mayor; therefore, a subsequent ballot would be necessary, with the names of Directors Wimberly and Keith to be considered in the same order as originally submitted, each having received three votes. The first nominee, Director George E. Wimberly, was again considered and the roll call vote resulted as follows: Ayes - Directors Dailey, Wimberly, JANUARY 7, 1975, Cont'd. convened and organized. Upon motion of Director,Hollingsworth, seconded by Director-Young,' the new Board of Directors L111 of the City of Little Rock, Arkansas adjourned at 7:55 o'clock P..' °M.; to meet again in regular session immediately following this organizational meeting. ATTEST: City Clerk APPROVED: Mayor fix v Linkous and Bussey - total 4; Noes - .Directors Keith, Hollingsworth and Young - total 3; Absent - None. A subsequent vote -on the second nominee was then suspended, as it was announced by the Chairman ' that the 4 Aye Votes cast for Director- Wimberly had been sufficient to elect a Mayor. It was therefore declared that Director Wimberly had been elected to serve a term of two years as Mayor of the City of Little Rock, Arkansas.. The election of the Assistant.Mayor was then.declared.to be in order and upon motion by Director Keith, seconded by.-Mayor Wimberly, the.name of Director.P.erlesta A.• "Les ". Hollingsworth was placed in nomination. Also placed in nomination was the name of Director.Dalton James "Jim" Dailey, Jr., by motion of Mayor Wimberly, seconded-by Director.Hollingsworth. As, there were no further names offered in nomination, by motion of Director Keith, seconded by Director Young, it was announced that nominatioi were.closed. The name of the first.nominee, Director Hollingsworth , - was'presentedfor consideration, and the resulting roll_call.vote is described as follows:. Ayes.- Directors Keith, Bussey, Hollings- worth and Young - total 4; Noes - Director Linkous, Wimberly and Dailey - total 3; Absent - None. As the four Aye Votes cast for Director Hollingsworth were,,sufficient-for; election, a roll call vote was.not taken on the remaining nominee, and Director Hollingsworth was declared to have been elected. to serve a two year term as Assistant Mayor of the City of- Little Rock, Arkansas. ' This being the first meeting of the Board of Directors since the sine die adjournment of the former Board of Directors on December 30,'1974, it,was declared that the purpose of this organizational meeting had been accomplished and the new-Board of Directors of the City of Little- Rock,had been duly convened and organized. Upon motion of Director,Hollingsworth, seconded by Director-Young,' the new Board of Directors L111 of the City of Little Rock, Arkansas adjourned at 7:55 o'clock P..' °M.; to meet again in regular session immediately following this organizational meeting. ATTEST: City Clerk APPROVED: Mayor fix v 32 Board of Directors Chamber Little Rock, Arkansas January 7, 1975 - 8:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. As there was a quorum present, it was so announced, and the following proceedings occurred: The Invocation was-given by Mayor Wimberly. The reading of the minutes of the previous meeting held on December 17, 1974, and the reconvened meeting of December 30, 1974, was dispensed with and said minutes were approved as written and summarized to the Board of Directors upon motion of Director Hollingsworth, seconded by Director Young, and by unanimous vote of the members of the Board of Directors present. The first item presented from the Official Agenda was the Petition of Leslie Charles Gachot, President of Markhamwood, Inc., requesting the vacating and closing of a portion of Battery Street lying east of and adjacent to Lots 9 through 13, in Block 3 of the Union Depot Addition to the City of Little Rock, Arkansas. As a Public Hearing had been designated for this time and place by Resolution No. 5,301 for the purpose of hearing arguments on the subject, with notice thereof having been duly published on December 20, 1974 and December 27, 1974, the Public Hearing was declared to be open. There was no one present who wished to address to the issue; therefore, the Public Hearing was declared closed and a proposed Ordinance complying with the foregoing Petition was placed on first reading. (See Ordinance No. 13,002 as follows) Presentation was made of Ordinance No. 13,002, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING A PORTION OF BATTERY STREET IN BLOCK 3, UNION DEPOT ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time. The rules were then suspended and the Ordinance was placed on second reading by motion of Director Young, seconded by Director Linkous, and by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; after which the rules were again suspended and the Ordinance placed on third and final reading, by motion of Director Young, seconded by Director Hollingsworth, and by unanimous vote of the members of the Board of Director present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, resulting in an Aye and No Vote being taken on the passage of the Ordinance, which is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was declared passed. Presented next was the Petition of National Old Line Insurance Company to vacate and close an alley in Block 344 of Beach's Subdivision of the City of Little Rock, Arkansas. The Public Hearing set for this time and place by Resolution No. 5,302, notice of which had been duly published on December 20, 1974 and December 27, 1974, was officially declared to be open, and all interested parties were invited to come forward and be heard at this time. As there was no one present who wished to speak on the, issue, the Public Hearing was declared closed, and a proposed Ordinance was placed on first reading. (See Ordinance No. 13,003, below) Ordinance No..13,003 was presented, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN BLOCK 344 OF BEACH'S SUBDIVISION, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; J 33 JANUARY 7, 1975, Cont'd. and said Ordinance was read the first time, followed by,a motion.from Director Bussey that the rules be suspended and the Ordinance be` placed on- second reading. The.motion was seconded by Director Hollings- worth, and unanimously adopted by members of the Board of Directors.present, being seven in number and ' two- thirds or more of the members of the Board of Directors - elect; and resulted in the second reading of the Ordinance. An ensuing motion was made by Director Bussey, again seconded by Director Hollings- worth for a further suspension of the rules and the placing of the Ordinance on third and final reading, which motion received unanimous adoption by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted) as herein described: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollings) worth and Young - total 7; Noes - None; Absent - None. It was announced that the-Ordinance had been passed. There was presented at this time a Petition from the.Exxon Corporation and Gulf oil Company, U. S., requesting the vacating and closing of a portion of East 25th Street between Blocks 36 and 42 of Bragg's Second Addition to the City of Little Rock, Arkansas,-which Petition had been approved by the Planning Commission subject to easement rights. As provided by Resolution No. 5,303 setting this time and place ' for a Public Hearing on this matter, notice of-which had been duly published on December 20, 1974 and December 27, 1974, Mayor Wimberly declared the Public Hearing to be open and invited those who wished to come forward and address to the issue.'. -As there was no one present who wished to express approval or . opposition to the Petition, the Public Hearing was,declared to be "closed, and a related Ordinance was placed on first reading. (See Ordinance No. 13,004, as follows) An Ordinance, No. 13,004, was then presented; with the title being: -• ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS,.VACATING AND CLOSING PART OF EAST 25TH STREET, LITTLE ROCK, ARKANSAS, LOCATED BETWEEN BLOCK 36 AND BLOCK 42 OF BRAGG'S SECOND ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with there being a first reading of the Ordinance. The rules -were then suspended to allow for the second reading of the Ordinance by a motion which was.made by Director Bussey; seconded by Director Keith, and unanimously adopted by members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors- elect.' Upon second.reading of the Ordinance, there was a subsequent motion again made -and seconded by Directors Bussey:and Keith, respectively, to ' suspend the rules and place the'Ordinance on third and final reading. The motion was adopted by i unanimous vote of the members of the Board of Directors present; being seven in-number and two-thirds or more of the members of the Board of Directors- elect, with the.Ordinance then being iead.Por the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is" described as follows:. Ayes. - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous; Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None: The Ordinance was declared passed. Again presented was the Petition of the Southwestern Bell Telephone.Company requesting -the vacating and closing of an unnamed street in Tracts 1 and 2 between 65th Street and Big Oak Lane of the Commonwealth Addition to the City of Little Rock, Arkansas. This Petition had been previously considered and recommended by the Planning'Commission for denial. A Public Hearing was subsequently.held on November 5, 1974 before the Board of Directors, at which time the Petition was:returned'to'the Planning Commission for reconsideration at its January 2, 1975 meeting, at the request of the Petitioner. 'Mr. Dale Krumme, Attorney for the Petitioner, was present and contended that the.closure of this street was urgently needed for expansion purposes by the Southwestern Bell Telephone Company, which was presently blocked on three sides by various establishments. Mr. Don R. Venhaus; Director of the Department of Community Development, then advised that the matter had been reconsidered and the Planning Commission now recommended that the street be closed, as certain'objectors now have adequate access to their pro. and have withdrawn their opposition. A proposed Ordinance prepared in compliance with this Petition was v 34 JANUARY 7, 1975, Cont'd. then placed on first reading. (See Ordinance No. 13,005, as follows) At this time, Ordinance No. 13,005 was presented, containing the following title: ORDINANCE OF THE BOARD OF DIRECTORS.OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ' STREET IN TRACTS 1 AND 2, COMMONWEALTH ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; which Ordinance was read the first time. There was a motion by Director Hollingsworth-at this time to suspend the rules and place the Ordinance on second reading; with the motion being seconded by Director Young and adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; after which there was.a subsequent motion to suspend the rules and place.the Ordinance on third and final reading; with the motion being made'by Director Young, seconded by Director Keith, and unanimously adopted -by members of the Board of Directors present, being seven in number and two -thir or mote of the members of the Board of Directors - elect. After a third and last reading of the Ordinance there was an Aye and No Vote taken on the passage of the Ordinance, which is recorded herein as follows: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. There was an announcement that the Ordinance had passed. A Comparative Statement of Income Account of the Little Rock Municipal Water -Works for the month of November, 1974 was the next presentation; and upon motion by Director Hollingsworth, seconded by ' Director Keith, which was' unanimously adopted by the Board members present, said Statement of Income Account was received and filed Next presented was the Audit Report of the Oakland Cemetery for the fiscal year ending October 31, 1974, which report was subsequently received and filed upon motion of Director Hollingsworth, seconded by Director Keith, and by,.unanimous vote of the members of the Board of Directors present. Then presented was Resolution No. 5,314, entitled: A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF FOUR ADM -2 COMPUTER TERMINALS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Contract awarded to Lear Liegler, Inc. at a bid price of $11,429_.40) and after a full reading of the Resolution, there yw s a motion by Director Young that the Resolution be adopted.. The motion was seconded by Director Hollingsworth and resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Resolution No. 5,315 was presented at this time, containing the following title; A RESOLUTION GRANTING A FRANCHISE TO WINBURN TILE COMPANY TO PLACE A TRANSPORT PIPE UNDER A PORTION OF FAIRPOINT STREET IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion by Director Young, seconded by Director Hollings- worth, led to a roll call vote which adopted the Resolution as herein described: Ayes - Directors Keith Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Presentation was then made of Resolution No. 5,316, described as: A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED GRANTED BY E. L. FAUSETT AND LUCILE M. FAUSETT TO CERTAIN REAL PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Property located in Meadowlark Subdivision) and there was a complete reading of the Resolution; after which there was a motion from Director Keith, seconded by Director Dailey, which resulted in adoption of the Resolution by the following roll call vote: Ayes,- Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and ' Young - total 7; Noes - None; Absent - None. JANUARY 7, 1975, Cont'd. There was presented Resolution No:- 5;317, entitled:" A RESOLUTION'AUTHORIZING THE CITY MANAGER TO SIGN VOLUNTARY ANNEXATION PETITIONS ON.BEHALF OF THE CITY OF LITTLE ROCK IN ORDER TO'INCLUDE MUNICIPAL PROPERTIES IN THE - PETITION DRIVE; AND FOR OTHER PURPOSES; (Also encouraging any governmental entities to join involuntary annexation) - with'the Resolution being read'in full, and thereafter adopted by motion of Director.Keith, s'econded'- by Director Dailey, and by the following roll call vote:. Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Bussey; Hollingsworth'and Young - _total,7; Noes - None; 'Absent - None. The next subject to be considered by the Board of Directors was the development of the Fourche. Creek Basin for the, purpose of alleviating major drainage problems within the .City. - . Rep orting for the City's Staff, Community Development Director Don R. Venhaus stated that six'proposed. plans had been formulated by the United States-Corps of Engineers but after much discussion, it was recommended that I the Board defer this'ma'tter' 'until the next regular meeting -in order to explore costs and various other aspects of these plans. Mr. Venhaus contended that inasmuch as millions of dollars would be involved in this project, efforts should be made to insure that this money is well spent. It was therefore agreed by members of the Board that this matter should be deferred until January 21, 1975'when these ' development plans would be-more complete. The final item from the Official-Agenda was then presented, -being Resolution No. 5,318, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE.CITY BEAUTIFUL COMMISSION; with the Resolution being read in full. There was a motion at this time by Director Young,-,seconded by Director Bussey, which resulted in adoption of the Resolution by the following roll 'call vote: Ayes - Directors Keith, Dailey, Mayor'Wimberly, Directors Linkous; Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Official Agenda having been completed, Mayor Wimberly at this time introduced the two new members of the Board of Directors, Directors Jim Dailey and Dwight Linkous; and expressed the Board's appreciation for their past efforts and interest in City affairs.- ` There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Bussey, and by unanimous vote of the-hoard-members present, the Board of Directors adjourned at 8:30 o'clock P. M. to meet again in regular session on Tuesday, January 21, 1975, at 7:30 o'clock P. M. ATTEST: � / APPROVED:I��SG�� City Clerk Mayor IFI 36 Board of Directors Chamber - Little Rock, Arkansas January 21, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session -with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Hollingsworth and Young total 5; Absent - Director Bussey - total 1. It,was announced by Mayor Wimberly that there was a quorum in attendance, and the meeting there- fore, proceeded as herein described: The Invocation was given by Mayor-Wimberly. The reading of the minutes of the organizational meeting and the previous regular meeting was dispensed with and said minutes were approved as written and.summarized.to the Board of Directors by motion of Director Keith, which was seconded by Director Linkous.and unanimously adopted by members of the Board of Directors present The first item presented from the Official Agenda concerned a request to rezone property located. in the 9700 Block of Rodney Parham Road, containing a lengthy legal description, from "A" One- family District to "F" Commercial and "MF 24" Multi- family Districts, as contained in Zoning Petition No. Z- 2720 -A which was submitted by Mr: Danny Thomas through-his attorney, Mr. Perry Whitmore. Approval of this Petition had _been granted by the Planning Commission and, subsequently, a proposed Ordinance was placed on first reading. (See proposed Ordinance as follows) There was presented a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 9700 BLOCK RODNEY PARHAM ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. The discussion evolving from this issue was prefaced by a request from Attorney Perry Whitmore for a sixty -day deferral, with an effort being made in the interim period to explore the possibility of creating an improvement district for the purpose of widen- ing Rodney Parham Road. It was explained by Mr. Whitmore that the predominant objection to the reques rezoning was based on the inability of Rodney Parham Road to accommodate the increased flow of traffic which would ultimately result from further commercial growth; and he added that he was hopeful those persons present out of concern for this matter would become involved in the formulation of such an improvement district. An opposing delegation of approximately 25 persons was represented by Attorney James M. Duckett, who objected to a deferral on the basis that the question of land use for this prop had been pending for a year and a half. He stated that a zoning petition for this property was first presented, and subsequently denied by the Planning Commission, in 1973. The subject was again brought up in 1974 and, after five deferrals, was approved by the Planning Commission and referred to the Board of Directors, he stated. Mr. Duckett insisted that this matter had been pending long enough and request that a time and place be set whereby a public hearing could be held and the matter brought to a final conclusion. At this point in the meeting, following a suggestion by Mayor Wimberly, Mr. Duckett and his clients were excused from the Board of Directors Chamber for_the purpose of holding a discussion and possibly reaching an agreement as to the course of action to follow in dealing with this matter. Upon the group `s return, the discussion resumed with an announcement by Mr. Duckett that his clients were agreeable to a postponement of approximately sixty days. An ensuing motion was made by Director Rolling worth, and seconded by Director Young, that this item be deferred until March 18, 1975. There were no objections to the deferral of this matter, and the motion was therefore adopted by unanimous voice vote. Accordingly, the Ordinance was left on the calendar for second reading on March 18, 1975. I/ I 3'7 JANUARY 212 1975, Cont'd. i Zoning Petition No. Z- 2862 -A was then presented, which Petition was submitted by Attorney Dale Price for B & P Investors; Inc: requesting the rezoning of property located at 6100.Cantrell Road, described ' as Lot l and the east'37.5 ft. of,Lot 2, Normandy Addition to the City of Little Rock, Arkansas, from "A" " " District. As this Petition had received the approval.of the A One- family District to C Two- family Dis Planning Commission, a proposed Ordinance to reclassify this property was placed-.on first reading. (See proposed Ordinance below) Presented at this time was a proposed Ordinance, described as: AN ORDINANCE RECLASSIFYING 6100 CANTRELL ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43•-2 OF THE CODE OF ORDINANCES OF THE CITY OF.LITTLE.ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. Representing a delegation of approximately 50 residents of the area was Attorney Vincent. Foster, Jr..,. who also resides in the subject area at 8 Normandy Road. Mr. Foster stated that the current Petition for "C" Two- family zoning on this property, located at the northwest corner of Cantrell Road and University Avenue, resulted when a previous Petition for Commercial rezoning was denied by the Planning Commission. He noted that other than the principal use, a "C" classification could conceivably include educational, religious or philanthropic organizations such as a day care center, dancing school, barber college, coffee house, etc. Mr. Foster further stated that ' there was no public necessity, no public demand, and to rezone this property as requested would amount to illegal spot zoning; and he called attention to a Petition signed by 100 property owners of the area which had been filed with the City Clerk in protest of the proposed rezoning. Residents who voiced their opposition to this Petition were Mrs. Norman Faust, of 16 Normandy Road, who described the neighborhood as "one of the oldest, finest and most stable" in.the City; and Mr. Dean Williamson, of 107 Normandy Road, who pointed out Geyer Springs Road, Baseline Road, and Asher Avenue as the end result of zoning which started in the same manner as that proposed for the property in question. The applicant's attorney, Mr. Dale Price, was then heard; and he called attention to the presence immediately to the north on University Avenue of a chiropractor's office, a library and a gasoline station. He denied that this would represent "spot or strip zoning" and requested that the application be approved on the basis of the professional opinion given by the staff and the Planning Commission by their approval. In response to a question concerned with revision of the Zoning Ordinance, Community Development Director Don R. Venhaus conceded that there is an incompatibility in many of the uses accompanying the "C" Two- family classification and that this matter is being given consideration in the amended.Zoning Ordinance currently being prepared by his department. Mr. Venhaus suggested that perhaps the only way a parcel of land could be restricted to the principal use of its zoning - classification would be through the use of a restrictive covenant for a specified number of years. It was contended by Director Young that this issue exempli- fied the inequities and need for revision of the Zoning Ordinance; and that even a restrictive covenant would not necessarily provide a solution in this case, as it is possible that land use in the immediate area would evolve during the time specified by the.covenant whereby it would become outdated and create a hardship on the owner. At this time, there was a motion by Director Keith, seconded by Director Linkous, to suspend the rules and place the Ordinance on second reading; with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance and an ensuing motion by Director Young, seconded by Director Dailey, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by members of the ' Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and the third and final reading of the Ordinance followed. The resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - None; Noes,- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Absent - Director Bussey - total 1. There was an announcement at this time that the Ordinance had failed to pass. 18JIL Ii SANUARY 21, 1975, Cont'd. The reclassification of property situated at 2709 West Seventh.Street, described in legal terms as Lot 3, Block 11, Ferndale Addition to the City of.Little Rock, Arkansas, from "B" Residence District to "F" Commercial District, was requested by Zoning Petition No. Z- 2887-from•Joe Harris Mott, which was ' i approved January 2, 1975 by the Planning Commission. A proposed Ordinance to reclassify the above- described property was then.placed on first reading. -(See Ordinance No. 13,006, as follows) '- Presentation was then made of Ordinance No. 13,006, with-the-title being. AN ORDINANCE RECLASSIFYING 2709 WEST 7TH STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; which Ordinance was read the first time; after which there was a motion from Director Hollingsworth, seconded by Director Dailey, to suspend the rules and place the.Ordinance "on second reading. The motion was unanimously adopted by members of the Board of Directors present, being'six in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance followed. A subsequent motion was then made by Director Hollingsworth to again suspend the rules to provide for the third and last reading of the Ordinance at this time; with -the motion being seconded by Director Young, and adopted -by unanimous vote of the members of the Board of-Directors present, being six in number and two- thirds or more of the members of the'Board of Directors - elect: There was a third and last reading of the Ordinance, resulting in an Aye and No Vote being taken on the passage of the Ordinance, with the vote being recorded as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was declared passed. The next item presented was the Petition of Herman D. Voss requesting the vacating and closing of the north 146.1 fee -of Vogler Street at.its intersection with West 12th Street, in the City of Little Rock, Arkansas. Accompanying the Petition was a letter from the Standard Abstract and Title Company certifying .to the last owners of record of the abutting property; and also a certified copy of the plat of Hocott Home Sites Subdivision as recorded in Plat Record Book No. 3 at Page 163 in the office of the Pulaski County Circuit.Clerk. (See Resolution No: 5;319, as follows, which sets the date of public I hearing on the above - described matter for February-18,-1975) I Presented at this time was Resolution No. 5,319, entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY'OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO. VACATE THE NORTH 146.1 FEET OF VOGLER STREET AT ITS INTERSECTION WITH WEST 12TH STREET, LITTLE ROCK, ARKANSAS;' with there being a full reading of the - Resolution; after which there was a motion by Director Keith, seconded by Director Hollingsworth, that the Resolution be adopted. A roll call was taken which adopted the Resolution by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; .Absent - Director Bussey - total 1. Ordinance No. 13,007 was introduced, and described as: AN ORDINANCE WAIVING'THE MASTER STREET PLAN AND AUTHORIZING THE ISSUANCE OF A BUILDING PERMIT FOR - IMPROVEMENTS TO BE MADE BY RYDER SUBDIVISION WITHIN THE PLANNED RIGHT -OF -WAY OF 34TH STREET EXTENDED BETWEEN MARTEL AND INTERSTATE 30 AND EAST 34TH STREET AND THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD; AND FOR OTHER PURPOSES; which Ordinance was then-read the first time. A motion followed from Director Hollingsworth, seconded by Director Dailey, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and there-was a second reading of the Ordinance. , The rules were again suspended to allow for the third and final reading of the Ordinance by a subsequent I, motion from Director Dailey, seconded by Director Keith; and by unanimous vote of the members of the ;it`$ . Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, whereupon an Aye and No Vote was IIi. JANUARY 21, 1975, Cont'd. then .taken on the:passage,:of the Ordinance,, which -resulted as follows: Ayes - Directors 'Keith and Daile Mayor Wimberly, Directors Linkous, Hollingsworth and.,Young' -- total 6; Noes - .None; Absent - "Director- , Bussey - total 1; The Ordinance was declared-60'-have been passed:' The next presentation was Resolution No. 5,320, containing-the-following title: A- RESOLUTION AUTHORIZING THE CONSTRUCTION „USE, OCCUPANCY AND MAINTENANCE OF AN OVERHEAD STRUCTURE ACROSS HIGH STREET BETWEEN BLOCKS 402 AND 413, COMPTON'S SUBDIVISION TO THE CITY,OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS CONNECTING THE EXISTING IMPROVEMENTS OWNED AND - OCCUPIED- BY.THE ARKANSAS.FARM BUREAU J FEDERATION SITUATED IN SAID.BLOCK 413 WITH PLANNED STRUCTURAL IMPROVEMENTS.IN SAID BLOCK-402; AND FOR OTHER PURPOSES; with -the Resolution being read in its entirety, - and•thereafter adopted.upon.motion of Director Young, seconded by Director Hollingsworth, and by the -following roll call vote; Ayes'- .,Directors. Keith: jand Dailey, Mayor Wimberly, Directors .Linkous,.Hollingsworth and Young --total 6; -Noes-- None; Absent. - Director Bussey - total 1. Then presented was Resolution No. 5,321, entitled: A- RESOLUTION AUTHORIZING PARAMOUNT LIFE INSURANCE COMPANY.TO MAINTAIN AN EXISTING.FENCE SITUATED IN THE ALLEY AT THE REAR OF PROPERTY LOCATED AT 1119 CALHOUN STREET;'AND FOR OTHER PURPOSES; and there was a complete reading of.the Resolution. : A.motion by Director Hollingsworth, seconded by Director Young, then resulted in a roll call-vote-which adopted.the Resolution as herein described: Directors Keith and Dailey, Mayor Wimberly, Directors Linkous; Hollingsworth-,and Young.- total 6; Noes - None; Absent - Director Bussey - total 1. At this time, a.proposed.Ordinance was introduced, with<the title being: AN ORDINANCE PROHIBITING DISCRIMINATION.IN °HOUSING, IN HOUSING PRACTICES, BY PROHIBITING DISCRIMINATION IN- .SOLICITATION FOR `THE SALE, LEASE, OR RENTAL OF REAL ESTATE 'BECAUSE :OF RACE, COLOR, . RELIGION, ANCESTRY, NATIONAL ORIGIN,.AND PLACE,OF-BIRTH; PROVIDING A.PENALTY.FOR VIOLATION THEREOF; AND FOR OTHER - PURPOSES; - .. .. . ,. , - _ . . and a Public Hearing on this matter ensued. Notice of the-Hearing,had been duly published on January 6, 1975 and January 13, 1975, Mayor Wimberly officially declared.the hearing to be open at this time,. inviting interested persons who wished to address,to the issue -to come.forward. Mr. Griff Stockley; Attorney and.spokesman for.-the Oak Forest Property Owners Association,.stated'that;.this was a citywide problem.not confined just..to Oak Forest and Pine Forest, although it was.his organization which first documented the problem and called it to the attention of the City. Mr. Stockley said some residents of Oak.Forest had received solicitations from real estate brokers three or four times in -1973, when the..subdivision first began to have black residents. He maintained that the solicitations-undermined- the stability of the neighborhood because they "create.uncertainty in the minds of the - residents and create pressure.on them to do;something.before something.l{appens to•their..property values." Mr. Stoc contended that if the City could appropriate.$10,000 for a Sign Ordinance, surely it could produce an ordinance to deal with this'problem "which'affects so many people.'.'„ Support for this ordinance was also expressed by the black community through its spokesman; Dr. Roosevelt Brown, who subsequently suggested that the Board of,Directors commission the staff to,sfudy the housing.practices of -this City•and per- haps utilize a portion of the Community Development Act funds for this effort. Director'Young also questioned the possibility:of allocating Community Development Act funds for this purpose, stating that such a study should reveal.the underlying problems of what is happening in Little Rock in the area of housing. It was also contended by Director Young that the proposed - ,ordinance was not:really.pertinent to the central issues "which actually are:a lot.broader than a•few,occasional references -to. race." - . At-this time; it was announced -.by the Mayor that the Public Hearing was closed. A motion was then made by Director Young that the proposed Ordinance be tabled. The motion was seconded by Director Keith-and submitted to a roll call vote-whereby the motion was adopted as� follows: Ayes ­Director Keith, 39 JANUARY 21, 1975, Cont'd. Mayor Wimberly, Directors Linkous and Young - total 4; Noes - Director Dailey - total 1; Abstaining - Director Hollingsworth - total 1;' Absent -- Director Bussey — total 1. .It was announced that the Ordinance had been tabled.. ' The next item presented was Resolution No. 5,322, entitled: A RESOLUTION AWARDING CONTRACTS AND APPROVING THE PURCHASES OF VARIOUS ITEMS TO.BE USED BY THE CITY OF LITTLE ROCK DURING THE YEAR 1975; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; with said Resolution being read in full. A motion by Director Hollingsworth, seconded by Director Young, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors - Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director.Bussey '- total 1. Ordinance No. 13,008 was then presented, with the title.being: AN ORDINANCE PROVIDING FOR THE ISSUANCE.OF MUNICIPAL AIRPORT REVENUE REFUNDING BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF RETIRING CERTAIN OUTSTANDING REVENUE BONDS (DESCRIBED IN THE AUTHORIZING ORDINANCE);.PROVIDING.FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN,EMERGENCY; with there being a first reading of the Ordinance. The rules were then suspended to provide for the second reading of the Ordinance by motion of Director Keith, seconded by Director Dailey, and by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, an ensuing motion was .made that the rules again be suspended and the Ordinance be placed on its third and final reading; with the motion being made by Director Dailey,-seconded by Director Linkous, and unanimously adopted by members of the Board -of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance and a subsequent Aye and No Vote taken on the passage of the Ordinance, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes None; Absent - Director Bussey - total 1. The emergency clause contained in .Section 15 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. It was announced that the Ordinance, together with the Emergency Section, had been passed. , Introduced at this time was Ordinance No. 13,009, entitled: AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE PARKS DEPARTMENT, ACTING FOR THE CITY, AND TRI- CITY CONSTRUCTION COMPANY TO PERFORM CERTAIN EARTH AND LANDSCAPE WORK IN KANIS AND BOYLE PARKS FOR A CONSIDERATION OF $15,000.00; APPROPRIATING SAID $15,000.00 AS THE CITY'S CASH MATCHING SHARE OF FUNDS TO CONSTRUCT A BIKEWAY IN BOYLE PARK; AND FOR OTHER PURPOSES; which Ordinance was read the first time. A motion was then made by Director.Linkous to suspend the rules and place the Ordinance on'second reading. The motion was seconded by Director Dailey, and unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors- elect; and the Ordinance was then read the second time. Director Dailey made a motion at this time which again suspended the -rules and placed the Ordinance on third and final.reading; with the motion being seconded by Director Keith, and unanimously adopted by . members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No , Vote being taken on the passage of the Ordinance, with the ensuing vote being recorded as follows:' Ayes Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. It was announced that the Ordinance had passed. N JANUARY 21, 1975, Cont'd. i Ordinance No-13,010 was the next presentation, with the title being: - .. AN ORDINANCE APPROPRIATING THE SUM OF $37,236.64 FROM FEDERAL-REVENUE-SHARING FUNDS AS THE CITY'S SHARE OF THE DEFICIT FOR OPERATION OF CENTRAL ARKANSAS TRANSIT IN THE MONTH.OF DECEMBER, - 197,4; . and said Ordinance was read the first time; after which there was a motion by Director Dailey to suspend the rules -and place the Ordinance on second reading. The motion was seconded by Director Young, adopted by unanimous vote of.the members of the.Board of_Directors present, being six in number.and.two- thirds or more of the members of the Board of,Directors- elect; whereupon the Ordinance was read the second time. A subsequent motion was then made by Director Linkous, and seconded by Director Young, for a further. suspension of the rules to allow -for the third and final reading -of the..Ordinance at this time. The motion was adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors- elect'; and the third and last reading of the Oidinance'fo1 lowed. • At .this- time;, there was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the`resuliing vote being recorded herein 'as follows: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - "total 5; Noes ^ Director-Keith -. total 1; Absent- Director Bussey --total 1. The-Ordinance was declared to' have been"pas'sed. ' Presented at this time was Resolution No. 5,323; containing the following title: A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF- NINE'VIDEO TERMINALS FOR USE WITH THE POLICE. COMPUTER SYSTEM; AUTHORIZING PAYMENT;.AND FOR OTHER PURPOSES;- (Contract to.Lear Seigler, Inc.,-st.a purchase price.of. $24,525.00) with the Resolution being read in its entirety; and thereafter adopted upon motion of Director Dailey,, seconded by Director Linkous,.and by,the following roll'call.vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, - Hollingsworth and Young - total 6; Noes - None; Absent - Director - Bussey - total 1. Presentation was -then made of Resolution No. 5',324,.described as: A RESOLUTION.REPROGRAMMING -MODEL CITIES FUNDS TO MAKE,POSSIBLE THE EXTENSION OF�THE MODEL CITIES LEGAL AID PROJECT; AND FOR OTHER PURPOSES; and the Resolution was read in full. -A motion was then-made by Director Hollingsworth, seconded by Director Keith, for adoption of the Resolution. A roll call vote was taken whereby 'the Resolution was adopted as herein described: Ayes — Directors Keith, Dailey, Mayor Wimberly, Directors Linkous; Hollingsworth and Young - total 6;- Noes - None; .Absent - Director Bussey - total-1. There was presented Resolution No. 51325, entitled: A RESOLUTION AWARDING A.CONTRACT FOR THE REPAIR OF:A 977L CATERPILLAR LOADER; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES;. with there being a full reading of the Resolution,'which-was then adopted.,upon motion of.Director..Keith, seconded by Director Dailey, and by the following.roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young -total 6; Noes - None; ,Absent -.Director Bussey - total 1. Resolution No. 5,326 was presented for consideration, with the title being: A RESOLUTION ACCEPTING DEDICATION DEEDS TO LAND IN RIVER MOUNTAIN PARK; EXPRESSING THE CITY'S APPRECIATION; AND FOR OTHER PURPOSES; with said Resolution being read in full. There was a motion at this time by Director Dailey, seconded by Director Keith, which lead to a roll call vote which adopted the Resolution by a vote recorded as follows:' -Ayes - Directors Keith and - Dailey, Mayor Wimberly,,Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent -- Director Bussey - total 1. . IFI 42 JANUARY 21. 1975. Cont'd. The next item presented was Ordinance No. 13,011, described as: AN ORDINANCE AMENDING SUBSECTION "b" OF SECTION 2 -23 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PERTAINING TO VACATIONS, SICK LEAVE, AND MILITARY LEAVE AND AMENDING SUBSECTION "b" OF SECTION 2 -25 OF THE CODE OF ORDINANCES FOR THE CITY OF LITTLE ROCK, ARKANSAS PERTAINING TO HOLIDAYS AND SPECIAL LEAVE; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on second reading by motion of Director Hollingsworth, seconded by Director Keith, which was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The second reading of the Ordinance was followed by a subsequent motion from Director Hollingsworth, seconded by Director Young, to again.suspend the rules to allow for the third and final reading of the Ordinance at this time; which motion received unanimous adoption by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance, which is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent Director Bussey - total 1. It was announced that the Ordinance had passed. Resolution No. 5,327 was then presented, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE HOUSING BOARD OF ADJUSTMENT AND APPEALS AND THE ELECTRICAL EXAMINING BOARD; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion for adoption by Director Keith. The motion was seconded by Director Dailey, and the Resolution was therefore adopted by the following roll call vote: Ayes - Directors KeithTand Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; No - None; Absent - Director Bussey - total. The final item presented was Ordinance No. 13,012; described as: AN ORDINANCE APPROPRIATING THE SUM OF $50,000.00 FOR EXPENSES AND OPERATING COSTS AT THE LITTLE ROCK PORT; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. City Manager Carleton E. McMullin advised that the $50,000.00 appropriation was returnable to the.City, and represented a short -term loan to the Port Authority. There was a motion at this time by Director Keith, which was seconded by Director Hollings- worth, to suspend the rules and place the Ordinance on second reading. The motion was adopted by unanimous vote of the members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. A subsequent motion was made by Director Keith, seconded by Director Dailey, to suspend the rules and place the Ordinance on its third and final reading; which motion was'unanimously adopted, by members'.of the Board of Directors present, being six in number and two - thirds or, more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, there was an Aye and No roll call taken on the passage of the Ordinance, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was declared passed. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Dailey, and by unanimous vote of the members of the Board of Directors present, the meeting was adjourned at 9:10 o'clock P on Tuesday, February 4, 1975, at 7:30 o'clock P.-M. ATTEST: �W,�� APPROVED: City Clerk M., to meet again in regular session rt. Mayor 0 L I. I u Board of Directors Chamber Little Rock, Arkansas February 4, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk; and the following Directors present:. Directors Keith, Dailey, Linkous, Bussey and Hollingsworth - total 5; Absent: Director Young - total 1. A quorum was.declared to be.present, and the proceedings of the meeting are described as follows: The Invocation was given by Director Linkous. The reading of the minutes of-the previous__ meeting held on January 21, 1975 was dispensed with and said minutes were approved as written and summarized to the Board of Directors, upon motion of Director Keith, seconded by Director Linkous, and by unanimous vote of the members of the Board of Directors present. The first item from the Official Agenda was presented for consideration, being a Report of Commissioners of Sewer Improvement District No. 141, together with plans for improvements within the District estimated at.$70,000-and a Certificate from the Arkansas State Board of Health approving said plans. The Report was then received and filed by motion of Director Hollingsworth, seconded by Director Keith, and by unanimous vote of the members of the Board of Directors present. Presented next was Resolution No. 5,328, entitled: RESOLUTION APPROVING PLANS AND APPOINTING ASSESSORS IN SEWER IMPROVEMENT DISTRICT NO. 141 OF LITTLE ROCK, ARKANSAS; (Assessors: Truman Nolen, Jackie Hefner and Floyd Hovater) And the Resolution was read in full. A motion by Director Hollingsworth; seconded by Director Keith, resulted in a roll call vote which adopted the Resolution as herein described Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. Resolution No. 5,329 was presented, and described as: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF SUPPLIES FOR THE LITTLE ROCK ZOO; AUTHORIZING PAYMENT; AND FOR OTHER_PURPOSES; (Contracts to Hills Division Riviana and Arkansas National Feed and Supply Company) with there being a full reading of the Resolution; after which there was a motion by Director Dailey, seconded by Director Hollingsworth, that the Resolution be adopted.. A roll call was taken whereby the Resolution was adopted as follows: Ayes - Directors Keith -sand Dailey, Mayor Wimberly, Directors Linkous Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. Presented at this time was Resolution No. 5,330, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE APPLICATION AND RECEIVE FEDERAL GOVERNMENT TITLE VI FUNDS FOR EMERGENCY. EMPLOYMENT PROGRAM; AND FOR OTHER PURPOSES; (Full funding for 83 temporary public service positions,,under the Emergency Jobs and Unemployment Assistance Act of 1975) and said Resolution was read in its entirety. A motion then followed from Director Bussey, seconded by Director Hollingsworth, which led to a roll.call vote adopting-the Resolution as herein described: Ayes Dfrectors.Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey - and Hollingsworth - total-6; Noes None; Absent - Director Young - total 1. There was presented Resolution No. 5,331, with the title being: A RESOLUTION OF COMMENDATION AND APPRECIATION TO RAYMOND SQUIRES FOR EXCEPTIONAL SERVICES; AND FOR OTHER PURPOSES; which Resolution was then readiin full. At this time, Mayor Wimberly expressed.the appreciation of the 43 r. M FEBRUARY 4, 1975, Cont'd. Board of Directors for the dedicated service of Mr. Squires as Director of the Little Rock Zoo for the past twenty -one years, and added that Mr. Squires' performance is an example of a very good job being accomplished with very limited resources. A motion was then made by Director Bussey, seconded by Director Linkous, that the Resolution be adopted; after which there was an ensuing roll call which adopted the Resolution by the following vote: Ayes.- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth.- total.6; Noes - None; Absent - Director Young - total 1. A discussion then centered upon the continuing deficit incurred by the Central Arkansas Transit Company, of which the City of .Little Rock pays 50 %, with the City of North Little Rock and Pulaski County each assuming 25%. Referring to the preceding item (Resolution No. 5,331), Director Keith drew a parallel between the Little Rock Zoo and the Central.Arkansas Transit Company, contending that while Zoo Director Raymond Squires "has done a good job working with limited,resources, the Bus Company has done a sorry job with tremendous resources." A motion was then made by 'Director -Keith that the City of Little Rock limit its financial commitment to Central Arkansas Transit to $50,000 for the year 1975; which motion was seconded by Director Hollingsworth. A subsequent motion was made by Director Bussey, again seconded by Director Hollingsworth, that the City's commitment to the Transit Company be limited to $200,000. At this time, a third motion was made by Director Linkous, that the preceding motions be tabled until such time as representatives from the City of Little Rock, the City of North Little Rock, and Pulaski County, could meet, study this problem, and hopefully reach a joint solution, as opposed to each branch acting independently. The motion was seconded by Director Hollingsworth and submitted to the following roll call vote: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 5; Noes - Director Keith - total 1; Absent - Director Young - total 1. Stating that the Board was "postponing a decision that should have been made some time back ", Director Keith then made a motion that the meeting between the three governmental branches be held prior to February 18 1975, at which time action would be taken by the Little Rock Board of.Directors on this matter. The motion was seconded by Director Dailey, and adopted by unanimous voice vote of the members of the Board of Directors present. Presentation of Resolution No. 5,332 was then made, with the Resolution being entitled: A RESOLUTION MAKING APPOINTMENTS TO THE BOARD OF ADJUSTMENT AND THE CITY BEAUTIFUL COMMISSION; (Mr. Bob Shell and Mr. Sam Anderson appointed to the Board of Adjustment; Mrs. Pat Moran appointed to the City Beautiful Commission) with there being a complete reading of the Resolution; after which there was a motion by Director Hollingsworth that the Resolution be adopted. The motion was seconded by Director Linkous and a roll call was taken which adopted the Resolution by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. Director Hollingsworth was excused at this time. The next item presented was Resolution No. 5,333, described as: A RESOLUTION MAKING AN APPOINTMENT TO THE.LITTLE ROCK HOUSING WORKING REVIEW COMMITTEE; (Appointment of Mr. Ben Scroggins) and after a full reading of the Resolution, it was subsequently adopted upon motion of Director Keith, seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - total 5; Noes - None; Absent - Directors Hollingsworth and Young - total 2. Resolution No. 5,334 was introduced, with the title being: A RESOLUTION APPOINTING MR. JACK YOUNG TO BE THE BOARD REPRESENTATIVE TO THE TRANSITY POLICY BOARD; (Central Arkansas Transit Policy Board) and said Resolution was read in its entirety. There was a motion at this time from Director Keith, seconded by Director Linkous, which resulted in a roll call vote adopting the Resolution as follows: L 1 FEBRUARY 4, 1975, Cont'd. Ayes - 'Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - `total 5; Noes - None; Absent- Directors Hollingsworth and Young total 2. The final item of the Official Agend "a was then presented ;'being Resolution-No.'5;335, entitled: - A RESOLUTION APPOINTING MR. JIM "DAILEY AS A MEMBER'OF.THE ADVERTISING AND PROMOTION COMMISSION; which Resolution was read'in"full; and thereafter adopted upon motion of Director'Linkous, seconded by Director Keith, and by the-following roll call vote:' Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - tofal'5; Noes - _None;' Absent - Directors Hollingsworth and Young - 'total 2. As there was no further business to be presented or to come before the Board.of'Directors at this time, upon motion of Director Keith,-seconded", by Director Linkous, and by unanimous vote of the members present, the meeting was recessed at 7:50 o'clock P: M. and scheduled to meet'again in reconvened sessi on Thursday, February 13, 1975 at 2:30 o'clock P. M. ' ATTEST; APPROVED: City Clerk Mayor I 46 Board of Directors Chamber Little Rock, Arkansas February 13, 1975 - 2:30 P. M. , The Board of Directors of the City of Little Rock, Arkansas.met.in reconvened session from February 4, 1975 with Mayor Wimberly.presiding. and Jane Czech, City_Clerk,.and.the. following Directors present: Directors Keith, Dailey, Linkous and Bussey - total 4; Absent.• - Directors Hollingsworth I and Young - total 2. It was announced that there was a quorum in-attendance, and the following-is an.- account . of the proceedings: Mayor Wimberly then announced that this was the time and place for the.opening_of sealed bids on 1 the proposed sale of Municipal Airport Revenue Refunding Bonds in the total amount of $900,000, subject to the provisions set forth in Ordinance No. 13,008 which was,duly published on January 28, 1975. Three combined bids were submitted and as there were no additional bids to.be presented at this time, Mayor Wimberly declared that the time for the filing of bids was closed and subsequently requested that Mr. E. Jack Murphy, Director of Finance, proceed with the opening and reading of said bids. The three combined bids received for Municipal Airport Revenue Refunding -Bonds of the City of ' Little Rock, Arkansas in the amount of $900,000 were opened and are described as follows: Merrill Lynch, Pierce, Fenner and Smith, Inc.; Powell and Satterfield, Inc.; and Parham, Matthews and Company, Inc. of par and accrued interest for bonds bearing interest as follows: Bonds maturing in the years 1976 to 1980, inclusive, 6�% per annum; Bonds maturing in the year 1981, 6% per annum; Bonds maturing in the years 1987 and 1988, 5 -3/4% per annum; and Bonds maturing in the years 1989 and 1990, 5.90% per annum; resulting in a net interest cost of $473,188.and an average interest rate of 5.779748 %; Jon Brittenum and Associates and Delta Securities, Inc. of par and accrued interest _ I plus a premium of $475 for bonds bearing interest as follows; Bonds maturing in the years 1976 to 1983, inclusive, 6% per annum; Bonds maturing in the years 1984 and 1985, 5'z% per annum; Bonds maturing in the years 1986 to 1988, inclusive, 5.60% per annum; and Bonds maturing in the years 1989 and 1990, 5.70% per annum; resulting in a net interest cost of $466,613 and an average interest rate of 5.699438% per annum; and Stephens, Inc.; T. J. Raney & Sons, Inc.; Hill, Crawford and Lanford, Inc.;.and . Reynolds Securities, Inc. (the "Stephens account ") of par and accrued interest plus a premium of $213.67 for bonds bearing interest as follows: Bonds maturing in the years 1976 to 1985, inclusive, 5.40% per annum; and Bonds maturing.in the years 1986 to 1990, inclusive, 5% per annum; resulting in a net interest cost of $421,360.33 and an average interest rate of 5.1467 %. Upon completion of the opening and reading of the bids, and the acknowledgment that -the foregoing ' bids did conform with the provisions of Ordinance No. 13,008, there was a brief recess to allow for Mr. Murphy to verify the interest rate of the low bidder by telephone. After a brief interval, the meeting resumed with an announcement'by Mr. Murphy that he had received.the required verification. Mayor Wimberly then declared that the combined bid of Stephans, Inc.; T. J. Raney and Sons, Inc.; Hill, Crawford and Lanford, Inc. had been accepted at an average interest rate of 5.1467 percent for the $900,000 Municipal Airport Revenue Refunding Bonds. Members of the Airport Commission and their attorney, Mr. John Echols, were introduced at this time by Mayor Wimberly, who commended 'them for their assistance in this matter. Resolution No. 5,336 was then presented, with the title being: A RESOLUTION APPROVING THE SALE OF MUNICIPAL AIRPORT REVENUE REFUNDING BONDS AUTHORIZED BY ORDINANCE NO. 13,008; APPROVING THE DESIGNATION OF A TRUSTEE AND PAYING AGENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO; (Stephens, Inc.; T. J. Raney & Sons, Inc.; Hill, Crawford & Lanford, Inc.; and Reynolds Securities, , Inc.) and said Resolution was read in full. Director Linkous made a motion at this time that the Resolution be adopted, which motion was seconded by Director Dailey. The resulting roll call then adopted the Resolution by a vote recorded as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors L7 F 'd. Linkous and Bussey —total-5; Noes- None; Absent Directors:Hollingsworth and Young - total 2. There being no.further business to _be presented or. to.come- before the .Board of.Directors, upon ' motion of Director Keith, seconded by Director.Linkous, and by unanimous vote -of the members of the Board of Directors- present; the meeting was adjourned.at- 3:00,o'clock P. M „.to meet again in regular session on Tuesday, February-18, 1975 -at 7:30`o' clock P, M. ATTEST: APPROVED: City Clerk Mayor I i I� Board of Directors Chamber Little Rock, Arkansas Ililll ' February,.18,. 1975 - 9:45 P. M.` The Board of Directors of the City.of Little Rock, Arkansas.met.in_ regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors in attendance: Directors. Keith, Dailey, Linkous, Hollingsworth -and Young.- total 5; Absent - Director Bussey - total 1. There being!a quorum present, it was so announced, and the meeting proceeded-as- herein described: The Invocation was,given by Mayor Wimberly. The reading of the minutes of the previous meeting held on February 4, 1975 and the reconvened meeting of February 13, 1975 was dispensed with, and said minutes were approved as written and to the Board of Directors upon motion of Director Keith, seconded by Director Linkous, and by unanimous vote of the members of the Board of Directors present. ,_ The first presentation from the Official Agenda was a series of Zoning Petitions, approved by the Planning Commission, and described as follows: Z -2895 - Petition from Jack Thruston by W. F. Rector, Jr—to rezone_1721.P'faryland Avenue, describe) ' as the West 1/2 of Lots 1, 2 and 3, Block 1, Marshall'and_Wolfe Addition to the City of Little Rock, Arkansas, from "C" Two - family District to "E -1" Quiet Business District. Z =2897 - Petition from Ernest M. Efrid by- Samuel L. Raines to rezone 1720 - Coolidge Street (See Petition for lengthy legal description) from "A" One- family.District to '.'.F" Commercial District. . Z- 2066 -A - Petition from Samuel L. Raines to rezone 4920 West Markham Street, described in lengthy legal terms as shown on the Petition, from "B" Residence District to "F" Commercial District. Z- 1673 -A - Petition from Dr. Edwin N.. Barron by W. F. Rector, Jr. to rezone 7915 Cantrell.Road, described as Lots 8, 9, 10 and ll,-Block 20, of the Bellvue Addition to the-City of Little Rock, from "E -1" Quiet Business District to "F" Commercial District Z -2892 - Petition from James A. Cogdell to rezone 6024 South University Avenue, described as Lot 1 Biehslich Addition to the City of Little Rock, Arkansas, from "F" Commercial District to "H" Business District. As there was no one present in opposition to the reclassification of the above described properties; ' an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,013 as follows) There was presented Ordinance No. 13,013, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE?ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Young, seconded by Director Dailey, and by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Hollingsworth, seconded by Director Young, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third and last time., An Aye and No Vote was then tak on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director I Bussey - total 1. The Ordinance was declared passed. This time and place had been designated by Resolution No. 5,319 for a Public Hearing on the Peti of Herman D. Voss to vacate and close the North 146.1 feet of Vogler Street at its intersection with with West 12th Street, notice of which had been duly published on January 27, 1975 and February 3, 1975. FAr 49. FEBRUARY 18, 1975, Cont'd. Mayor Wimberly therefore declared the Public Hearing to be open at which time Mr. Don R. Venhaus, Director of the Department of•Community.Development, advised that the attorneys.for:both.sides of this ' issue had requested a continuation of the Public Hearing until March 18, 1975. Accordingly, there was a motion made by Director Hollingsworth, seconded by Director Young,.and unanimously adopted by voice vote of the .members of•the.Board-of Directors present ;. which continued, - the..Public Hearing on this proposed street closure 'until March 18, 1975. - The next presentation was.Ordinance No. 13,014,-with.-the title'- being:' .. AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION TO THE,CITY;OF. LITTLE ROCK, ARKANSAS; OF CERTAIN LANDS LOCATED IN SECTION�12, TOWNSHIP l,SOUTH,�RANGE 13 WEST,...IN.PULASKI- COUNTY, ARKANSAS.;.. (Capital-Place Addition) ` which Ordinance was. accompanied by a Court Order of December--23, 1974 from Judge .B: Frank Mackey. The Ordinance was read. the first time; after which there - ,was ,_a. motion from Director Keith -to suspend the rules and place the Ordinance on its second reading. The motion received a second from Director Dailey, and unanimous adoption by.members of the Board of,Directors_ present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued;_ • A motion was -then made by Director Dailey for a.further suspension of the rules to-allow for the third and final reading.of -the Ordinance at this time, with the motion being seconded by Director Young and :. adopted by unanimous vote of the members of'.the Board.of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect.. The resulting Aye and No Vote taken on the I passage of the Ordinance.is described as follows: Ayes - .:Directors Keith and Dailey,'Mayor Wimberly,.. Directors Linkous, Hollingsworth and Young" - total 6.; Noes.- None; Absent - Director Bussey - total 1. It was announced that the Ordinance had been passed. , Resolution -No. 5,337 was -then presented, and described as:;: _ A RESOLUTION ACCEPTING A DEDICATION DEED FROM THE HOUSING AUTHORITY OF THE CITY OF.LITTLE ROCK FOR LAND LOCATED IN PULASKI COUNTY, ARKANSAS; AND FOR OTHER PURPOSES; :. (For Plaza in front -of Camelot Inn; described`as.Lot.12,_ Block -100, and.Lots.7, 8 and 9, Block 99, all in the Original City of Little Rock, Arkansas) which Resolution was read in full; and thereafter adopted upon motion of Director.Young, seconded by Director Linkous, and by the following roll call vote: Ayes - Directors. Keith and Dailey, Mayor Wimberly, ' Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey- total 1. A first Audit Report for Metrocentre Improvement District No.. .1 for the period ending December 31, 1974, as prepared by the accounting firm of Keith, Allen and Fletcher, was presented at this time; and upon motion of Director Young, seconded by Director Dailey, and by unanimous vote of the members of the Board of Directors present, said Audit Report was received and filed. Presentation was then made of a Comparative Statement of Income Account for the.-Little Rock Municipal Water Works for the month of December, 1974; which Statement was subsequently received and filed upon.motion of Director Young, seconded by Director Dailey, and by unanimous voice vote of the members of the Board of Directors present. The Financial Statements of the Little Rock Municipal lirport for the period ending December 31, 1974, as prepared by Russell Brown and Company, were also presented; and thereafter received and filed by motion of Director Young, seconded by Director Dailey, and by.unanimous vote of the members of the Board of Directors present. The next item presented was Ordinance No. 13,015, entitled: ' AN ORDINANCE APPROPRIATING FUNDS FOR THE DEFICIT OF CENTRAL ARKANSAS TRANSIT FOR THE MONTH OF JANUARY, 1975; AND FOR OTHER PURPOSES; (Appropriation of $19,905.66 from Federal Revenue Sharing Funds) and upon first reading of the Ordinance, there was'a motion by Director.Keith that the Ordinance be tabled pending payment by the City of North Little Rock of its share of the deficit incurred in the operation i I� 50 FEBRUARY 18, 1975 Cont'd. of Central Arkansas Transit. City Manager Carleton E. McMullin responded -by stating.that it was his understanding that North Little Rock is, {in the process of making this payment at-the present time. How- ever, Director Keith's motion was then seconded by Director Dailey, and submitted to_a.roll call vote resulting as follows: Ayes - Director Keith - total 1; Noes - Director.Dailey, -Mayor Wimberly, Directo Linkous, Hollingsworth-and Young - total 5; Absent = Director Bussey - total 1. It was announced that the motion-had failed to be adopted. Director Bussey was enrolled at this time. A motion was then made by Director Young, seconded by Director Hollingsworth, that the rules be suspended and the Ordinance be placed on second reading; which motion was seconded by Director Hollingsworth and unanimously adopted by members of the Board of Directors present, being seven.in_ number and two-thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Director Hollingsworth, seconded by Director Dailey, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds -or more of the members of the Board of Directors - elect; after which the Ordinance was read the third and last time. The question, Shall the Ordinance Pass, was then submitted to an Aye and No Vote, resulting as follows: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth.and Young -total 6; Noes - Director Keith - total 1; Absent - None. The Ordinance was declared to have been passed. At this time, Ordinance No. 13,016 was presented, containing the following title: AN ORDINANCE AWARDING CONTRACTS FOR THE PURCHASE OF CERTAIN VEHICLES FOR USE BY THE CITY OF LITTLE ROCK; AMENDING ORDINANCE NO. 12,947; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Two_Motorcycles for Police Department; and four side - loading Garbage Trucks for Sanitation Department) with said Ordinance being read the first time. A motion was then made by Director Dailey that the rules be suspended and the Ordinance be placed on its second reading; with the motion being seconded by Director Young, and adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect.. After a second reading of the Ordinance, there was a further suspension of the rules to provide for the third and final reading of the Ordinance at this time by motion of Director Hollingsworth, seconded by Director Bussey, which was unanimously adopted by members of the Board of Directors present, being = seven -in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in an Aye and No Vote taken on the passage of the Ordinance which is recorded herein as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth,and Young - total 7; Noes - None; Absent - None. It was announced that the Ordinance had passed. Resolution No. 5,338 was next presented, with the title being: A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND THE ECONOMIC DEVELOPMENT ADMINISTRATION; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety, and thereafter adopted upon motion of Director Bussey, seconded by Director Dailey, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. There was then presented Ordinance No. 13,017, described as: AN ORDINANCE AMENDING ORDINANCE 13,007 WHICH PROVIDES FOR THE ISSUANCE:OF.A_BUILDING PERMIT ON PROPERTY DESCRIBED AS PART OF BLOCK 1, DOUGHERTY'S ADDITION, AND PROVIDED FOR THE WAIVING OF MASTER STREET PLAN REQUIREMENTS ON THE PLATTING OF LANDS DESCRIBED AS RYDERS SUBDIVISION;.AND.FOR OTHER PURPOSES and the Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance, by motion of Director Bussey, seconded by Director Hollingsworth, which -was unanimously I111111adoDted by members of the Board of Directors present, being seven in number and two- thirds ore more of IJ 1 FEBRUARY 18, 1975, Cont'd. 51 the members of the 'Board of Directors - elect. There was a second - reading of the Ordinance at this.time, and a subsequent motion which again suspended the 'rules; placing -the Ordinance.on:its'third and final reading; with the motion again being made and seconded by Directors Bussey and Hollingsworth, respective - ly, and unanimously adopted by members of the Board of .Directors present, being seven in number and the members of the Board of Directors - elect.:.- Upon-third and last reading of the two - thirds or - more- of Ordinance, an Aye and No Vote was taken on the passage of the Ordinance, with the results described as follows: Ayes - Directors Keith and Dailey; Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth 1. and Young - total 7; .Noes - :None; Absent - None. The Ordinance was declared passed. Introduced at this time was Ordinance No. 13,018,Ientitled:.,.- AN ORDINANCE AMENDING ORDINANCE N0. 12,745 TO PROVIDE FOR THE'INCLUSION OF SECTION 2, WHICH SECTION r .. PROVIDES FOR UT . ILITY•EASEMENTS, RIGHTS AND INTERESTS; AND FOR OTHER PURPOSES; . (Pertaining to alley closure in Block 41, Original City of Little Rock, Arkansas) with there being a first reading of-the Ordinance. A motion followed., from Director Hollingsworth, seconded by Director Dailey, for a suspension of the rules and_the placing of the Ordinance on second reading; with the motion being unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members.of the Board of Directors- elect. The Ordinance then read the second time, with an ensuing motion then being made by Director Dailey to again suspen was the rules and place the Ordinance on its third and final reading. Director Linkous seconded the motion, which was then adopted by unanimous vote of the members.of the Board of Directors - present, being seven in number and two - thirds or more.of the members.of the Board of Directors - elect. There.was.a third and last reading of the Ordinance, resulting in the following Aye and.No Vote taken on the passage of the Ordinance: Ayes,- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young -total 7; Noes - None; Absent - None. The Ordinance was therefore, declared to have been passed. The final item presented for consideration was Resolution No. 5,339, entitled:. A RESOLUTION ACCEPTING AN OFFER MADE BY JAMES R. HAYGOOD ON BEHALF OF HIMSELF AND OTHERS TO BUY.' A TRACT OF LAND IN THE LITTLE ROCK PORT INDUSTRIAL DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF JAMES R. HAYGOOD AND HIS ASSOCIATES AS THEIR INTEREST MAY APPEAR UPON PAYMENT, OF THE SUM OF $271,875.00 AND TO ACCEPT A PROMISSORY NOTE.IN THE SUM OF $54,375.00; OR "IN ' THE ALTERNATIVE TO EXECUTE SAID DEED UPON FULL PAYMENT OF THE TOTAL PURCHASE PRICE; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. Present at the meeting.was Mr. Ross Mauney, who urged adoption of the Resolution, stating that Mr. Haygood had previously purchased property in the Port area, and was presently in need of additional land for his business. He advised that purchase of this 26.33' acre tract at a price of $271,875 was'initiated in 1974 by Mr. Haygood, contingent upon the sale of property he owns.in Memphis, Tennessee. Although the sale of the Memphis property had failed to materialize, Mr. Mauney added that Mr. Haygood had paid the interest on the proposed Port transaction,.. and recommended that another sixty -day extension be granted to Mr. Haygood in this matter. There was a motion at this time by Director Keith, seconded by Director Bussey, that Mr. Mauney's recommendation be accepted and the Resolution therefore be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor. Wimberly, Directo: Linkous, Bussey and Young - total 6; Noes - Director Hollingsworth - total 1; Absent - None. ' At this point in the meeting where time is allotted for citizens' communications, there was a groin present out of concern for the operation of Fraternal Cemetery. Speaking for the group,. Mrs. Inola Childress, expressed dissatisfaction with the operation of this Cemetery and insisted that something be done about the situation in the near future. Mayor Wimberly responded that a recent audit report of th Cemetery would be studied at length by the members of the Board, who would then be happy to discuss the 51 52 FEBRUARY 18, 1975, Cont'd. matter with her= group. Mayor Wimberly then recognized the presence of a delegation representing the Insurance Women of Little Rock, commended them upon their-interest -in City government, -and invited them to attend other meetings in the future.' With there being no further business to be presented or -to .come before.the Board of Directors, upon motion of Director Hollingsworth, seconded by Director Dailey, which was unanimously adopted by the members present, the meeting was recessed at 10:30'o1clock P. M., and scheduled to reconvene on February 26, 1975 for the purpose of allocating the Community Development Bloc Grant Funds. ATTEST: City Clerk APPROVED: .;ayor Board of Directors.Chamber Little Rock, Arkansas February 26,.1975 - 3:00 P.M. The Board. of Directors of tU.e:City. of Little =Rocky Arkansas met in reconvened session from February.18, 1975 with Mayor Wimberly presiding and Jane Czech, City Clerk,_ and the following Directors present: Directors Keith,- Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent: None. It was announced that there was a quorum in attendance, and the meeting then proceeded as follows: The opening statement by Director Keith was a motion that the input on-the discussion of the Com- munity development Bloc Grant Proposals be limited to the Board of Directors. Director Dailey then com- mented that he would like to make a motion amending Director Keith's motion to "set a limit on presenta- tion by a citizen; to allow anyone who has not been heard previously to speak; and that it be left to the Mayor's discretion on the length of time alloted ". This motion was seconded by Director Linkous, and was adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None;, Absent - None. The discussion on the final draft of fund allocations then got underway, and Director Dailey pre- sented the first amendment. His amendment was for the udeletion of $100,000 for the development of Interstate Park at 38th and Chester Streets ". A roll call was taken on the amendment presented by Director Dailey, and it was adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young total 7; Noes - None; Absent - None. Director Hussey then advised that he had an amendment to present. The amendment was to "use the $100,000 intended for the development of Interstate Park to improve and rebuild the existing 'broken - down parks "'. At this point a brief discussion was held, and Director Hollingsworth stated that the only trouble he was having with the proposali�was that he felt "that we should be more specific ". Director Linkous then suggested that "it be left to the discretion of the Director of Parks and Recreation to meet the criteria within the spirit of the.Act, and that Mr. Breckling study the needs of the people ". He offered this as.an amendment to be voted upon, and Director Keith stated his concurrence. A roll call was then taken on the,amendment presented by Director Hussey to appropriate the $100,000 to improve the parks, which resulted as follows: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 5; Noes - None; Abstaining - Directors Keith and Hollingsworth - total 2; Absent - None. The amendment was then declared to be adopted. Mayor Wimberly then asked for a roll call on Director Linkous' amendment to leave the allocations to the.discretion of the Director of Parks and Recreation.. The results are recorded herein which adopted th amendment: Ayes Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent None.. _ The next proposed amendment was presented by Director Keith. He proposed that "$1,500,000 of the Bloc Grant Funds be allocated for the Fourche Creek Basin Drainage Project ". These funds would be set aside as a savings toward the City's share of the expense of a flood control project on Fourche Creek being planned by the United States Corps of Engineers. City Manager Carleton E. McMullin pointed out that if the money is not used, there.is a possibility that it might have to be reallocated. Directors Dailey, Young and Hollingsworth stated that they did not want to run the risk of losing the $1,500,000. Upon question by Director,Linkous, Mr. McMullin advised that it will probably be at least five years before the Corps of Engineers will take any positive action on this planned project. Mr. Willard Johnson representing the Arkansas Community Organization for Reform Now (ACORN), made a statement that his organi zation was present to endorse the Community Development Bloc Grant proposal as drafted by the Staff. Director Keith then withdrew his proposed amendment to allocate $1,500,000 to the,Fourche Creek Drainage Project,-due to the period of time involved before the Corps of Engineers.can begin the improvements. Director Hussey was excused at this time. The next amendment to be presented was by Director Young, who proposed that "$1150,000 be allocated 9 FEBRUARY 26, 1975, Cont'd. for the acquisition of'property at 12th and Cleveland Streets for a recreational =facility to include tenni courts;;and that $100,000 be taken from the contingency fund; and that the remaining $50,000 be provided from the three items listed under Article 7 of the draft. Also, any over -run of funds from Administra- tion be included in this program ". 'Upon question by Director Linkous, City Manager Carleton E. McMullin , explained that the Contingency Fund was set up to create flexibility for over -run. Director Young further commented that this facility would be something monumental for Little RockE'and would meet the objectives of the Community Development Act because the Center would be available to the underprivileged. The follow ing roll call was taken which adopted Director Young's amendment: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous and Young - total 5; Noes - None; Abstaining - Director Hollingsworth - total 1; Absent - Director Bussey - total 1. Director Bussey was then re- enrolled. At,this point in the meeting, Director Linkous stated that of the $6,062,000 Bloc$Grant Funds, one area had been left out entirely- -that of "Human Resources ". He then offered an Amendment for a "one -time grant of $60,000 for the purpose of leasing 20,000 square feet at the Baptist Central Hospital for a family practice center with a staff of from twelve to twenty people on duty at all times; and that each of the five $12,000 be deleted from /Items in Article 1 for this program ". City Manager Carleton E. McMullin com- mented that this might not be an eligible item and that such an appropriation might not qualify under the ' rules of the Community Development Program. Director Linkous replied that it was his understanding that the Department of Housing and Urban Development is going to be very lenient in first year appropriations, but if the City later had to reimburse the expenditure, it could be the best $60,000 ever spent. A roll call was then requested by Mayor Wimberly, and the Amendment was adopted as recorded herein: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Director Linkous then offered another amendment by adding that "in the spirit of trying to find the best method to expend these funds, I would like to delete the $10,000 proposed for the lighting of the tennis courts at Dunbar, because it appears to me that there are adequate daylight hours to play tennis and that utility expenses would be increased. Instead, I would propose to build an additional tennis court instead of lighting or improving present facilities ". Director Bussey's opinion was that the lighting was badly needed, and a roll call was taken as follows: Ayes - Director Linkous - total 1; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey, Hollingsworth and Young - total 6; Absent , - None. The amendment was, therefore, not adopted. There were no further amendments presented, and Director Hollingsworth made a motion that the balance of the Draft of the Community Development B1oclGrant prepared by the Staff be approved, along with ction 8 of the Act relative to the Department of Housing and Urban Development Rent Program. This tion was seconded by Director Linkous and adopted by the following roll call vote: Ayes - Directors a and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - Absent - None. The next matter to come before the Board of Directors was Resolution No. 5,340, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR COMMUNITY DEVELOPMENT BLOC GRANT ; AND FOR OTHER PURPOSES; the Resolution was read in its entirety. There was a motion at this time by Director Bussey, second Director Dailey, that the Resolution be adopted. A roll call was taken and the Resolution was subse- ly adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors us, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. ' Director Young made a brief statement that he "hoped nobody would think that these allocations should a precedent, and that the spirit in which they were made does not apply in any way to future alloca serve as a format for future funds ". He then stated that he was putting the statement in the form of motion, which was seconded by Director Hollingsworth and adopted by the following roll call vote: Ayes 55 FEBRUARY 26, 1975, Cont'd. -_ Director Dailey, Mayor Wimberly,..Directors Linkous, Bussey,- Hollingsworth.and Young. - total,6; Noes None; Abstaining - Director Keith - total 1; Absent None. There was no further business to be presented or to come before the Board of Directors, and upon ' motion of Director Keith, seconded by Director Hollingsworth,,the meeting was adjourned at 4:45 o'clock P. M., to meet again in regular session on.Wednesday, March,5, 1975,at 7:30 o'clock P. M., instead of the regular date of Tuesday, March 4, due -to the fact that the Board of Directors and the City Manager will be in Washington, D. C..on that date attending the City - Congressional Congress,of the National League of Cities. -L ATTEST: R APPROVED: V /YLQ� �� C �, City ,Clerk oMayor i Fe Board of Directors Chamber Little Rock, Arkansas March 5, 1975 - 7 ;30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Assistant Mayor Hollingsworth presiding and Jane Czech, City Clerk, and the following Directors present: Directors Dailey, Linkous and Young - total 3; Absent - Director Keith, Mayor Wimberly and Director Bussey - total 3. It was then declared that a quorum was present, and the meeting proceeded as herein described: The Invocation was given by Director Linkous. The reading of the minutes of the previous meeting held on February 18, 1975, and the reconvened meeting held on February 26, 1975, was dispensed with and said minutes were approved as written and summarized to the Board of Directors, upon motion of Director Linkous, seconded by Director Young, and by unanimous vote of the members of the Board of Directors present. The first item presented from the Official Agenda for consideration was the Mount Holly Cemetery Association Treasurer's Report for the year 1974. The report was then received and filed upon motion ' of Director Dailey, seconded by Director Young, which was adopted by unanimous vote of the members of the Board of Directors present. Presented next was the Accountant's Report and Financial Statements for the City of Little Rock for the year 1974, as prepared by the accounting firm of Lloyd, Haigh, Brock & Company, Ltd.; which was subsequently received and filed upon motion of Director Young, seconded by Director Dailey, and by unanimous voice vote of the. members of the Board of Directors present. Resolution No. 5,341 was presented at this time, with the title being: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF AUTOMOBILES FOR USE BY VARIOUS DEPARTMENTS OF THE CITY OF LITTLE ROCK; AWARDING CONTRACTS FOR THE PURCHASE OF UNIFORMS.FOR THE LITTLE ROCK POLICE DEPARTMENT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Contracts for 31 vehicles from Twin City AMC, Bale Chevrolet Company, and Little Rock Dodge Company; and uniforms from J. B. Battle Company and Farriors,ilnc.) which Resolution was read in full. It was explained by City Attorney Joseph C. Kemp that the contract did not provide for a specified number of uniforms, but only designated the price of each item, which would subsequently be purchased as needed during the year. The Resolution was then adopted upon motion of Director Dailey, seconded by Director Linkous, and by the following roll call vote: Ayes - Directors Dailey, Linkous, Assistant Mayor Hollingsworth and Director Young - total 4; Noes - None; Absent - Director Keith, Mayor Wimberly and Director Bussey - total 3. There was presented a proposed Ordinance entitled: AN ORDINANCE APPROPRIATING FUNDS AS THE-CITY'S'SHARE OF THE DEFICIT COST OF OPERATION OF CENTRAL 11[1111 ARKANSAS TRANSIT FOR THE YEAR 1975; AND FOR OTHER PURPOSES; (Appropriation of $116,666.66, representing the remainder of the City's total commitment for the year 1975) with said Ordinance being read the first time. As there was not the required number of five members of. the Board of Directors present to suspend the rules, the Ordinance was therefore left on the calendar for second reading on March 18, 1975. Presentation was then made of Resolution -No. 5,342, described as: A RESOLUTION MAKING AN APPOINTMENT TO THE CENTRAL ARKANSAS MANPOWER PLANNING COUNCIL; AND FOR ' OTHER PURPOSES; (Appointment of Mr. Werner C. Knoop) and there was a complete reading of the Resolution, which was thereafter adopted upon.motion of Director II 5'7 MARCH 5 1975, Cont'd. Dailey, seconded by Director Linkous -,"and..by. the following roll call vote: Ayes - Directors Dailey and Linkous, Assistant Mayor Hollingsworth, and Director Young - .total 4; Noes - None; .Absent - Director Keith, Mayor Wimberly, and Director Bussey - total 3. ' The final presentation to be considered was Resolution No. 5,343, with the title being: A RESOLUTION OF COMMENDATION; (To the personnel_of the Police and Fire• - Departments, together -with- all - .staff personnel, for dedicated public service during a recent emergencyfollowing a tornado) which Resolution was read in its entirety. There was a motion at this time,from Director Dailey for adoption of the Resolution, after which Director Dailey expressed his personal appreciation for the commendable service rendered by City personnael during this emergency.- The motion was then seconded by Director Linkous, and adopted by the following roll call vote: Ayes - Directors Dailey and Linkous, Assistant Mayor Hollingsworth, and Director Young - total 4; Noes - None; Absent - Director Keith, Mayor Wimberly, and Director Bussey - total 3. Speaking in a time period allowed for Citizens' Communications..was.Mr. Willard Johnson, who is Chairman of the City Wide Drainage'Committee, and also Chairman of the Barrow Action Group affiliated' with the Arkansas Community Organizations for Reform Now (ACORN).. On behalf of.ACORN, Mr. Johnson addressed to the flood and drainage problems in the Greater Little -Rock area and the resulting House Bill 502 now pending in the Arkansas State Legislature, which would provide . up -to fifty percent of;.the local share of matching funds for federally financed flood control projects. He requested that the City Board of Directors publicly endorse House Bill 502 and communicate this endorsement.to the Governor. Assistant May Hollingsworth assured Mr. Johnson that „this.matter.would be placed..on.the Agenda for discussion at the next meeting of the Board, and invited him to be present.at this time: In response to questioning by Director Young, Administrative Aide Floyd - Villines stated:that. representatives of the City could address to this Bill when it reaches the floor of the State Legislature. A representative of the Little Rock Corps of Engineers, Mr. David Burrough, briefly discussed a study which the Corps of Engineers had been authorized to make concerning the water resource needs of the Little Rock Metropolitan Area which includes Pulaski and Saline Counties. He added that the Fourche Creek problem will not be delayed because of the Urban Study, but will be incorporated within the Study, which will require approximately thirty -six to forty -two months for completion at a cost_ of approximately $1,500,000.- The outcome of this joint federal', state,.local government, -and private citizen effort would, according to; . Mr. Burrough, identify the needs and develop alternatives-for-providing the following: - Further flood, , - damage reduction measures including flood plain management, water supply and wastewater management . facilities, water related recreation activities, and- the.conservation, and enhancement.of_ fish and wild- life resources. This project was.endorsed..by Mr. Don R..Venhaus;.,Director of.the Department of Community Development, who stated that the direct benefits from the .study "would give the City ^a very strong and very direct look at urbanization and water control problems.” In conclusion, Mr.- Burrough stated that upon completion of the study, two to three years would be required to implement its program. As there was no further business to be presented, or to come before the Board of, Directors, upon motion of Director Dailey, seconded by- Director Young,; and by unaaimous,vote of the members of the . Board of Directors present, the meeting was adjourned at 8:05 o'clock P. M., to meet again in regular session on Tuesday, March 18, 1975, at 7:30 o'clock P. M. ATTEST: APPROVED: v ' _V City Clerk Mayor rF Board of Directors Chamber Little Rock, Arkansas March 18, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in-regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. A quorum was declared to be present, and the meeting therefore proceeded as herein described: The Invocation was given by Mayor Wimberly. The reading of the minutes of the previous meeting held on March 5, 1975 was dispensed with and said minutes were approved as written and summarized to the Board of Directors upon motion of Director Hollingsworth, seconded by Director Bussey, and by unanimous vote of the members of the Board of Directors present The first presentation from the Official Agenda consisted of the following -two Zoning Petitions, which had received the approval of the Planning Commission: Z -2899 - From Marvin E. Vaughter, III, to rezone 2516 Broadway, described as Lot 9, Block 2, Retan's Addition to the City of Little Rock, Arkansas, from "C" Two - family District-to "D" Apartment District. Z- 1143 -B - From Ray Huckaby, to rezone 211 East 15th Street, described as the east 100 feet of Lot 1, 2 and 3, Block 19; all of Lot 4; the south 10Fjfeet of the east 50 feet of'Lot 51and the east 50 feet of Lot 6, Block 19, of the Original City of Little Rock, Arkansas,-from-"E"-Apartment District to "E -1 -A" Nursing Home, Lodging and Undertaking District. As there was no one present to take issue with the proposed rezoning; an ordinance-to reclassify the above - described properties was placed on first reading. (See Ordinance No. 13,019, as follows) Presented at this time was Ordinance No. 13,019, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and upon first reading of the Ordinance, there was a motion from Director Bussey to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Keith and adopted by unanimous vote of the members of the Board of Directors present, being'seven in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading'of the Ordinance ensued. A motion was then made by Director Bussey, again seconded by Director Keith; for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time; which motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, and the resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was therefore declared passed. There was again presented the Zoning Petition No. Z- 2720 -A of Rector - Phillips- Morse, Inc. by Danny Thomas to rezone property owned by Rodney Parham located in the 9700 Block of Rodney Parham Road (see Petition for lengthy legal description) from "A" One - family District to "F" Commercial and "MF 24" Multi - family Districts; which Petition had received the approval of the Planning Commission. This Petition was first presented to the Board of Directors on January 21, 1975, at which time the matter was deferred until the present time in order that the possibility of establishing an improvement district for the purpose of widening Rodney Parham Road might be explored. The lengthy discussion which ensued was predominantly concerned with the possible improvement district, the purpose of which would be to alleviate the added traffic congestion anticipated by the proposed land use of this 17 acre tract, 1 MARCH 18, 1975, Cont'd. which would include an apartment.complex, commercial shops, and an-area'of approximately .97 acres for single - family dwellings along the north and east property lines to buffer and protect those adjacent ' single - family structures. Attorney Willis Townsend was in attendance at the request-of-the Petitioner's attorney, Mr. Perry Whitmore, and reported that a committee, of which he is a member, had established that a 7,000 acre Improvement District encompassing a tract - running north from the Wilbur Mills Freeway to the south line of Highway 10 would be possible, but was by no means definite at-the present time. From various meetings held in connection with this project; Mr.-Townsend stated that it had been deter- mined that neither the City of Little Rock nor the Federal Government would have any money to offer such a project until 1977 or thereafter. The cost of establishing the district-had been estimated at from $7,000,000 to $8,000,000, and Mr. Townsend advised that he had received assurance from'an investment house that the sale of bonds for the project could be handled here. However, he insisted that a district could only be established by a Petition signed by a majority of the 'property owners in -the 'entire district and until such time as a Petition is presented, it would be impossible to determine the actual amount of land to be encompassed by the district and the related cost to each property owner. He added that it was his opinion a Petition could be obtained within two or three months.- The next'speaker was Mr. Jack Castin, an architect and planner, who exhibited drawings of the "concept ", site plan-and a zone map, ' .and emphasized the existing Multi- family and Commercial property surrounding the-proposed development site. Mr. Castin outlined the three proposed uses, single - family, commercial and multi - family, and the overall impact of each from the standpoint of traffic density, sewer-demand,-and tax generated.. He', described the project as a "high.quality mixed land -use project, a net asset to the City consistent with existing development patterns, and a project proposed to blend market-demand with-the least over -all effect to the area." The possibility of adverse flooding conditions resulting from this project was discounted by Engineer Joe Fox, who advised that the developer would make-channel improvements on the west and north sides of the property, thereby helping to localize flooding to the north of the property. A prospective assessor for the district, Mr. Truman Nolan; advised.that'he- was - preparing a book containin names and various information to be shown to residents within the proposed district before they were asked to sign a Petition. The opposing side of the issue was represented by a delegation of approximately 50 people, with Attorney Jim Duckett who is a resident of the subject area serving,as spokesman. Mr. Duckett contended that three subdivisions, Treasure Hills,-Northgate and Sturbridge'; would be adversel affected by land use of this type from the standpoint of traffic and flooding, especially in the Grassy Flat Creek area'. Other speakers presented by the opposition were'Mr. Dale Gossien of the. Arkansas Highway Department, who - stated that the proposed usage could generate as many-as 7,000 addAional•trips per day in the area, or add a maximum count of 1,000 vehicles per hour; and Mr: Gene Washburn, of the . . United States Corps of Engineers, who requested that property in this area not be.rezoned.until such time as flooding problems eminating from the-Fourche Bayou Basin, Rock Creek and Grassy Flat Creek have been resolved, and described recent flood damage from Fourche-Basin at $2,700,000i Rock Creek at $1;900,000, and Grassy Flat-Creek at $80,000. Arguing against.the concept that because the surrounding property had been rezoned commercial, this owner should not be denied the same despite anticipated traffic and flooding problems, Mr'. Duckett insisted that the Board had the-responsibility of promoting orderly ' growth of the City with regard to land use. He contended that this development would aggrevate existing problems and-would be incompatible with the orderly growth of the City.: In rebuttal, Mr. Whitmore expressed the opinion that the traffic increase would be insignificant, that his client should not be penalized because of problems created by others, and that his•client was entitled to a reasonable use ' of his property. (See Ordinance No'. 13020, as follows)' Presented for second reading at this time was Ordinance No." 13,020, entitled: AN ORDINANCE RECLASSIFYING 9700 BLOCK RODNEY PARHAM ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE,CODE OF ORDINANCES OF THE CITY OF-LITTLE- ROCK,-ARKANSAS; AND,FOR OTHER PURPOSES; MARCH 18, 1975, Cont'd. the Ordinance was read the second time, having been read the first time -on January 21,. 1975. A brief discussion which- followed, -- centered'upon a.motion by Director Young, seconded by Director Keith, that this matter be tabled until formation of an improvement district; at -which time it would be brought back to the Board for consideration." Taking'issue with this procedure were.Director Linkous-and-the Petitio Mr. Danny Thomas, who concurred that a precedent could be set whereby-many future-zoning-matters could be deferred for indefinite periods with-the establishment of an improvement district-as the prerequisite for consideration by the Board. Director Hollingsworth insisted that this matter should be disposed of without further delay; and Mayor Wimberly concurred with Director Young that the Board would be in a better position to deal with the issue'if there was an improvement district'established to alleviate the traffic situation. A roll call was taken at this time.on Director Young's motion, resulting as follows:. Ayes- Directors Keith and Young - total 2; Noes - Director Dailey, Mayor Wimberly, Directors Linkous and Bussey,- total 4; Abstaining - Director Hollingsworth - .total 1; Absent - None. The rules were then suspended and the Ordinance was placed on its third and final reading by motion of Director Bussey, seconded by Director Hollingsworth, and by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. At this point, Mr. James Cummings and Mr. Bob Bowman requested-and were granted , permission to speak, and subsequently voiced their opposition to the proposed Ordinance; The Ordinance was then read the third and last time, resulting in the Aye and No Vote being taken on the passage of the Ordinance, with the outcome described as follows: Ayes — Director Dailey, Mayor Wimberly, Directors Linkous and Bussey - -total 4;1 Noes - Directors Keith, Hollingsworth and Young - .total 3; Absent - None. The Ordinance was declared PASSED. The next presentation was Zoning Petition No. Z- 2848 -A submitted by Floyd Fulkerson,.requesting the rezoning of a tract of approximately 119 acres located in the 13000 Block--of Hinson Road, and described in lengthy legal terms as shown on the Petition. , The requested rezoning, from- "A" One - family District to "F" Commercial and. "MF 12" Multi - family Districts, had been approved by the Planning Commission on February 6, 1975, and a related Ordinance was placed on first reading; (See Proposed Ordinance, as- follows) There was presented at this time a proposed Ordinance, described as: AN ORDINANCE RECLASSIFYING 13000 BLOCK HINSON ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. The rules were then - 'suspended and the-Ordinance placed on second reading by motion of Director Hollingsworth, seconded by Director-Bussey, and by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time; after which a subsequent motion was made and seconded by Directors Hollingsworth and Bussey, respectively, to again suspend the rules and place the Ordinance on its third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two- thirds or more of the members.of the Board of Directors - elect. Approximately 50 residents of Longlea and Pleasant Valley, the two subdivisions abutting the subject property, were present to oppose the development plans for this site which include an apartment complex and commercial shops. The lengthy discussion which ensued was prefaced by a statement from Mr. Max Bobbitt of 3401 Montrose Drive, representing approximately 25 families in the Longlea area; who stated that these families had a collective amount of approximately $2,000,000 invested in their homes and were of the opinion that the single impact of the proposed re- ' zoning would be the deterioration of their property values. Various charts were then presented by Mr. Dial Bowen to illustrate the possible adverse conditions anticipated by the opponents as a result of such rezoning. According to Mr. Bowen, the major reasons for denying the rezoning-were that all adjacent property is of single - family usage, the natural terrain of the tract would create hillside 01 61 MARCH 18, drainage problems, a traffic problem would be ". generated, ,and . the massive .scale- "of -the development was premature at the present - time. ", Rep resenting_the Pleasant: Valley -Pro Association, Mrs. 'Myra Jones,read -.and presented to the, City Clerk a.Resolution from that organization officially protesting — and opposing the rezoning'of this tract.. .On behalf of -the- Petitioner;,his,Attorney,:Mr. Phil Dixon discussed the sewer facilities, - . stating -that Longlea.Subdivision has a very good sewer pump station which is adequate,.to serve the proposed development, the-cost of which was -- assumed -by.- the Petitioner._ Mr. Dixon then - .introduced. Dr. Henry Hearnsburger of 122 Pleasant Valley.Drive; who stated that a: "concession" whereby the,-proposed project might appear less objectionable.had been agreed,to by:the Petitioner; the. concession being a'Restrictive Covenant providing a buffer zone- 150'feet in width to be established, along the east boundary of the subject property where it abuts the Pleasant Valley Golf - Course, with -the property lying within the buffer zone restricted to "A" single - family usage. ''Using-a:"slide projector, to illustrate- various projects, Mr. Jack Castin, Architect and Planner, then gave a presentation of the project, land use alternatives, the zoning pattern of the area, and discussed at length the impact this project would have on the surrounding area and the City." Some of the points - described by Mr: Castro are as follows: The development plan was endorsed by Metroplan,_and approved without one dissenting vote by the Planning Commission; greater municipal benefits would.be derived from this land use; as.. single - family subdivisions do not pay their way from a tax standpoint;- the improvement. district planned for Rodney Parham Road could be extended northward.to serve this area and - alleviate the traffic situation; and access to the - development should. not be objectionable to the adjacent subdivisions, as it would be routed through an extension.of Hinson-Road'at the Southwest corner of:the - subject property. The need for a land use plan for this area was emphasized by Director Dailey; who urged that a "concrete Plan" be developed in the near future. Mr. Fulkerson spoke briefly'in support of his Petition; calling.attention to "non - existent" sewer .problems *due to-a 36,000 acre.sewer district.in'the area,-and contending, that without- This plan there would be 'no possibility of extending Hinson. Road.- At this time, the Ordinance was read - the -third and last time,' followed' -.by an Aye and No:Vo,te taken. on the'passage of 'the Ordinance which resulted as herein described: Ayes­ None; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey; Hollingsworth and Young - total 7; Absent - None. The Ordinance was "then declared NOT PASSED. Ordinance'No. 13,021 was presented for second reading at this time, with the title being: AN.ORDINANCE APPROPRIATING FUNDS AS THE CITY'S SHARE OF THE DEFICIT COST'OF. OPERATION OF CENTRAL ARKANSAS TRANSIT FOR THE YEAR 1975; AND FOR OTHER - PURPOSES; , (Appropriation of $116,666.66 for remainder of-year; with appropriation for-months of January and February, 1975 having been heretofore.paid - City's -total share for year'$140,000) and said Ordinance, having been read the first time on March 5, -1975, was then read the second time. Mr. Steve Strauss was in attendance and at this time spoke in opposition to limitation of the present bus service.. He described the limitation of service and the lack of surplus funds to allow for growth and progress as having a "negative effect" on the,public, and attributed the lack of bus commuters to these factors. He contended that North Little Rock had "set the tone" by agreeing to contribute only $70,000 to the transit company; and urged that Little Rock continue reasonable support of the company. He suggested that a "Citizen's Board" would be a progressive approach to the public transportation system, and that assistance in funding the system could be accomplished by levying an automobile tax or a water surcharge.. A motion was then made by Director Bussey, and seconded by Director Keith, to suspend the rules and place the Ordinance on-its third and final reading; which motion was adopted by unanimous ' vote of the members of the Board of Directors present, being seven in number and two-thirds or more of the members of the Board of Directors- elect. The resulting Aye and No "Vote taken on the passage of the Ordinance is described as follows ": Ayes - Directors Keith and Dailey, -Mayor 'Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - Director'Hollingsworth - total 1; Absent - None. It was then announced that the Ordinance had PASSED. 11F 62 MARCH 18, 1975, Cont'd. A Motion was made at this point by Director Hollingsworth that a format of official rules and procedures be prepared and subsequently observed at the meetings of the Board of Directors. Director Dailey seconded the motion, which was unanimously adopted by members of the Board of Directors present; ' and it was the general consensus thai a copy.of the proposed rules and procedures would be presented at the Agenda Meeting of the Board of Directors ou Wednesday, March 26, 1975. At this time, there was a motion by Director Keith, seconded by Director Dailey that the meeting recess, and be.reconvened the following day. The motion was adopted by unanimous vote of the members of the Board of Directors present, and the meeting was recessed at 11:10 o'clock P. M. and scheduled to reconvene at 1:00 o'clock P. M. on Wednesday, March 19,1975. ATTEST: (\iK APPROVED: (.t Clerk Mayor "City r �I Board of Directors Chamber Little'Rock,_ArkansaS.._ March 19, 1975 - 1:00 P. M. The Board of Directors of the City of Little'Rock, Arkansas- met'in reconvened session'from March 18 1975, with Assistant Mayor Hollingsworth presiding and Jane'Czech, City Clerk', and-.the following Directo present: Directors Dailey, Linkous and Young - total 3 Absent - Director Keith, Mayor Wimberly and Director Bussey - total 3. As there was a quorum in attendance, the reconvened meeting proceeded as follows: A Comparative Statement of Income Account for the Little Rock Municipal ?dater Works, for the month of January, 1975 was presented and upon motion of Director Linkous, seconded by Director Young; and by unanimous vote of the members of the Board of Directors present, said Statement of Income Account was received and filed. The next presentation was the Audit Report of the Little Rock Wastewater Utility for the year 1974, Dailey, seconded by Director Linkous, which was unanimously adopted by members of the Board of Directors present. The Audit Report of the Policemen's Pension and Relief Fund encompassing a period ending December 31, 1974 was then presented, received and filed, upon motion of- Director Dailey, seconded by Director Linkous, and by unanimous vote of the Board members present. Also presented was an Audit Report of the Municipal Judges Retirement Fund for-the year 1974, which was thereafter received and filed following a motion from Director'Dailey, "seconded by Director Linkous, which was adopted by unanimous vote of the members of the Board of Directors present. Resolution No. 5,344 was presented at this time, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE-DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A GRANT UNDER THE INNOVATIVE GRANT PROGRAM FOR THE PURPOSE OF DEVELOPING AND PROVIDING PUBLIC TRANSPORTATION TO PINNACLE MOUNTAIN STATE PARK; AND FOR OTHER PURPOSES; I and there was a full reading of the Resolution, which was subsequently adopted by'motion of Director Dailey, seconded by Director Young, and by the following roll call vote:- Ayes - Directors Dailey and Linkous, Assistant Mayor Hollingsworth and Director Young - total 4; Noes - None; Absent - Director Keith, Mayor Wimberly and Director Bussey - total 3 Introduced at this time was Resolution No. 5,345, described as: A RESOLUTION REPROGRAMMING MODEL CITIES FUNDS; AND'FOR OTHER PURPOSES; which Resolution was read in its entirety. A motion was then made by Director Young and seconded by Director Dailey, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Dailey and Linkous, Assistant Mayor Hollingsworth, and Director Young - total 4; Noes - None; Absent - Director Keith, Mayor Wimberly and Director Bus,sey - total 3. The next item presented for consideration was Resolution No.'5,346, entitled; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE AMERICAN MANAGEMENT ' ASSOCIATION; AND FOR OTHER PURPOSES; (For training sessions with City Staff members; to be funded by Intergovernmental-Personnel Act Funds and HUD Planning Funds) and there was a full reading of the Resolution; after which a motion from Director Linkous, seconded by Director Young, led to a roll call vote adopting the Resolution as herein described: Ayes - Directors W which was subsequently received and filed upon the motion of Director Dailey, seconded by Director Linkous, and by unanimous vote of the members of the Board of Directors present. There was presented at this time an Audit Report of the Firemen's Relief and Pension Fund for a period ending December 31, 1974, with the Audit Report being received and filed'by motion from Director Dailey, seconded by Director Linkous, which was unanimously adopted by members of the Board of Directors present. The Audit Report of the Policemen's Pension and Relief Fund encompassing a period ending December 31, 1974 was then presented, received and filed, upon motion of- Director Dailey, seconded by Director Linkous, and by unanimous vote of the Board members present. Also presented was an Audit Report of the Municipal Judges Retirement Fund for-the year 1974, which was thereafter received and filed following a motion from Director'Dailey, "seconded by Director Linkous, which was adopted by unanimous vote of the members of the Board of Directors present. Resolution No. 5,344 was presented at this time, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE-DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A GRANT UNDER THE INNOVATIVE GRANT PROGRAM FOR THE PURPOSE OF DEVELOPING AND PROVIDING PUBLIC TRANSPORTATION TO PINNACLE MOUNTAIN STATE PARK; AND FOR OTHER PURPOSES; I and there was a full reading of the Resolution, which was subsequently adopted by'motion of Director Dailey, seconded by Director Young, and by the following roll call vote:- Ayes - Directors Dailey and Linkous, Assistant Mayor Hollingsworth and Director Young - total 4; Noes - None; Absent - Director Keith, Mayor Wimberly and Director Bussey - total 3 Introduced at this time was Resolution No. 5,345, described as: A RESOLUTION REPROGRAMMING MODEL CITIES FUNDS; AND'FOR OTHER PURPOSES; which Resolution was read in its entirety. A motion was then made by Director Young and seconded by Director Dailey, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Dailey and Linkous, Assistant Mayor Hollingsworth, and Director Young - total 4; Noes - None; Absent - Director Keith, Mayor Wimberly and Director Bus,sey - total 3. The next item presented for consideration was Resolution No.'5,346, entitled; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE AMERICAN MANAGEMENT ' ASSOCIATION; AND FOR OTHER PURPOSES; (For training sessions with City Staff members; to be funded by Intergovernmental-Personnel Act Funds and HUD Planning Funds) and there was a full reading of the Resolution; after which a motion from Director Linkous, seconded by Director Young, led to a roll call vote adopting the Resolution as herein described: Ayes - Directors W 2 MARCH 19, 1975, Cont'd. Dailey and Linkous, Assistant Mayor Hollingsworth, and Director Young - total 4; Noes = None; Absent - Director Keith, Mayor Wimberly and Director Bussey - total 3. There was presented Resolution No. 5,347, entitled: A RESOLUTION ENDORSING HOUSE BILL 502 AND ENCOURAGING ITS PASSAGE; AND FOR OTHER PURPOSES; (To provide assistance to densely populated areas for flood control projects) with said Resolution being read in full; and thereafter adopted by motion of 'Director Dailey, seconded by Director Linkous, and by the following roll call vote: Ayes - Directors Dailey and Linkous, Assistant Mayor Hollingsworth and Director Young - total 4'; Noes - None; `Absent = Director Keith, Mayor Wimberly, and Director Young - total 3. Resolution No. 5,348 was then presented, with the title being: A RESOLUTION GRANTING A UTILITY EASEMENT.TO ARKANSAS POWER & LIGHT COMPANY; AND FOR OTHER PURPOSES; (Lot 4, Block 262, Original City of Little Rock, Arkansas) and the Resolution was read in its entirety. A motion was made at this time by Director Linkous, seconded by Director Dailey, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Dailey and Linkous, Assistant Mayor Hollingsworth and Director Young - total 4; Noes - None; Absent - Director Keith, Mayor Wimberly and Director Young - total 3. A proposed Resolution authorizing a franchise for the placement of a sign in the public right -of -way' at 1109 Kavanaugh Boulevard was presented to this Board on November 19, 1974, and was subsequently denied. A request that this matter be reconsidered at this time was presented by the Petitioner, Mr. R. David Lewis, after having appealed the Board's November 19, 1974 denial of °'the franchise to the courts which refused to assume jurisdiction in the matter. City Manager Carleton E. McMullin advised that the Staff's recommendation to deny the franchise remains the same as when the matter was originally considered. Mr. Lewis then requested a deferral of the issue until the meeting of April 1, 1975, in order that he might have time to provide each Board Member with a copy of the court pleadings in this case. Accordingly, the request was granted by unanimous consent of the members of the Board of Directors present, and the matter was rescheduled for consideration on April 1, 1975. Assistant Mayor Hollingsworth then relinquished the chair to Mayor Wimberly, who was enrolled at this time. Director Bussey was also enrolled at this time. A report was then presented by Mr. Don R. Venhaus, Director of the Department of Community Develop- ment concerning his Staff's work with the VALUE organization, whose purpose is to attain the voluntary annexation of all or part of an approximate 55 square mile tract which was annexed to the City by referendum vote in 1973 and subsequently nullified by a ruling of the Arkansas Supreme Court in 1974. Mr. Venhaus at this time displayed a map showing this 55 square mile tract divided into seven zones established by VALUE to work toward total voluntary annexation. The boundaries of each zone were described by Mr. Venhaus, who then described the progress within each zone as follows: Zone�vl - Very good progress, with approximately, 50 percent of property owners in support of annexation; Zone 2 - A major effort has been made in this area, the results of which are good; Zone 3 - The focal point of the entire drive, in which little trouble is anticipated in signing up a very substantial number of property owners, estimated in the range of'70 percent; Zone 4 - The outlook is good, with 60 percent of the land area and 60 percent of the property owners favoring annexation; Zone 5 - This area is controll primarily by mine owners, whose approval is'essen_tial.to the success of the drive; and these mine owners ' have not as yet signed the petition; Zone 6 - Response is extremely good, with 70 percent of the land area and 63 percent of the people in agreement with the annexation drive; Zone 7 - The outlook is "dismal" with very little encouragement from the large corporate ownerships of this-land, most of which is in the natural state and encompasses the periphery of the Fourche Basin, the focal point of the drainage problem and subsequently very important to the City. Mr. Venhaus added that this is a self- �� s5 MARCH 19, 1975, Cont'd. sustaining kind of effort, being done by the residents within the-zones.;-and he anticipated the filing — of the first zone within the next three weeks, followed by a steady'succession of'the remaining zones. At this time a question was raised by City Manager Carleton E; McMullin..pertaining to fire protection by the City of Little Rock in this 55 square mile "tract. Mr. McMullin advised that the City had continued to extend fire protection service to this area following nullification of the annexation, and requested an opinion from the Board as to whether or'not this—service—should be-continued. In response, Mr. Venhaus stated that it was extremely important in his opinion to perpetuate this service.at this time as a.courtesy to these people, who have put forth a very substantial effort toward-voluntary annexation. The members of the Board of Directors expressed their concurrence with Mr. Venhaus and accordingly, a motion was made and seconded by Directors,.Young and Hollingsworth, respectively, and adopted by the_Board members present, which extended the fire protection service to th¢:s 55 square mile tract for a 60 day, period. A Public Hearing had been scheduled for continuation at this time and place to hear arguments per- taining to the proposed vacating and closing of the North 146.1 feet of Vogler Street at its intersection with West 12th Street, as requested by Herman D. Voss. However, Community Development Director Don R. Venhaus advised that he had talked with two attorneys and three property- owners involved with this issue, and they have requested a further continuance of the hearing for 30 days, during which time they intend to explore alternatives and attempt to resolve the issue. Consequently, a motion was made by Director Hollingsworth, seconded by Director Young, and unanimously adopted by the Board members present, which continued the Public Hearing until April 15, 1975. The final presentation from the Official Agenda was Ordinance No. 13,022, with the title being: AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AERIAL BUCKET AND UTILITY BODY; AWARDING A CONTRACT FOR IMPROVEMENTS AND RENOVATIONS TO THE SENIOR CITIZENS BUILDING AT THE EAST LITTLE ROCK COM- MUNITY COMPLEX; APPROPRIATING FUNDS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance; after which there was a motion by Director Dailey, seconded by Director Hollingsworth, to suspend the rules to allow for the second reading of the Ordinance at this time. The motion was seconded by Director Hollingsworth, and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two- thirds or more of the members.of th Board of Directors - elect; and the second reading of the Ordinance ensued. A motion was then made by ' Director Hollingsworth for a further suspension of the rules to place the Ordinance on its third and final reading; which motion was seconded by Director Dailey, and unanimously adopted by the members.of the Board of Directors.present, being six in number and two- Ehirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in an Aye and No Vote being taken on the passage of the Ordinance and recorded herein as follows: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Hussey, Hollingsworth and Young - total 6; Noes.- None; Absent - Director Keith - total 1. It was therefore announced that the Ordinance had passed. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Hollingsworth, seconded by Director Bussey, and by unanimous vote of the Board members present! the meeting was adjourned at 1:40 o'clock P. M., to meet again in regular session.on Tuesday, April 1, 1975 at 7:30 o'clock P. M. ATTEST: ( APPROVED: U City Clerk Mayor III ss Board of Directors Chamber Little Rock, Arkansas April 1, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor , Wimberly presiding and Katherine Highfill, Assistant City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Hollingsworth - total 5; Absent - Director Young - total 1. A quorum was declared to be present, and the meeting then proceeded as herein described: The meeting was opened with the singing of the National Anthem by the Diamond State Chorus. The appreciation and best wishes of the Board of Directors were then expressed by Mayor Wimberly, who subse- quently read a Proclamation naming the month of April as "Barber Shop Harmony Month" in honor of the 37th anniversary of the Society for the Preservation and Encouragement of Barber Shop Singing in America; witl which the local group is affiliated. The reading of the minutes of the previous meeting held on March 18, 1975,; "and the reconvened meet- ing of March 19, 1975, was dispensed with; and said minutes were approved as written and summarized to th Board of Directors upon motion of Director Linkous, seconded by Director Bussey, which was unanimously adopted by members of the Board of Directors present. Permission was granted at this time for Rev. Carlee Porter to address the Board. Rev. Porter, Director of the "People United to Save Humanity ".(PUSH) "organization, discussed the subject of minority contractors within the City and asked the Board to consider giving this group a proportionate number of the contracts awarded under the $6,000,000 Community Development Bloc Grant from the Federal Government. In response, Mayor Wimberly assured Rev. Porter that the City would give every consideration to the minority contractors who bid for projects under this Grant. Also in attendance was Mr. Samuel L. Raines, who presented a gift to the University of Arkansas at Little Rock in the form of land which adjoins the Little Rock Port Industrial Park. Mr. Raines spoke briefly and specified that the proceeds from the property would go into an endowment fund to strengthen the Real Estate Curriculum at the University. A representative of the University was present, accepted the gift, and conveyed the appreciation of the University to Mr. Raines. An Audit Report was then _presented for the Little Rock Municipal Water Works for the year 1974. The Report was subsequently received and filed by a motion from Director Hollingsworth, seconded by Director Keith, and unanimously adopted by members of the Board of Directors present. Also presented was a report from Police Chief Gale F. Weeks concerning a, request from the Ives Court Neighborhood Council about traffic and criminal activities in this area. The report described a meeting of Police representatives with the Neighborhood group, during which the problems were discussed, and both groups agreed to work together in an effort to alleviate the situation. The Report was then received and filed by unanimous agreement of the members of the Board of Directors present. The next presentation was Resolution No. 5,349, entitled: A RESOLUTION APPROVING PLAN VI OF THE U. S. CORPS OF ENGINEERS FOR FOURCHE BASIN FLOOD CONTROL; AND FOR OTHER PURPOSES; with said Resolution being read in its entirety. A Staff Report relative to this project was then received and filed. There was a motion which followed from Director Kieth, seconded by Director Linkous, resulting in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. Resolution No. 5,350 was presented, with the title being: ' A RESOLUTION ENDORSING AND APPROVING A RECOMMENDED ROUTE FOR THE EAST BELT FREEWAY; AND FOR OTHER PURPOSES; (Route IIC approved, as prepared by the Arkansas Highway Department) ✓I 11167 APRIL 1, 1975, Cont'd. i and there was a full reading of the Resolution. A Staff Report concerning this subject was subsequently received and filed. There was a motion then made by Director Keith and seconded by Director Dailey, which resulted in a roll call vote adopting the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth.- total 6; .Noes - None;. Absent - Director Young - total.l. At this time, there was presented Resolution No. 5,351,'described as: A RESOLUTION AWARDING A CONTRACT FOR FIRE AND EXTENDED INSURANCE COVERAGE -FOR BUILDINGS OWNED.BY THE CITY, TOGETHER WITH THE CONTENTS THEREIN; AUTHORIZING PAYMENT; AND FOR.OTHER PURPOSES; (Contract,to Cobb, Atkins, Boyd and Eggleston, Inc. for three -year period beginning April 11, 1975) and upon a complete reading of the Resolution, there was a motion by Director Dailey, seconded by Director Linkous, for adoption of the Resolution. A roll call was taken, and the Resolution was' therefore adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey.and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. Director Bussey was excused at this point. Ordinance No. 13,023 was the next presentation, and is described as: AN ORDINANCE AWARDING CONTRACTS FOR FIRE DEPARTMENT EQUIPMENT AND PORTABLE TRUCK SCALES FOR THE PUBLIC WORKS DEPARTMENT; AMENDING ORDINANCE N0. 13,016; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Portable truck scales for.use by Sanitation Department; Ordinance.No. 13,016 amended pertaining to pur- chase of computer equipment from Varian Data Machines Company) and the Ordinance,;was then read the first time. The rules were subsequently suspended and the Ordinance placed on second reading by motion of.Director Hollingsworth, seconded by Director Keith, and by unanimous vote of the members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, there was an, ensuing motion to again suspend the rules to 'allow for the third and final reading of the Ordinance at this time; with the motion being made by Director Keith, seconded by Director Hollingsworth, and adopted by unanimous vote of the members of the Board of Directors present ,'being:five'in number and two - thirds or more of, the members of the Board of Directors - elect. The third and last'reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance and recorded as follows: Ayes- Directors Keith, and Dailey, Mayor Wimberly, Directors Linkous and Hollingsworth - total 5; Noes.- None; Absent - Directors Bussey and Young .- .total 2. The:Ordinance was declared passed. ;The next item presented was Ordinance No. 13,024,,containing the following title: AN ORDINANCE AUTHORIZING -THE CITY MANAGER TO MAKE APPLICATION FOR LEAA FUNDS TO BE USED FOR THE FIRST OFFENDER PROGRAM.; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; ($3,539 appropriated from the unappropriated balance of the General Fund) with the Ordinance being read the first time. There was an ensuing motion from Director Hollingsworth, seconded by Director Keith, to suspend the rules and place the Ordinance on its second 'reading.- The ' motion was adopted by unanimous vote of the members of the Board of Directors present, being five in number and two- thirds or more of the members of the Board of..Directors- elect; and the Ordinance was then read the second time. There was a further suspension of the rules at this time to allow for the third and final reading of the Ordinance, by motion of Director Keith, seconded by Director Hollingsworth, which was unanimously adopted by members of the Board of Directors present, being five in number and two = thirds or more of the members of the Board of Directors- elect. There was a -third and last reading of the Ordinance, which was followed by an Aye and No Vote taken on the passage of the Ordinance and resulting as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Hollingsworth - total 5; Noes - None; Absent - Directors Bussey and Young - total 2. It was announced that the Ordinance had passed. Director Bussey was re- enrolled at this time. I APRIL 1, 1975, Cont'd. There was presented an Ordinance,..No. 13,025, entitled: AN ORDINANCE REPEALING SECTIONS,10 -18 AND 10 -41 OF THE CODE OF ORDINANCES AND ABOLISHING THE FRATERNAL AND OAKLAND CEMETERY BOARDS AS NOW CONSTITUTED, TO BE EFFECTIVE JUNE 1, 1975; CREATING THE OAKLAND- FRATERNAL CEMETERY BOARD; PROVIDING FOR THE TERMS FOR BOARD - MEMBERS.; AND FOR OTHER PURPOSES;.. and there was a first reading of the Ordinances, followed by a motion from Director Bussey to suspend the rules to provide for the second reading of the Ordinance at this time. -The motion was seconded by Direc- tor Keith, and adopted by unanimous vote of the members of the Board-of Directors present, being six in number and two- thirds or more of the members of the Board of Directors- elect;_whereupon the Ordinance was read the second time. A subsequent motion was then made by Director Keith, seconded by Director Bussey, to again suspend the rules and place the Ordinance on its third and final reading; which motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resul in an Aye and No Vote being taken on the passage of the Ordinance, which is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes.- None; Absent - Director Young - total 1.- The Ordinance was therefore declared to have been passed. Ordinance No. 13,026 was.considered at this time, with the title- being: AN ORDINANCE APPROVING PHASE II OF THE GEYER SPRINGS ROAD IMPROVEMENT PROJECT AND COMMITTING THE CITY'S PARTICIPATION IN THE COST THEREOF; APPROPRIATING FUNDS; AUTHORIZING.THE PREPARATION OF PLANS AI4D SPECIFICATIONS FOR THE WIDENING AND IMPROVING OF JOHN BARROW ROAD FROM MARKHAM STREET TO 12th STREET; AND FOR OTHER PURPOSES; w (Appropriating $300,000':from the unexpended balance of the Street Fund for the City's share of Geyer Springs Road project) which Ordinance was read the. first time. A.motion ensued from Director Hollingsworth, seconded by Direc- tor Keith, to suspend the.rules to allow for the second reading of the Ordinance at this point; with the motion being unanimously adopted by members of the Board.of Directors present,.being two - thirds or more of the members of the Board of Directors- elect. The.Ordinance was read the second time; after which a subsequent motion was made by Director Hollingsworth, seconded by Director Keith, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted-by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the mem- bers of the Board-of Directors - elect; with the Ordinance then :being read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth total 6; Noes - None; Absent - Director Young - total 1. It was.announced that the Ordinance had passed. Director Hollingsworth was excused. Also presented was Resolution No. 5,352, entitled; A RESOLUTION.PROVIDING FOR THE CARRY OVER.OF CETA FUNDS FROM FISCAL YEAR 1975 TO FISCAL YEAR 1976; AND FOR OTHER PURPOSES; - and there was a complete reading of the Resolution, which was thereafter adopted.upon motion of Director Bussey, seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith and Dailey Mayor Wimberly, Directors Linkous and Bussey - total 5; Noes - None; Absent - Directors Hollingsworth Young - total 2. Introduced at this time was Resolution No. 5,353, with the description being; A RESOLUTION ESTABLISHING A SCREENING COMMITTEE FOR THE 'PURPOSE OFICHOOSING A PLANNING CONSULTANT;1111111 AND FOR OTHER PURPOSES; with the Resolution being read in.its entirety A motion was then made by Director Bussey, seconded by Director Linkous, that the Resolution be adopted. A roll call was taken which adopted the Resolution by.. the following vote: Ayes - Directors Keith .and Dailey, Mayor Wimberly, Directors Linkous and Bussey - total 5; Noes - None; Absent - Directors Hollingsworth and Young - total 2. 1 J APRIL 1, 1975, Cont'd. - .. Resolution No. 5,354 was the next presentation, and contained the following title: A.RESOLUTION•MAKING APPOINTMENTS TO THE CITY SAFETY COMMISSION: AND FOR OTHER PURPOSES; - (Mr. Bob.James, Mr'. Clark.Eastham, Mr. William N. Gentry and Mr. Cliff Ford) and after the Resolution�was lead in full,, there.was,a motion by Director Bussey for adoption of the Resolution. The motion was seconded by Director - Keith, "and the resulting roll call vote adopted the Resolution as follows; Ayes - Directors Keith and Dailey, Mayor- Wimberly, Directors Linkous and Bussey - total 5; Noes— None;. Absent - Directors Hollingsworth and Young?- total 2. There was presented Resolution!No. 5 ;355., entitled: - - - - RESOLUTION OF THE BOARD OF DIRECTORS.OF THE CITY OF LITTLE ROCK, ARKANSAS; AUTHORIZING AN EASEMENT FOR A RECTIFIER UNIT IN BUTLER PARK ON RODNEY PARHAM ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; -. with there: -being a full reading of the Resolution. A motion by Director Dailey, seconded by.Director Keith, led to a roll call vote which adopted the Resolution as herein recorded: Ayes - Directors Keith and - Dailey, Mayor Wimberly, Directors Linkous and Bussey _ .total 5; Noes - None;.'Absent - Directors Hollingsworth and Young - total 2: The -final item presented from the Official Agenda was Resolution No. 5,356, described as: A RESOLUTION,MAKING APPOINTMENTS TO'THE SIGN BOARD OF REVIEW; PROVIDING FOR THE TERMS THEREOF; AND FOR OTHER PURPOSES; (Mr. David Henderson, Mr. Frank James,.-Mr, Vincent Cox, Mr.'Gary Lay, -Mr. Frank Lambright) and there was a complete reading of the Resolution, followed by a motion from Director.Linkous, that the Resolution be adopted. The motion was seconded by Director Dailey, and the resulting roll call vote adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly; Directors Linkous, and Bussey - total 5; 'Noes — None; Absent - Directors - Hollingsworth and -Young - total 2. - ` Speaking -first under the-.-time allotted for Citizens' Communications was Mrs. Judy.Green,'represent- ing the Southend Neighborhood Act -ion Council. A- Petition was presented by -Mrs. Green which requested the removal of certain "No Parking" Signs in -the vicinity of 32nd and Izard Streets. She advised that on Izard Street the residents have no place,to park their cars since the placing of-the signs, a -s there are no alleys or driveways on this streeti She further stated.that- her organization would accept -a compro- mise whereby parking would be allowed on one side of the.street.only. Mr. Don•R. Venhaus`, Director of the'Department of-Community Development, maintained that because of-the considerable amount of-traffic - on this very narrow street, the only options available would b'e to either widen the street or restrict parking. However, at the suggestion of -the Board -of Directors, Mr. Venhaus agreed to-have his•Staff - study the situation further and meet with the Southend -group.in an effort to arrive at a solution to the - problem. The next speaker was Mr. Bob May of 9305 Labette'Street -in the Twin Lakes Subdivision, who dis- cussed the subject of dogs which-are allowed' to run loose is this area. - He maintaine'd'-:that -some of the dogs in this vicinity are allowed to run loose after 5:00 P. M., when the owners are aware that the Animal Control Department is closed, and that considerable damage has been done to his yard as a result: Mr. May requested that the City enact a "good leash law ", or assist in any other way possible to correct this'situation. Director Keith, in response, suggested that the judges in the; -City be'contacted -to see if the courts could assist by hearing cases brought about by persons'sustaining damage to their - property in instances -such-as this: Director2Dailey and Mayor Wimberly requested that a report be made by the City's staff, with suggestions for handling this problem, and that the outcome be reported to Mr. May. ' There being no further`business,to be presented or to come before the Board.of Directors, upon motion of Director Bussey, seconded by Director Linkous, and by unanimous vote of the members of the Board of Directors present, the meeting was adjourned at 8:35 b'clock P. M., to meet again in regular session on Tuesday, April 15, 1975 at 7:30 o'clock P.'Mi , ATTEST.: _ APPROVED: City Clerk Mayor !0 Board of Directors Chamber Little Rock, Arkansas April 15, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Katherine Highfill, Assistant City Clerk; and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. As there was a quorum in attendance, it was so announced, and the following proceedings occurred: The Invocation was given by Mayor Wimberly. The reading of the minutes of the previous meeting held on April 1, 1975 was dispensed with and said minutes were approved as written and summarized to the Board of Directors upon motion of Director Young, seconded by Director Hollingsworth, and by unanimous vote of the members of the Board of Directors First presented from the Official Agenda were two Zoning Petitions, approved by the Planning Commis- sion and described as follows: Z -2898 - Petition from Christopher C. Mercer, Jr. for the Cammack Estate, to rezone 4201 East' Roosevelt Road (lengthy legal description contained in Petition) from "A" One- family District to "I" Ligh Industrial District; subject to the deletion of a small detached lot lying to the east and within the Airport-Runway acquisition boundary. -2906 - Petition from Samuel L. Raines for W.-I. Wade, Jr., to rezone 7101 Kentucky Street and 7021 Cantrell Road (See Petition for lengthy legal description) from "A" One- family and "D" Apartment Distri to "F" Commercial, "D" Apartment and "E -l" Quiet Business Districts. - As there was no one'present in opposition to the rezoning of the above - described properties, an nance to reclassify same was placed on first reading. (See Ordinance No. 13,027, as follows) Ordinance No. 13,027 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43--2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time; after which there was a motion by Director Bussey to suspend the rules and place the Ordinance on its second reading. The motion received a second from Director Dailey, and was adopted by unanimous vote of the members of the Board of Directors present, being seven i number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion from Director Bussey, seconded by Director Keith, to again suspend the rules to allow for the third and final reading of the Ordinance at this time. The motion was unanimously adopted by members of the Board of Directors present; being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance followed by an Aye and No Vote taken,-on the passage of the Ordinance, which resulted as described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollings- rth and Young - total 7; Noes - None; Absent - None. The Ordinance was declared passed. The next item presented was Zoning Petition No. Z -2911 from Bill McClard of Putnam -Hess Realty, Inc., behalf of Mrs. Lilly Brown Beadle, to rezone the 3200 block of Mary Street, described as Lots 1,. 2, 3 4, Block 21, C. 0.- Brack's Addition to the City of Little Rock, Arkansas, from "B" Residence District "I" Light Industrial District. The Petition having received the approval of the Planning Commission April 4, 1975 and with there being no one present in opposition to the requested rezoning, an Ordinance reclassify this property was placed on first reading. (See Ordinance No. 13,028, below) Presented at this time was Ordinance No. 13,028, entitled: AN ORDINANCE RECLASSIFYING 3200 BLOCK OF MARY STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING ' CTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; th there being a first reading of the Ordinance. The rules were then suspended and the Ordinance placed its second reading by motion of Director Bussey, seconded by Director Keith, and by unanimous vote of members of the Board of Directors present, being seven in.- number and two - thirds or more of the members Linkous, :Bussey, Hollingsworth and Young - total 7; Noes - -None; Absent - None.. It was therefore announced that the Ordinance had passed. A Public Hearing, continued from March 18, 1975, was scheduled at this-time for the purpose of hear- ing arguments pertaining to a Petition by Herman D. Voss -to vacate and close the North -146.1 feet of Vogler Street.at its intersection with West 12th-Street.- However, it was announced by Mr. Don R. Venhaus Director of the Department of Community Development, that.the diverse parties concerned with.this matter had reached an agreement; and the item could now be removed from the Agenda. A,motion was. -made by Direc- tor Bussey., seconded by Director Keith, and unanimously adopted by the Board members present, whereby the item was accordingly removed from the-Agenda; and the proposed Ordinance was not presented. A.Comparative Statement of Income Account for the - Little Rock Municipal Water Works for the month of February, 1975 was presented at this point, and subsequently received and filed by.a motion.from Director Bussey, seconded by Director Keith, which was unanimously adopted by members of the Board of Directors present. Resolution No. 5,357 was introduced, with the title being: A RESOLUTION AWARDING CONTRACTS FOR THE. PURCHASE -OF CERTAIN- ITEMS; AMENDING RESOLUTIONS NO. 5,322 AND NO.: 5,341; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Purchases for the Street Department, the Parks Department, and the Police Department) and the Resolution was read in its entirety;, after which a motion from Director Bussey, seconded by Dir for Keith, resulted in a roll call which adopted.the Resolution by the following vote: Ayes - Directors Keith and Dailey, Mayor- Wimberly,.Directors Linkous, Bussey, Hollingsworth and Young - total.7; Noes — None; Absent None. At this time, Ordinance No. 13,029 was presented, described as: AN ORDINANCE AWARDING A CONTRACT TO WHITEHURST BROTHERS.' INC. FOR THE CONSTRUCTION OF THE NEW CENTRAI FIRE STATION; TRANSFERRING RESERVED STREET FUNDS TO THE GENERAL FUND.FOR USE IN SAID.CONSTRUCTION;,APPRO= PRIATING FUNDS; AUTHORIZING PAYMENT; AND FOR OTHER.PURPOSES, and there was a first reading of the Ordinance. A motion was then made by Director Dailey to.suspend.the rules and place the Ordinance on its second reading; which motion was seconded by Director Keith,.and unax mously adopted by members of the Board.of Directors.present, being seven,in number and two- thirds -or more ., III I III of. the members of the Board of Directors - elect.. The Ordinance. was read the second time; 'followed by a motion to again suspend the -rules for the third.and final.reading of.the Ordinance, with the motion bei made and seconded by Directors Dailey and Keith, respectively, and adopted by unanimous vote of the memb of the.Board of Directors - present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and .last reading of the Ordinance-,.which led to an Aye and No Vote taken on the passage of.the.Ordinance and resulting as follows: .Ayes - Directors Keith and Dailey; Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total- 7;.-Noes - ,None;: Absent -,None. An announcement was made -that the Ordinance had passed. . The City of Little Rock's Financial Statement for the.first quarter.of 1975 was presented at this time; and by motion of Director Bussey,.seconded by Director Young and unanimously adopted by the Board members - present, the Financial Statement was.received.and filed. There was presented Ordinance No. 13,030, entitled: AN ORDINANCE AMENDING SECTION 37 -3 (e) OF-THE CODE OF ORDINANCES PERTAINING TO APPROVAL OF PRE. PLATS BY PROVIDING AN ADDITIONAL PARAGRAPH (4); AND FOR OTHER PURPOSES; !1 APRIL 15, 1975, Cont'd. 1' of the Board of Directors - elect,. Upon second reading of the Ordinance, an ensuing motion was made by Director Bussey, seconded by Director Dailey, to further suspendothe rules to provide for the third and final reading of, the Ordinance., which motion was.unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance then resulted in an Aye and No Vote being taken on.the passage of the Ordinance, and.is recorded_as follows: Ayes. — Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, :Bussey, Hollingsworth and Young - total 7; Noes - -None; Absent - None.. It was therefore announced that the Ordinance had passed. A Public Hearing, continued from March 18, 1975, was scheduled at this-time for the purpose of hear- ing arguments pertaining to a Petition by Herman D. Voss -to vacate and close the North -146.1 feet of Vogler Street.at its intersection with West 12th-Street.- However, it was announced by Mr. Don R. Venhaus Director of the Department of Community Development, that.the diverse parties concerned with.this matter had reached an agreement; and the item could now be removed from the Agenda. A,motion was. -made by Direc- tor Bussey., seconded by Director Keith, and unanimously adopted by the Board members present, whereby the item was accordingly removed from the-Agenda; and the proposed Ordinance was not presented. A.Comparative Statement of Income Account for the - Little Rock Municipal Water Works for the month of February, 1975 was presented at this point, and subsequently received and filed by.a motion.from Director Bussey, seconded by Director Keith, which was unanimously adopted by members of the Board of Directors present. Resolution No. 5,357 was introduced, with the title being: A RESOLUTION AWARDING CONTRACTS FOR THE. PURCHASE -OF CERTAIN- ITEMS; AMENDING RESOLUTIONS NO. 5,322 AND NO.: 5,341; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Purchases for the Street Department, the Parks Department, and the Police Department) and the Resolution was read in its entirety;, after which a motion from Director Bussey, seconded by Dir for Keith, resulted in a roll call which adopted.the Resolution by the following vote: Ayes - Directors Keith and Dailey, Mayor- Wimberly,.Directors Linkous, Bussey, Hollingsworth and Young - total.7; Noes — None; Absent None. At this time, Ordinance No. 13,029 was presented, described as: AN ORDINANCE AWARDING A CONTRACT TO WHITEHURST BROTHERS.' INC. FOR THE CONSTRUCTION OF THE NEW CENTRAI FIRE STATION; TRANSFERRING RESERVED STREET FUNDS TO THE GENERAL FUND.FOR USE IN SAID.CONSTRUCTION;,APPRO= PRIATING FUNDS; AUTHORIZING PAYMENT; AND FOR OTHER.PURPOSES, and there was a first reading of the Ordinance. A motion was then made by Director Dailey to.suspend.the rules and place the Ordinance on its second reading; which motion was seconded by Director Keith,.and unax mously adopted by members of the Board.of Directors.present, being seven,in number and two- thirds -or more ., III I III of. the members of the Board of Directors - elect.. The Ordinance. was read the second time; 'followed by a motion to again suspend the -rules for the third.and final.reading of.the Ordinance, with the motion bei made and seconded by Directors Dailey and Keith, respectively, and adopted by unanimous vote of the memb of the.Board of Directors - present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and .last reading of the Ordinance-,.which led to an Aye and No Vote taken on the passage of.the.Ordinance and resulting as follows: .Ayes - Directors Keith and Dailey; Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total- 7;.-Noes - ,None;: Absent -,None. An announcement was made -that the Ordinance had passed. . The City of Little Rock's Financial Statement for the.first quarter.of 1975 was presented at this time; and by motion of Director Bussey,.seconded by Director Young and unanimously adopted by the Board members - present, the Financial Statement was.received.and filed. There was presented Ordinance No. 13,030, entitled: AN ORDINANCE AMENDING SECTION 37 -3 (e) OF-THE CODE OF ORDINANCES PERTAINING TO APPROVAL OF PRE. PLATS BY PROVIDING AN ADDITIONAL PARAGRAPH (4); AND FOR OTHER PURPOSES; !1 72 APRIL 15, 1975, Cont'd. and said Ordinance was read the first time. It was explained by Community Development Director Don R. Venhaus that the contents of this Ordinance would serve to negate all previously submitted preliminary - plats and their various points of approval on -a piece of property at the time a new preliminary plat is I submitted. At the motion of Director Bussey, which was seconded by Director•Keith and unanimously adopted by members of the Board of Directors present, being seve4j:,in number and two-thirds-or more of the members of the Board of Directors - elect, the rules were suspendbd for the second reading of the Ordinance: The Ordinance was then read the second time, with a subsequent motion being made by Director Young, seconded by Director Bussey, to suspend the rules to provide for the third and final reading of the Ordinance'at' this time. The motion was adopted by unanimous vote of the members of the Board of Directors present, - being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the third and last reading of the Ordinance was accomplished. The question of the passage of the Ordinance was at this time submitted to an Aye and No Vote which resulted as follows; Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent- None. The Ordinance was declared to have been passed. The next presentation was Resolution No. 5,358, containing the following title: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO TAKE WHATEVER LEGAL ACTION MAY BE REQUIRED TO CAUSE NATURAL GAS FACILITIES IN CERTAIN STREETS TO BE RELOCATED IN THE MODEL NEIGHBORHOOD; AND FOR OTHER PUR- POSES; which Resolution was then read in its entirety; and subsequently adopted by motion of Director Dailey, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith and Dailey, Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Presented at this time was Resolution No. 5,359, described as: A RESOLUTION ENDORSING HOUSE RESOLUTION No. 18 OF THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS FOR 1975 PERTAINING TO THE PRODUCTION OF FREE FOOD; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. Mr. James R.Lynch, Administrative Assistant to the City Manager, advised that the City of North Little Rock plans to adopt this program, and that various com- munity groups are planning to become involved with the program. A motion was then made by Director Keith and seconded by Director Young, which resulted in a roll call vote adopting the Resolution as follows: Ayes - ;1Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. There was presented Resolution No. 5,360, entitled: A RESOLUTION AMENDING RESOLUTION NO. 5,340 PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT AP- PLICATION; AND FOR OTHER PURPOSES; with the Resolution being read in full. There was a motion by Director Keith, seconded by Director Linkous, for adoption of the Resolution. A roll call was taken whereby the Resolution was adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollings- worth and Young - total 7; Noes - None; Absent - None. Introduced at this time was Resolution No. 5,361, described as; A RESOLUTION MAKING APPOINTMENTS TO THE CIVIL SERVICE COMMISSION; AND FOR OTHER PURPOSES; (Charles Crawford and Steve F. Baker) and there was a complete reading of the Resolution, followed by a motion from Director Dailey, seconded by Director Keith, which led to adoption of.the Resolution by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Resolution No. 5,362 was presented, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE SIGN BOARD OF REVIEW; FIXING THE TERMS OF THE INITIAL APPOINTMENTS; AND FOR OTHER PURPOSES; (Carl L. Brunch and Charles Witsell, Jr.) APRIL 15, 1975, Cont'd. . and after a full reading.of the Resolution, there was a motion by Director Young that the Resolution be adopted. The motion received second from Director Keith,and was:-submitted to a roll call vote which - adopted the Resolution as herein described: Ayes - Directors Keith and.Dailey, Mayor Wimberly, Directors ' Linkous, Bussey, Hollingsworth and Young - .total.7; Noes - None; Absent - None. The final presentation was Resolution-No. 5,363, described as: A RESOLUTION NAMING A CZAR OF GOLF OF THE LITTLE ROCK MUNICIPAL COURSES; PRESCRIBING HIS AUTHORITY; WISHING "HIM.WELL; DECLARING Ali EMERGENCY; AND FOR OTHER PURPOSES; and the City Attorney read the Resolution in full. A motion by Director Keith, seconded by Director Bus'seyyresulted in a roll call vote which adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - -None. As there was no further business to -be presented or to come before the Board of Directors, upon motion from Director Hollingsworth, seconded by Director Keith, and by unanimous vote of the members of the Board, the meeting was adjourned at 8:05 o'clock P. M., to meet again in regular session on Tuesday,' May 6, 1975 at 7:30 o'clock P. M. ATTEST: R/YCQJ �4Y APPROVED: �� f w V , City Clerk Mayor 0 �3 74 Board of Directors Chamber Little Rock,,Arkansas, April 30, 1975 - 3:00 P. M. The Board of Directors of the City of tittle Rock, Arkansas met in a special session called by r Wimberly, who presided, and in attendance were Katherine Highfill, Assistant. City Clerk, and the following Directors: Directors Keith, Linkous, Bussey and Young"- total 4; Absent: Directors Dailey and Hollingsworth - total 2. The first item presented for consideration was Ordinance No. 13,031, entitled: AN ORDINANCE APPROVING THE REIMBURSEMENT TO THE CITY BY CENTRAL ARKANSAS TRANSIT, ACTING THROUGH ROPLAN, OF CERTAIN REVENUE SHARING FUNDS HERETOFORE PAID; REPEALING ORDINANCES NUMBERING 13,015 AND 13,021; AND FOR OTHER PURPOSES; th the Ordinance being read the first time. It was explained at this time by City Attorney Joseph C. that of the City's total 1975 commitment of $140,000 to cover the operating deficit of Central as Transit, $78,239.99 had heretofore been paid through an appropriation from Federal Revenue Shar- ing Funds; and the purpose of this reimbursement was to replace the $78,239.99 into the Revenue Sharing Account and subsequently appropriate the total annual commitment of $140,000 from the General Fund, thereby qualifying the City for a matching share'in Federal funds. Mr. Lynn Lloyd, who had recently com- pleted an audit of City funds, was in attendance and stated that this would be the most appropriate way of reinstating the Revenue Sharing Funds. A motion was then made by Director Linkous, seconded by Direc- Bussey, to suspend the rules and place the Ordinance on its second reading; with the motion being unanimously adopted by members of the Board of Directors present, being five in number and two - thirds or of the members of the Board of Directors - elect. There was a second reading of the Ordinance, and an ensuing motion from Director Bussey for a further suspension of the rules to allow for the third and reading of the Ordinance at this time. The motion received a second from Director Young and unanimous adoption by members of the Board of Directors present, being five in number and two - thirds or more of the of the Board of Directors - elect. The third and last reading of the Ordinance then resulted in an and No Vote being taken on the passage of the Ordinance, and is recorded herein as follows: Ayes - ctor Keith, Mayor Wimberly, Directors Linkous, Bussey and Young - total 5; Noese- None; Absent - Dailey and Hollingsworth - total 2. It was then announced that the Ordinance had been passed. Also presented, subsequent to the preceding matter, was Ordinance No. 13,032, described as: AN ORDINANCE APPROPRIATING THE SUM OF $140,000.00 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND BE USED FOR PAYMENT IN DEFRAYING THE COSTS OF OPERATION OF CENTRAL ARKANSAS TRANSIT; AND FOR OTHER i Ordinance was read the first time. The rules were then suspended and the Ordinance placed on its second reading by motion of Director Bussey, which was seconded by Director Linkous and adopted by unani- mous vote of the members of the Board of Directors - elect. Commenting on this matter, Director Keith urged that this $140,000 commitment be "respected" as a proper commitment, having been made after discussion and thought by the Board members, and that no further commitment for this purpose be con- sidered during the year 1975. A second reading of the Ordinance ensued, and was followed by a motion fr Director Young to again suspend the rules to provide for the third and final reading of the Ordinance at this time. The motion received a second from Director Bussey and unanimous adoption by members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of ctors - elect; and the Ordinance was read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Director Keith, Mayor Wimberly, Directo , Bussey and Young - total 5; Noes - None; The Ordinance was declared passed. Absent - Directors Dailey and Hollingsworth - total 2. 0 75 APRIL 30, 1975, Cont'd There being no further business to be presented. or to come before the Board of Directors, upon motion of Director Bussey, seconded by Director Keith, and by unanimous vote of the Board members present, the meeting was adjourned at 3:30 o'clock P. M.,, to.meet again in regular sessi6n.on Tuesday,_May 6; 1975 at 7:30 o'clock P. M. ATTEST: - _ APPROVED:. City Clerk Mayor 76 Board of Directors Chamber Little Rock, Arkansas May 6, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Young - total 5; Absent - Director Hollingsworth - total 1. As there was a quorum present, it was therefore announced, and the meeting proceeded as herein recorded: The Invocation was given by Mayor Wimberly. The reading of the minutes of the previous meeting held on April 15; 1975, and the special meeting of April 30, 1975, was dispensed with and said minutes were approved as written and summarized to the Board of Directors upon motion of Director Dailey, seconded by Director.Keith, and by unanimous vote of the members of the Board of Directors present. The meeting began with the reading by Mayor Wimberly of a Proclamation designating the week of May 5, 1975 through May 9, 1975 as Municipal Clerk's Week. Then presented was Resolution No. 5,364, entitled: A RESOLUTION DESIGNATING A CHAIRMAN FOR THE BICENTENNIAL CELEBRATION FOR THE CITY OF.LITTLE ROCK, ARKANSAS; (Dr. J. Fred Williams, of the Arkansas Historical Society) with there being a complete reading of the Resolution; after which there was a motion by Director Linkous for its adoption. The motion being seconded by Director Keith, was then submitted to a roll call vote which adopted the Resolution as follows: Ayes - Directors Keith and Dailey; Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director Hollingsworth - total 1. The Audit Report by the firm of Lloyd, Haigh, Brock and Company, Ltd. of the City's Revenue Sharing Funds for the year ending December 31, 1974 was presented at this time;'and'upon motion of Director seconded by Director Bussey, and by unanimous vote of the Board members present, the Audit Report was received and filed. The next presentation, being Resolution No. 5,365, described as: A RESOLUTION AWARDING CONTRACTS FOR CERTAIN PURCHASES AND OUTDOOR LIGHTING AT THE SOUTH LITTLE ROCK COMMUNITY CENTER; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Street Sweeper for Public Works; Greens Mowers for Parks Department; Trucks for Public Works, General,Services, Animal Control, Parks, and Traffic Engineering Departments) was read in its entirety. A motion was made by Director Bussey, seconded by Director Keith, which called for adoption of the Resolution; and the ensuing roll: call vote adopted the Resolution as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director Hollingsworth - total 1. Director Hollingsworth was enrolled at this point in the meeting.- Ordinance.No. 13,033 was presented, with the title being: AN ORDINANCE TRANSFERRING CERTAIN GENERAL REVENUE SHARING FUNDS AND CERTAIN STREET FUNDS TO THE CITY OF LITTLE ROCK GENERAL FUND; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Keith, which was'seconded by Director Bussey and adopted by unanimous vote of the members of the Board of Directors present,-being seven in number and two - thirds or more of the members of the Board of Directors - elect.- The Ordinance-was then read the second time; after which a motion ensued whereby the rules were again'suspended -.and the Ordinance was placed on its third and final reading, with the - motion being made and seconded by Directors Dailey and Bussey, respectively, and unanimously adopted by members of the Board of Directors.present, being 1 77 MAY 6 1975, Cont'd. seven in number and two - thirds or more of the members of the Board of-Directors- elect. The third and last reading of the Ordinance resulted in a roll call vote being taken'on "the passage of the Ordinance, ' the outcome of which is described as follows: Ayes — Directors Keith and Dailey; Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes- - -None; Abstaining-= Director Hollingsworth - total 1; Absent --None. The Ordinance was declared passed. Presented at this time was Resolution No. 5,366, entitled: A RESOLUTION AWARDING A CONTRACT FOR THE REPAIR OF A TD -25C BULLDOZER AT THE LITTLE-ROCK LANDFILL; WAIVING COMPETITIVE BIDDING: AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; r (Contract to Little Rock Road & Machinery Company at a price not to exceed $6,699.12) with said Resolution being read in full. There was a motion then made by Director-Keith, seconded by. Director Linkous, which lead to a roll call vote which adopted.the Resolution' as'herein described: Ayes - Directors Keith and Dailey, Mayor. Wimberly, Directors' Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The next presentation, Resolution No. 5,367, contained the following title: A RESOLUTION TRANSFERRING AND REALLOCATING MODEL CITIES FUNDS ;'AND F-0. R,OTHER PURPOSES; and the Resolution was read in its entirety. A lengthy discussion evolved from inquiries by Directors Young and Hollingsworth concerning the amending of the Re soli ution to' include funding for a Legal Aid Project. The City Manager, Mr. Carleton McMullin, advised that the City would be unable to continue indefinitely various projects heretofore funded by Model Cities Funds, which will terminate June 30, 1975. Mr. McMullin explained that it was the Staff's recommendation to discontinue'Legal Aid; however, the exclusion of this project from the reallocated funds included in this-Resolution did not definitely rule out the possible funding of -the project from another source. Director Linkous expressed his concurrence with the Staff's position on this matter,- -and called for a'vote`on the Resolution at this time, adding that the Legal Aid Bureau had been informed in 1974 that'the project would not be continued and also had been notified in ample, time to apply for - funding - under -the, Community` Development Grant. Following a motion by Director Dailey, seconded by-Director Linkous;'the adoption of'the Resolution was submitted to a roll call vote which resulted as follows: Ayes - Directors Keith and Dailey, .Mayor Wimberly, Directors Linkous and Bussey - total 5; Noes - Directors Hollingsworth'and Young - total 2; Absent - None. It was announced that the Resolution had been adopted; after which the discussion resu briefly when Director Dailey questioned the possibility of-considering the continuation of the Legal Aid Project and its funding at this time. Director Young suggested at this time that-the Board review the recommendations of the staff in this matter, and added however that the Board .should not consider itself bound by the staff's recommendations. Introduced at this time-was Resolution No, 5,368,'described as: A RESOLUTION AUTHORIZING THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION TO PLACE 'CERTAIN. POWER AND CONTROL CABLES UNDER NINTH STREET AT A POINT WHERE THE CENTERLINE OF THE NORTHEAST /SOUTHWEST RUNWAY EXTENDED INTERSECTS WITH EAST NINTH STREET; AND FOR OTHER PURPOSES; and the Resolution was read in full. A motion was then made by'Director Dailey and seconded by Director Young which resulted in adoption of the Resolution-by the following roll call voter Ayes - Directors Keithgand Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes- None; Absent — None. Considered at this time was-Ordinance No. 13,034, entitled: AN ORDINANCE WAIVING THE MASTER STREET PLAN;'.AUTHORIZING'A BUILDING PERMIT; AND FOR OTHER PURPOSES; (2925 South Cedar Street) and there was a first reading of the Ordinance; after which Director Linkous made a motion to suspend.: the rules and place the Ordinance on its second reading. The motion -was seconded-by Director Bussey and adopted by unanimous vote of.the members of,the Board of Directors present, being seven in number MAY 6, 1975, Cont'd. I and two - thirds or more of the members of the Board of Directors - elect; and the second reading of-the Ordinance followed. A subsequent- motion was then made by Director Bussey, seconded by Director Linkous, for a further suspension of the rules to allow.for.the third and final "reading -of the Ordinance; which , motion was adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors-elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance, which vote is recorded as follows: Ayes - Directors Keith and Dailey,.Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. It was therefore, announced that the Ordinance had passed. Ordinance No. 13,035 was presented at this point, with the title being: AN ORDINANCE AMENDING CHAPTER 9 OF -THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS DELETING REFERENCES TO SIGNS; and upon first reading of the Ordinance, there was a motion by Director Young to suspend the rules and place the Ordinance on its second reading. The motion received a second by Director Dailey and unanimous adoption by the members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A motion I then followed from Director Keith, seconded by Director Dailey, that the rules again be suspended to provide for the third and final reading of the Ordinance; with the motion being unanimously adopted by members of the Board of Directors.present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, with an Aye and No Vote then being taken on the passage of the Ordinance and resulting as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey, Hollingsworth and Young - total 6; Noes - None; Abstaining - Director Linkous - total 1; Absent - None. The Emergency Clause contained-in Section 3 of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey, Hollingsworth and Young - total 6; Noes - None; Abstaining - Director Linkous - total l; Absent - None. It was then announced that the Ordinance, together with the Emergency Section had been passed. . There was presented Ordinance No. 13,036, entitled: AN ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE-ROCK, ARKANSAS I{11 4 DELETING REFERENCES TO SIGNS; - with said.Ordinance being read the first time, and followed by a motion from Director Bussey for a suspension of the rules.to allow for-the second reading of the Ordinance. As the motion was seconded by Director Young and adopted by.unanimous. vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the-members of the Board of Directors - elect, the Ordinance was then read the second time. The rules were subsequently suspended and the Ordinance placed on its third and final reading by a motion again made and seconded by Directors Bussey and.Young, respectively, and, unanimously adopted by members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors- elect. Upon third and last reading of the Ordinance, there was an Aye and No Vote on the passage of the Ordinance which resulted as follows: Ayes - D-recto Keith and Dailey, Mayor Wimberly, Directors Bussey, Hollingsworth and Young - .total 6; Noes - None; Abstaining - Director Linkous - total 1; Absent - None. The Emergency Clause described in Section 5 of the. above described Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey, Hollingsworth and Young - _total 6; Noes - None; Abstaining - Director Linkous - total l; Absent - None. The Ordinance, including the Emergency Section,..was then declared passed.. I/ MAY 6, 1975, Cont'd. The next item presented for consideration -was Ordinance No. 13;037, entitled:. AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL CITY MANAGEMENT.ASSOCIATION RETIREMENT. CORPORATION DEFERRED COMPENSATION PLAN; AND FOR -OTHER PURPOSES; and there was a first reading of the Ordinance: The, rules were then suspended and the Ordinance placed on its second reading by motion of Director Hollingsworth, seconded by Director Young, and by'unanimous vote of the members of the Board of Directors present, being seven - in.number and two= thirds or more of the members of the Board of Directors - elect.- There was a second reading of the Ordinance and -a sub- sequent motion-from Director Keith that the rules be suspended to allow for the third and last reading of the Ordinance at this time. The motion was seconded by Director Young and unanimously adopted by members of the Board of Directors present, being seven in ,number and'two- thirds or more of the members of the Board of Directors - elect; after which the Ordinance was read the third and. -last time. The Aye and No Vote taken on the passage of the Ordinance is.herein recorded as follows: Ayes - Directors Keit and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes.- None; Absent - None. The Ordinance was declared passed. Resolution No. 5,369 was presented, with the title being: A RESOLUTION AUTHORIZING A CONTRACT WITH R. L. POLK COMPANY FOR THE PURCHASE OF CERTAIN HOUSING �. INFORMATION; AND FOR OTHER PURPOSES; with said Resolution being read in its entirety; after which there was a motion "by Director Linkous, seconded by Director Young, which resulted in a roll call vote whereby-the Resolution was adopted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young total 7; Noes - None; - Absent - None. A lengthy discussion was--held at ihis-time pertaining to a proposed Resolution encouraging and promoting the continuation of Revenue Sharing. The proposed Resolution was endorsed by Director Hollingsworth, who also suggested that the City Manager prepare recommendations for presentation to the Board 'concerning additional revenue for the-City, including a city income tax. Director Linkous contended that any measures-taken at this'time concerning additional revenues or an income tax would'be "premature ", and that the Board should delay'any action until after the Arkansas Constitutional Conventi was held, at which time "Home Rule' measures might be granted the cities whereby Little Rock would be in a better position to deal with revenue problems. He added that the Board has waited a number of years without taking action of the revenue problem, -and that an additional six months would not greatly matter and would perhaps afford the City a better position from which to handle the problem. -In response to a question by Director Linkous, City Manager Carleton E. McMullin stated -that a study of various revenue producing measures was at present 75 per cent complete. It was noted by Director Young that the outcome of the Convention and•the completion of -the study would coincide, and he maintained that the current issue of conveying the wishes of the Board to -the Convention Delegation regarding the re- enactment of Revenue-Sharing should be the prime consideration at'this time. Director-Hollingsworth-insisted that the Board should'take definite measures at this -time rather than depend on the outcome of the convention which possibly would not be held.- Also; concurring in this opinion was Director Dailey, who agreed concerning the necessity of a immediate study of revenue sources. It was explained by City Manager McMullin that "we are trying to review each and every revenue source, including those which are not presently available but might be available in the future." Director Hollingsworth then restated his suggestion to amend the proposed Resolution in the form of the following motion: "That the-City Manager be requested to complete a study,of existing ways for the City of Little Rock to raise revenues and a means of enacting a City Income Tax for revenue purposes and present his recommendations to the Board of Directors for consideration." The motion was seconded by Director. Young, submitted to -a roll call vote, and adopted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly,'Directors Linkous; Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. (See Resolution No. 5,370 [-l►J MAY 62 1975, Cont'd. as follows) Subsequent to the foregoing discussion, there was presented Resolution No. 5,370, as amended and described as follows: A RESOLUTION REQUESTING THE ARKANSAS CONGRESSIONAL DELEGATION TO SUPPORT THE RE- ENACTMENT OF GENERAL REVENUE SHARING; AUTHORIZING THE MAYOR TO MAKE KNOWN THE POSITION OF THE BOARD OF DIRECTORS TO THE CONGRESSIONAL DELEGATION; ENCOURAGING THE CITIZENS OF LITTLE ROCK TO SUPPORT RE- ENACTME NT OF GENERAL REVENUE SHARING; REQUESTING CITY MANAGER TO PREPARE STUDY OF VARIOUS SOURCES OF REVENUE; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. Following a motion from Director Hollingsworth, seconded by Director Keith, the Resolution was then adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The next presentation, being Resolution No. 5,371, was entitled: I i A RESOLUTION APPROVING THE COMPREHENSIVE MANPOWER PLAN FOR THE YEAR 1975 AS AUTHORIZED UNDER THE FEDERAL COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973; AUTHORIZING THE FILING OF AN APPLICATION FOR GRANT FUNDS AND REALLOCATION OF FUNDS WITH THE UNITED STATES DEPARTMENT OF LABOR - MANPOWER ADMINISTRATION AND FOR OTHER PURPOSES; which Resolution was read in full. There was,an ensuing motion by Director Linkous, seconded by Di Keith, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Abstaining - Director Hollingsworth - total 1; Absent - None. Ordinance No. 13,038 was presented, entitled: AN ORDINANCE CONDEMNING CERTAIN BUILDINGS IN THE CITY OF LITTLE ROCK AS STRUCTURAL FIRE AND HEALTH HAZARDS; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND REMOVE SAID BUILDI. DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. A suspension of the rules followed and the Ordinance was placed on its second reading, by a motion from Director Bussey, seconded by Director Hollingsworth and adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The second reading of the Ordi- nance ensued, and the rules were again suspended to provide for the third and final reading of the Ordi- nance, as the result of a motion made and seconded by Directors Keith and Bussey, respectively, and unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance led to an Aye and No Vote on the passage of the Ordinance, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was then declared passed. There was presented Resolution No. 5,372, described as: A RESOLUTION MAKING APPOINTMENTS TO THE OAKLAND- FRATERNAL CEMETERY BOARD; AND FOR OTHER PURPOSES: (Walter N. Brandon, Jr., Frank Smith, R. E. Hawkins, S. Richard Sims, C. H. McCrory, Mrs. Inola H. Childress and Mrs. Lillian Thomas) and after a full reading of the Resolution, there was a motion by Director Bussey, seconded by Director Dailey, that the Resolution be adopted. At this time, Director Hollingsworth expressed an opinion for the record that "I am not opposed to the merger of the Boards, but am opposed to the manner in which it was accomplished; five members of-Oakland were reappointed, and no members of Fraternal were reappointed.) MAY 6i 1975, Cont'd. In rebuttal, Director Linkous pointed out,that no other names were submitted for appointment to this Board. It was then suggested, and the Board unanimously agreed, that a Resolution of Commendation be prepared for Mr. N. R. Bradford for his dedicated service while he was chairman of the Fraternal Cemetery Board. A roll call was.taken at this time and the above described Resolution making'appointments to the Oakland- Fraternal Cemetery Board was adopted by the following roll call vote:" Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - Director Hollings- worth - total 1; Absent - None. The final item from the Official Agenda, Resolution No. 5,373, was then presented, with the title being: A RESOLUTION MAKING AN APPOINTMENT TO FILL A VACANCY OF THE PLANNING COMMISSION OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (John P. McKay, Jr. to fill the unexpired term of W. J. McCollom) with the Resolution being read in its entirety; and thereafter adopted upon motion of Director Keith, seconded by Director Dailey, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - Total 6; Noes - Director Hollingsworth - total 1; Absent - None. As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Hollingsworth, seconded by Director Linkous, and by unanimous vote of the members of the Board of Directors.present, the meeting was adjourned at 8:50 o'clock P. M., to meet again in regular session on Tuesday, May 20, 1975 at 7:30 o'clock P. M. ATTEST: City Clerk APPROVED: 81 --1 Board of Directors Chamber Little Rock, Arkansas May 20, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor [limberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. ,It was announced by the Mayor that there was a quorum in attendance, and the meeting proceeded as herein recorded: The Invocation was given by Mayor Wimberly. ,y The reading of the minutes of the previous meeting held on May 6, 1975 was dispensed with and said minutes were approved as written and summarized to the Board members upon motion of Director Dailey, seconded by Director Linkous, and by unanimous vote of the members of the Board of Directors present. The first presentation from the Official- Agenda was Zoning Petition No. Z- 2492 -A, submitted by Donald Kirk for the purpose of rezoning property located at 5406 West 49th Street, described in lengthy legal terminology as shown on the Petition; from "MF 24" Multi - family District to "I" Light Industrial District, with the exception of the East 50 feet which is to remain "MF 24" Multi - family District. The , Petition to rezone this property, a portion of which lies within the 100 -year Flood Plain, was approved by the Planning Commission on May 8, 1975, after having - been recommended-for deferral by -the Staff until such time as issues are resolved concerning the zoning of flood lands and-how to deal with land use adjacent to the City Limits. It was explained -by Mr. Don R. Venhaus,-Director of-the- Community Develop- ment Department, that certain urban development in the Flood Plain is-allowed-providing that various measures, such As'elevat- ion'of the subject property above the 100- year-flood ' line, are taken. The Petitioner, Mr. Kirk, advised that it was his intention to build a small-automobile-repair garage on that portion of the property situated outside of the Flood Plain; which property constitutes only about one -fifth of the entire tract. He added that he planned to build the garage far enough back to allow a setback adequate for the possible future widening of the Mabelvale Pike; that he did not plan to build on the portion of the property within the Flood Plain; and that he would not-object to the exclusion of this portion of the property from the proposed zoning ordinance. It was stated-by Mr: Venhaus that the 100 -year flood line has been identified and that the property could be divided and a new Ordinance ' prepared which would accordingly exclude that portion lying within the Flood'Plain:. At this point, a proposed Ordinance to reclassify the subject property was placed on first reading. '(See proposed Ordinance as follows) There was presented Ordinance No. 13,039, entitled: AN ORDINANCE RECLASSIFYING 5406 WEST 49TH STREET IN THE CITY OF LITTLE ROCK; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time, followed by a- motion from Director Bussey to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Dailey and unanimously adopted by members of the Board of Directors present, being'seven in number and two - thirds or more of the members of the Board of Directors- elect; and the second-reading of the Ordinance ensued. At this time, a motion was made by Director Young "to amend the Ordinance to rezone only that portion lying above the Flood Plain." The motion was seconded by Director Hollingsworth and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Hollingsworth and-Young'- total 4; Noes - ' Director Keith, Mayor Wimberly, and Director Linkous - total 3. The rules were then.suspended to allow for the third and final reading of the Ordinance, upon motion-of Director-Dailey, seconded by Director Hollingsworth, which was adopted by unanimous vote of the members of the -Board-of-Directors-present, be seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was L183 MAY 20, 1975, Cont'd. read the third and last time, as amended, and subsequently.submitted'to an .Aye and No Vote, which resulted as follows: Ayes — Directors Keith and Dailey-, ' Mayor °Wimberly; - Directors' Linkous, Bussey, ' Hollingsworth and Young - total 7; Noes - -None; Absent,- None: It-was announced that the Ordinance, as amended, had been passed. Presented next was Zoning Petition No. Z -2904 concerning the-proposed-rezoning of '.property located at 8109 Cantrell Road (See Petition for lengthy legal description) from "A ""One - family District to "F" . Commercial, "MF 6" Multi - family and "MF 18" Multi - family Districts „.as. requested by_.Sidney -M. Thom. This request had received the approval of the.Planning Commission at'its'meetitig , of May'8 1 :1975._ The spokes- man for an opposing delegation of approximately 50 persons was.Attorney Charles'.Brown, who.voiced their opposition primarily on the issues of speculative zoning whereby no-immediate and concrete -plans are formulated for this property,'-devaluation of adjacent residential property;-.drainage problems, hazardous traffic conditions, all of which they anticipate. as a result of :the - proposed rezoning.. Responding to a question by Director Bussey concerning a meeting between the opponents and'the developer for the purpose of working out a compromise- agreement, Mr. Brown stated that..although the- two-viewpoints -were so divergent that a compromise would be unlikely, his group would be glad to meet with Mr:. -Thom and discuss the, matterlll After several attempts, Mr.,Thom, the developer, stated that.he had met }with Mr.::,Brown; discussed the matter at length in search of a compromise of some sort;- but -,the,,impression' had been °.conveyed by Mr. Brown that his clients simply wanted to retain the residential�nature,of'"the entire area. .Mr. Thom contended that he- had no intention'of placing a shopping-' center= on='this' property; which has been owned by his family since 1944; and, called attention to the -75- foot, buffer =area along z the'. south-: and- east borders of the tract, which he contended was-a sufficient - buffer zone:.” A map displayed.by Mf[ Thom revealed the tract approved by the Planning Commission As divided into four zones -of approximately.five. acres each, running south from Cantrell Road in subsequent order as follows: `_'! Commercial ;_, "MF:18" Multi- family, "MF 6" Multi - family, andL "MF 6" Multi- family with-a 75- foot- buffer.along,the•.south and east boundaries of this zone- remaining, "A ' one- family District. Mr. Thom-stated-that he had surveyed and searched.for the highest and best use of the property, and in his opinion the development- of-a-major portion of the property into condominiums would be a desirable use. Various alternative uses for'the"property were suggested and.in.the discussion,-Community Development Director Don R.:Venhaus maintained-that the lower five acres would not be considered.marginal.for "A" Single- family,because access to the - property is ' difficult, and that. "MF 6" is a more reasonable,use for this portion. He added that no- portion of the. entire.tract is very desirable for single family usage. A Planned.Unit Development Ordinance scheduled for presentation within six-to eight months was described by Director Young, whereby water run -off, traffi and other factors.could be measured; and Director Young - questioned Mr.'Thom concerning the possibility of waiting until the provisions of this Ordinance could be applied in the_,rezoning-of�this-property. This suggestion was rejected by Mr. Thom who insisted on resolving the matter as'soon as possible, and that a delay of six to eight months would create a hardship on him: Mr. Thom also rejected a'suggestion that he deed the 75 -foot buffer area to the adjacent - property owners,.adding that if• access -is ever available to the property he would like to be permitted to .bring single family - dwellings into this area.. The - - reasoning applied in developing the plan submitted for the property was explained by Mr. Venhaus, who '. _ stated that according to the laws of Arkansas and of.- this-City some use-of the - property - must be allowed, and it was the desire of the Staff to keep the, density as'low�as possible and the-land, use as consistent as possible with the surrounding property. The "F" Commercial request would be difficult to deny -when adjacent and across the street from other commercial property, "MF 12" is not a heavy density, and "MF 6" ' is in line with the surrounding area, Mr. Venhaus contended. Referring to drainage,.Mr. Brown presented photographs which he described as showing evidence of an existing problem,- and-insisted that the Board protect the home owners of this area and leave ".speculative zoning" for a -later date. It was then suggested by-Director- Dailey that.an alternate plan be considered whereby the property -be rezoned from.. 3 MAY 20, 1975, Cont'd. Cantrell Road south in the following order: "F" Commercial with an "E -1" Quiet Business area buffer on the west, "MF 18" Multi - family, "MF 12" Multi - family, and "A" One - family for the south five acres. In response to this suggestion, Mr. Venhaus advised.that for the lower five acres to be considered for single family land use, there must be dedicated public access to each individual lot. Another proposed Motion was then made by Director Linkous, which he stated would, in his opinion, be equitable not only to the property owners but to the developer as well, and which is described as follows: "To rezone the north five acres, more or Zess, to "F" Commercial District; the next five acres, more or less, to "N, MuZti- family District; the next five acres, more or Zess, to "MF Z2" Multi - family District; and the sout five acres, more or less, to "MF 6" MuZti- family District, with a Z00 -foot buffer area running along the south and east borders to remain "A" One - family District." A brief discussion ensued in which Mr. Thom requested that the Board consider incorporating a 35 -foot "no man's land" strip-adjacent to the resident ial property as a part of the 100 -foot buffer area; and City Attorney Joseph C. Kemp ruled that an ambiguous situation might exist if specific boundaries are not described in legal terminology for each of the four sections of the tract in the zoning Ordinance. At this point, there was a_Motion by Director Hollingsworth' that-"This matter be referred back to the Staff-in-order that they might prepare an Ordinance describing the exact boundaries of each of the four sections:in.accordance with the zoning plan proposed by Director Linkous; and that the proposed Ordinance be presented for consideration by the Board of Directors on June 3, Z975." The motion was seconded by Director °Linkous;'and adopted by the following.roll call vote: Ayes - Directors Keith and Dailey, Mayor-Wimberly;. Directors Linkous; Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Accordingly, it was announced by City Attorney Kemp that action on this zoning petition would be deferred until June 3, 1975. Presented at this time was a proposed Ordinance entitled: AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE OF 1975 AS THE ELECTRICAL CODE FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A lengthy discussion was then prefaced by a motion from Director Linkous "That the Ordinance be amended to delete the provision-in the 2975 National Electrical Code requiring the installation of a Ground Fault Circuit Interrupter in the bathroom area of aZZ residential construction." Mr. Linkous stated that he had consulted three electrical contractors concerning the Ground Fault Circuit Interrupter (GFCI), which is-required under the provisions of the 1975 National Electrical Code, and had been advised without exception by the contractors that this was a "useless, senseless expense in an inflationary economy, with an estimated cost of $75 to $100 for installation of the equipment." This price estimate was questioned by Director Young; who stated he had been told by several contractors that£,it would amount to only $10 to $30. Speaking in support of the GFCI provision in the Code, Mr. Jim Mobley of the I. K. Electric Company insisted that this was a neces- sary safety measure and called attention to the fact that there had been 117 deaths in 42 states because of this factor. The cost of installation according to Mr. Mobley would be approximately $20, and he contended that it would be a worthwhile addition which would save lives. Director Linkous added that there is a ground fault provision in existence at present which protects outside outlets, but the one at issue relates only to bathrooms. Also speaking for the inclusion of the GFCI in the Code was Mr. Jay Lucas, who presented copies of an article in support of this installation from the Consumers' Research Magazine. Director Linkous' motion was then seconded by Director Dailey and submitted to a roll call vote whereby the motion was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly and Director Linkous - total 4; Noes - Directors Bussey, Hollingsworth and Young - total 3; Absent - None. Following an announcement that the motion to amend the Ordinance had been adopted, there was a sub- sequent motion by Director Hollingsworth "To place the Ordinance on the calendar for second reading, as amended, at the next scheduled meeting on June 3, 1975, and that a workshop session fie scheduled in the interim period for the purpose of studying the provisions of this Ordinance." The motion was M 1 1 IL MAY 20, 1975, Cont'd. seconded by Director Keith and adopted by the following roll call vote:, Ayes - Directors Keith and Dailey, Mayor.Wimberly, Directors Linkous, Hollingsworth and Young - .total 7,; Noes - None-, Absent - ' None. The proposed Ordinance, as amended, as therefore left.on the calendar for second reading on June 3, 1975. An Ordinance related to the preceding, with provisions for amending the Code'of Ordinances in the section dealing with the City's Electrical Code, was- scheduled for presentation at this time. However, the Ordinance was not presented as scheduled and`therefore;-.remained.on the.calendar'for first reading at the regular meeting of June 3, 1975. Introduced at this time was Resolution No. 5,374, described as A RESOLUTION AUTHORIZING THE ARKANSAS REGION OF THE 'SPORTS'CAR CLUB'OF`AMERICA:'TO "OPERATE•AN AUTO -CROSS IN THE PARKING•LOT EAST OF THE STADIUM IN WAR MEMORIAL.PARR;,AND'FOR:OTHER PURPOSES;- - - and said Resolution was read in its entirety; after which there was-a motion'by'Director Dailey that the Resolution be adopted.' The,motion was.-seconded by-Director-Hollingsworth and.submitted to a roll call vote which adopted the Resolution as follows:; Ayes `2 % "Directors.Keith;`Dailey; Linkous, Bussey, Hollingsworth and Young - total .61; Noes - Mayor Wimberly - total 1; Absent - None. . There was discussed at this time a..proposed Resolution °committing.:the City.'in' the year 1976 to ' install new street lights and traffic control equipment within:the Metrocentre..Improvement District at a cost of $441,000.- A motion was made by Director Linkous, seconded.by-Director Hollingsworth, "to amend the Hesolution to reduce the cost of-traffic control devices. -and street `Zighting equipment to a maximum amount of $427,000:., which amount excZudes architects fees. ". A roll call was taken on the motion whereby the Resolution was amended by- the following vote: :Ayes - ,Directors-Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey,-Hollingsworth ' and Young-- -total 7;- Noes - None; Absent - None. .(See Resolution No. 5,375, amended as described above,; which. follows) T Resolution No. 5,375 was then presented, as amended; and described as: A RESOLUTION COMMITTING THE CITY OF LITTLE ROCK IN THE'YEAR= 1976 °:TO -.INSTALt ".NEW.STREET LIGHTS AND TRAFFIC CONTROL DEVICES WITHIN THE METROCENTRE IMPROVEMENT- DISTRICT- IN- DOWNTOWN.LITTLE ROCK AT A COST NOT TO EXCEED $427,000.00; AND FOR OTHER PURPOSES; with said Resolution being read in -full; and thereafter adopted upon motion by`Director Hollingsworth, seconded by Director Young; and the following roll call vote:` Ayes- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey,'Hollingsworth and Young'- total 7; Noes.- None; Absent - None. - -' Mayor Wimberly was excused at this time,. and Assistant Mayor - Hollingsworth assumed the chair and presided for the remainder of the meeting. A series of Zoning Petitions, as approved by the-Planning Commission-at-its May'.8, 1975 meeting, 4 was presented as follows: Z -2913 - Petition of Capitol Wholesale Florist; Inc..to rezone 2124 ,West 14th•.Street, as .described in lengthy legal terms on the Petition, from "C" Two- family District to "H " .Business District. Z -2914 - Petition from Donna E. Murray by Jack Kavanaugh to rezone -- 101- North.Palm'.Street, described as Lot 14, Block 7, Elmhurst Addition to the City of Little Rock; Arkansas; from "B" Residence District to "E -1" Quiet Business District. Z -2916 - Petition from Bill McClard of Putnam -Hess Realty -,Inc. for W. H._and'Laura J.' Russell, to rezone 6415 Young Road (See Petition for lengthy legal description) from "A" One- family District to "I" Light Industrial District. Z -2919 - Petition from Samuel L. Davis for James W. Morrow to-rezone 6100 Forbing Road, which property is described in lengthy legal terms in the Petition, from "A" One - .family District to "I" Light Industrial District. With there being no one in attendance to oppose the rezoning of the above = described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No:'13,040, as follows) MAY 20, 1975, Cont'd. Presentation was then made of Ordinance No. 13,040, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE -ROCK; ARKANSAS;:AMENDING SECTIOi ' 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS;`AND "'FOR'OTHER PURPOSES; with said Ordinance being read the first time; after which there was a motion by Director Dailey that the rules be suspended and the Ordinance be placed on its second reading.,-The-motion was seconded by Director Linkous, and adopted by unanimous vote•of the members of the-Board of Directors "present, being six in number and two - thirds or more of the members of the Board of Directors= elect;'whereupon, the Ordinance was read the second time. The rules were again suspended at this time and the.Ordinance on its third and final reading by motion of Director Keith, seconded by Director Bussey-, and by vote of the members of the Board of Directors present, being six-in number and two- thirds`.or more of the members of the Board of Directors - elect. There was a third and last reading-of-the-Ordinance, followed an Aye and No Vote taken on the passage of the Ordinance, which resulted-as herein described: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth-; and'.Director.Young - total 6 Noes - None; - Absent - Mayor Wimberly - total 1. The Ordinance was-declared passed. Zoning Petition No. Z -2849 was the next presentation containing a' request for.the rezoning of property located at -801 Summit Street, described as the North 40 feet.of Lot 1,-Block 4,'Faust's Addi to the City of Little Rock, Arkansas,-from "C" Two - family District 'to .'- 'E= V'' Quiet, -Business District. The Petition had received the approval of the Planning Commission on May 8; 1975 -as requested by the Petitioner, Mr. Jay Lucas of the Smiley Corporation. Present in-opposition-to this.Petition was Mr. David Elms, the owner of property in this area, who urged that the Board deny this request and contended that there were many elderly people in this area whose safety would be jeopardized.'by the additional traffic generated by a business establishment at this location. At this time, a proposed Ordinance to reclassify this property was placed on first reading,'as follows. A proposed Ordinance was presented, and entitled: AN ORDINANCE RECLASSIFYING 801 SUMMMIT STREET IN THE CITY OF LITTLE ROCK; ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS ;.`AND`FOR ^OTHER PURPOSES; with there being a first reading of the Ordinance. An ensuing motion was then'made.by Director Linkous, seconded by Director Young, "to defer this matter untiZ the next Board Meeting in order that the Petitioner may be heard." (Mr. Jay Lucas, the Petitioner, was present earlier`in the .meeting, but left prior to the presentation of this Ordinance.) The motion was subsequently submitted to a =roll call vote ' and adopted by the following vote: Ayes - Directors Keith, Dailey, Linkous and Bussey -, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. According ly, the Ordinance was left on the calendar for second reading on June 3, 1975, and Assistant Mayor Hollingsworth invited Mr. Elms to attend the next Agenda and Board Meetings and'express his views. Presented for consideration by the Board of Directors at this time was the Petition of the Woodlawn Baptist Church, Incorporated, requesting the vacating and closing of the alley running North and South through Block 19 of Lincoln Park Addition to the City of Little Rock, Arkansas. Accompanying the Petition were a letter from the Standard Abstract and Title Company certifying to the abutting property owners, and a certified copy of the plat of Lincoln Park Addition as recorded in the Office of the Circuit Clerk and Ex- Officio Recorder of'.Pulaski County at Page 63 of Plat Record Book No. 1. (See Resolution No. 5,376, as follows, which sets the date of a Public Hearing on this Petition at June 17, 1975) Resolution No. 5,376 was presented, with the title being:. ' RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS,..SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK 19, LINCOLN PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and after a full reading of the Resolution, it was subsequently adopted by a motion made by Director 87 i MAY 20 1975, Cont'd. Bussey, seconded by Director Keith, and by a roll call vote described as' follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director'Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. The proposed closing of- various streets and alleys in Bragg''s Addition to -the City of Little Rock, j Arkansas, and Lenon and Edwards Subdivision of Block 11 of Bragg's Addition to the City of Little Rock, Arkansas, was the next presentation. The Petition was submitted by'Attorney William L. Terry on behalf of the Arkansas State Highway Commission, and the Little-Rock- 'School-District,- and had received the approval of the Planning Commission. .Included with the Petition were the,following. documents: Two letters from the Beach Abstract and Guaranty Company' certifying to the'-last.apparent-.owners of record of the property adjoining the streets and alleys involved;.and-a map'of'= Bragg's Addition to the City of Little Rock; Arkansas, which includes the Lenon and Edwards Subdivision of.'Block-ll:- (See Resolution No. 5,377, setting the date of hearing on this Petition for June 17, 1975) There was presented at this time Resolution No: 5,377, entitled: A RESOLUTION FIXING A DATE FORA HEARING ON A PETITION TO-VACATE, ABANDON-AND-CLOSE THAT PORTION OF VANCE STREET LOCATED iBETWEEN.EAST 15TH STREET AND EAST 171TH'STREET ,AND ALSO THAT:PORTION OF EAST 16TH STREET LOCATED BETWEEN BRAGG STREET AND McALMONT STREET, 'ALL_IN'BRAGG'S`ADDITION.TO THE CITY OF LITTLE ROCK, ARKANSAS; AND ALSO THE NORTH -SOUTH ALLEYS LOCATED IN-BLOCKS 8,' 9= and- lO;-BRAGG'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, AND ALSO THE EAST= WEST'ALLEY LOCATED.IN`- LENON'AND EDWARDS SUB- DIVISION OF BLOCK 11 OF BRAGG'S ADDITION TO THE CITY OF LITTLE' -ROCK, ARKANSAS; with there being a complete reading of the Resolution. A motion.was -then made by-.Director Keith and seconded by Director Linkous; which resulted in the adoptibri'' of- the' Resolution'.by-the-following roll call .vote: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. Introduced at this time was Ordinance No. 13,041, containing the-following title: I AN ORDINANCE ACCEPTING AND APPROVING THE ANNEXATION TO THE CITY OF LITTLE ROCK; ARKANSAS, OF A TRACT OF LAND DESCRIBED AS: PART OF WALNUT VALLEY SECOND ADDITION.TO THE CITY.OF.LITTLE °ROCK, ARKANSAS, AND ALL OF PLEASANTREE FIRST, SECOND AND THIRD ADDITIONS -TO THE CITY OF LITTLE ROCK,- ARKANSAS, ALL LOCATED IN.SECTION 33, T -2 -N, R- 13 -W,. PULASKI COUNTY, ARKANSAS, AND MORE PARTICULARLY DESCRIBED HEREIN- AFTER; WHICH LAND IS CONTIGUOUS TO THE PRESENT CITY LIMITS; AND "FOR OTHER.PURPOSES; (Pursuant to a Court Order dated April 9, 1975) which Ordinance was read the first time A motion ensued by Diirector "Keith, seconded :by Director Linkous, which suspended the rules and placed the Ordinance on its second reading, after-having been adopted by unanimous vote of the members of the Board of Directors present,.being six in number and two- thirds or more of the members of the Board of.Directors- elect. Upon second reading of-the Ordinance, there was a subsequent motion which again suspended the rules and provided for the-third-and final reading of the Ordinance at this time; with the motion having been made and seconded by- Directors °'Bussey and Dailey, respectively, and unanimously adopted by members of the Board of Directors'present; being six . in number and two - thirds or more of the-members of the Board of Directors - elect:. There'.was -a third and last reading of the Ordinance, after which an Aye and No Vote was taken on the passage of-the Ordinance, which resulted as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent —Mayor Wimberly - total 1. An announcement was made that the Ordinance had been passed. A Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of March, 1975 was next presented, and subsequently received and filed by a motion from Director Keith, which was seconded by Director Dailey, and.unanimously'adopted by the members of the Board of Directors present. There was then presented an Ordinance, No. 13,042, described as: I� MAY 20, 1975, Cont'd. AN ORDINANCE AWARDING CONTRACTS FOR THE PURCHASE OF A PACKER TRUCK AND`COMPUTER TERMINAL PRINTERS; APPROPRIATING FUNDS FOR THE PURCHASE OF CERTAIN ANIMALS FOR THE LITTLE ROCK ZOO; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; ' and upon first reading of the Ordinance, there was a motion by Director Linkous to suspend the rules to allow for the second reading of the Ordinance. The motion was.seconded by Director•Dailey; unanimously adopted by members of the Board of Directors present, being six in number and two- thirds-or more- of the members of the Board of Directors - elect; and the Ordinance was read the second time". A motion then followed from Director Dailey, seconded by Director Linkous, to again suspend the rules thereby allow- ing for the third and final reading of the Ordinance at this time, with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two- thirds-or more of the members of the Board of Directors - elect. After the third and last reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein described: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. The Ordinance was declared passed. Presented for consideration by the Board at this time was Ordinance No. 13,043, with the title being: I AN ORDINANCE REPEALING SECTION 69 OF ORDINANCE NO. 12,649 PERTAINING-TO FENCES AND OTHER STRUCTURES; ' AMENDING SECTION 43 -21 OF THE CODE OF ORDINANCES BY ADDING A SUBSECTION _(J) PROVIDING STANDARDS FOR FENCES AND OTHER STRUCTURES; AND FOR OTHER PURPOSES; and said Ordinance was then read the first time. An ensuing motion was-made by-Director:Young, seconded by Director Bussey, to suspend the rules and place the Ordinance-on its- second reading. The motion was adopted by unanimous vote of the members of the Board of Directors present, being six.in number and two - thirds or more of the members of the Board of Directors - elect; and the-Ordinance was-read the second time. The rules were then suspended and the Ordinance placed on 'its' -third and final - .reading at this time by a motion made and seconded by Directors Young and Bussey, respectively, and unanimously adopted by members of the Board of Directors present, being six in number and two- :thirds:or more.of the members of the Board of Directors - elect. The third and last reading of the Ordinance led to an Aye and No Vote being taken on the passage of the Ordinance, which resulted as follows: Ayes - :Directors Keith, Linkous, Bussey and Young - total 4; Noes - None; Abstaining - Director Dailey and-Assistant-Mayor Hollings- ` worth - total 2; Absent - Mayor Wimberly - total 1. It was announced that the Ordinance had passed. A proposed Ordinance was presented at this point, described as: AN ORDINANCE AMENDING SECTIONS 39- 78;-39 -80; 39 -81; and 39 -87 OF THE CODE OF ORDINANCES PERTAINING TO TRAFFIC REGULATIONS; AND FOR OTHER PURPOSES; and after the first full reading, there was a brief discussion. City Manager Carleton E. McMullin advised that the purpose of this action was to bring the Ordinance into conformity with certain practices utilized by the Traffic Division, with the main essence being changes in curb loading regulations. it was suggested by Director Dailey that consideration be given to amending the Ordinance to delete the Y 30- minute restriction in curb loading zones, and he subsequently made a motion "to defer this matter untiZ the next meeting of the Board of Directors." The motion was seconded by Director Keith and adopted by the following roll -call vote: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, 'and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - -total 1. According ly, the Ordinance was left on the calendar for second reading on June 3, 1975. In matters of routine business discussed at this time, it was suggested by City Manager Carleton E. McMullin that meetings be held by the Board of Directors prior to the Board Meeting of June 3, 1975 for ' the purpose of discussing personnel matters, the National Electrical Code; and Parliamentary Rules and Procedures for the Board. The Board members present were in unanimous' accord with the City Manager, and it was agreed that meeting dates would be decided upon and announced at a later date. Concern was I expressed by Director Dailey regarding an editorial in the Arkansas Democrat pertaining to the rigidity MAY 20. 1975. Cont'd. - of the enforcement of the new Sign Ordinance as directed to "Garage Sales" and "Carport Sales." These signs, contended Director Dailey, are not offensive and not a problem,�and he requested that the City Manager write a letter to the Arkansas Democrat in answer to this editorial and express a more lenient policy by the City concerning these signs. Resolution No. 5,378 was presented, and entitled*' A RESOLUTION MAKING CERTAIN APPOINTMENTS'AND'FOR OTHER PURPOSES; (Subsection A. - Booker Day appointed to Little Rock Housing' Authority; •Subsection'.B. A. M. Keith appointed to Economic Opportunity Agency; Subsection C. - Dwight Linkous appointed to Economic Opportunity Agency; Subsection D. - Henry Hite appointed to City Beautiful Commission) and the Resolution was read in'its entirety; after which a motion was`made and seconded by Directbrs' Bussey and Dailey, respectively, that the Resolution be adopted. A roll call was taken by which the Resolution was adopted as herein described: Ayes - Directors Keith, Dailey, Linkous; Bussey and Young; Assistant Mayor Hollingsworth recorded as abstaining on Subsection A, and voting Aye on all remaining sections and subsections of the Resolution - total 6; Noes -None; Absent Mayor Wimberly - total 1. The final item from the Official Agenda was then presented, being Resolution'No: 5,379, described as: ' A RESOLUTION OF COMMENDATION TO MR. N. R. BRADFORD; (For service while a Commissioner to bring about improvements to Fraternal Cemetery) and the Resolution was read in full; and thereafter adopted by a motion from Director Bussey, seconded by Director Young, and the following roll call voter Ayes - Directors Keith, Dailey, Linkous and'Bussey, Assistant Mayor Hollingsworth, and Director Young —total 6; Noes - 'None; Absent -` Mayor Wimberly - total 1. There being no "further business to be presented or-to come before the `Board ,of Directors at this time, upon motion of Director Keith, seconded by Director Dailey, and by`unanimous- dote':of the members of the Board of Directors present,'the meeting was'adjourned-at 10:05 o'clock'P. M.., to "meet again in regular session'on Tuesday, June 3, 1975 at 7 :30- o'clock P. M. ATTEST:.. City Clerk APPROVED: m v 901 Board of Directors Chamber Little Rock, Arkansas ' May 28, 1975- 7:00 A. M. The Board of.Directors of the City of Little Rock, Arkansas met in Special Session upon call by the Mayor, with Mayor George E. Wimberly presiding, and City Clerk Jane Czech, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Young - total 5; Absent - Director Hollingsworth - total 1. There being a quorum present and it being so.announced, the - following proceedings were had: The Notice of Call of the Special Meeting as delivered to each of-the-members.of the Board of Directors and filed in the office of the City Clerk was presented as follows: . "Members of Board of Directors City.of,Little Rock, Arkansas Gentlemen: Pursuant to provisions of Section 19 -708, Statutes of Arkansas, '1947 Annotated, and ' to assure compliance with the Freedom of Information Laws of this State, please accept this as.Notice of a special called meeting of the Board of Directors to be convened at 7:00 a.m., Wednesday, May 28, 1975 in the Board Chambers at City Hall: The purpose of the meeting is to consider recessing same for an executive meeting of the Board at the Sam Peck Hotel to discuss personnel as authorized by the said Freedom of Information Laws. i /s/ George E. Wimberly, Mayor A. M. Keith Jim Dailey Dwight Linkous Charles Bussey Perlesta Hollingsworth Jack Young" It being stated by the Mayor that this Notice had been duly served and acknowledged, said-communication was received and filed. At this time, Director A. M. Keith made a motion "that we go into an Executive Session and reconvene this afternoon (May 28th) at 3:00 o'clock P. M. in the Board Chambers at City Hall." This motion was seconded by Director Dwight Linkous, and adopted by the following roll call vote: Ayes Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director Hollingsworth - total 1. There being no further matters for discussion, the meeting was recessed to Executive Session, to be reconvened at 3:00 o'clock P. M., Wednesday, May 28, 1975. ATTEST: r/ � ® / APPROVED: City Clerk Mayor i 1111191 Board of Directors Chamber - ' Little'Rock, Arkansas May 28, 1975 - 3:00 P. M. The Board of Directors of the City of Little Rock�:Arkansas' met in-reconvened session from 7;00 "A. M. with, Mayor Wimberly presiding -and Jane Czech, City-Clerk,- and•the.following Directors present: Directors Keith, Dailey, Linkous and Hollingsworth - total-4; Absent-= Directors Bussey and Young - total 2. Mayor Wimberly then declared a quorum to be present. - With there being no business to be presented.or to cometbefore the Board of Directors, upon motion of Director Keith, seconded.by Director Hollingsworth, and by-unanimous-vote of the Board Members present, the meeting was adjourned at 3;10 o'clock. P. M., to 'meet again in regular session on Tuesday, June 3, 1975 at 7:30 o'clock P. M. ATTEST: S�IY APPROVED: City Clerk Mayor.. I Board of Directors Chamber I Little .Rock, Arkansas Agenda'Meeting - 3:00 P. M., May 28, 1975 ' A brief discussion was held regarding fire service that is•being-provided,.to the citizens who reside in the area that was proposed for annexation, but - denied by the-Supreme`Court.' Efforts are being made to annex some of this territory by voluntary methods; and City Manager Carleton E. McMullin was instructed by the Board of Directors to extend fire protection to these areas for an additional forty -five day period, which would expire July 15, 1975, the first sixty day period having expired May 31, 1975. 1 �111F i 92 Board of Directors Chamber Little Rock, Arkansas June 3, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present:' Directors Keith, Dailey and Linkous - total 3; Absent - Directors Bussey, Hollingsworth and Young - total 3. A quorum was declared present, and the meeting then proceeded as herein described: The Invocation was given by Mayor Wimberly. The reading of the minutes of the previous meeting held on May 20, 1975, and the Special Meeting- held at 7:00 o'clock A. M. on May 28, 1975 and Reconvened at 3:00 o'clock P. M. on May 28, 1975, was dispensed with and said minutes were approved as written and summarized to the Board of Directors by motion of Director Keith, seconded by Director Linkous, and unanimously- adopted'by members of the Board of Directors present. An announcement was made at this time by Mayor Wimberly that Director-Bussey was representing the City in delivering a welcoming address at the Canaan Baptist Church, and would °arrive within the hour to �attend'the'rema nder of 11e `Bo'a'rd of Directors meeting; The first item presented from the Official Agenda for consideration by,the Board of Directors was Resolution No. 5,380, entitled:. A RESOLUTION APPROVING MODEL CITIES BUDGET FOR THE FISCAL YEAR 1976; AND FOR�OTHER PURPOSES; which Resolution was read in its entirety. A motion was made at this time by Director Dailey, seconded by Director Keith, that the Resolution be adopted. The resulting roll call-was taken whereby the Resolution was adopted by the following vote: Ayes*- Directors Keith and Dailey, Mayor Wimberly, and Director Linkous - total 4; Noes - None; Absent - Directors Bussey; Hollingsworth'and Young - total 3. The next presentation was Resolution No. 5,381, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE LITTLE ROCK HOUSING AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES IN THE IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT PROGRAM FOR 1975 -76; AND FOR OTHER PURPOSES; with there being a full reading of the Resolution; followed by a motion from-Tirector Dailey for its adoption. The motion was seconded by Director Keith, after which there was a'roll call vote which adopted the Resolution as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, and Director Linkous - total 4; Noes - None; Absent - Directors Bussey; Hollingsworth-and Young - total 3. Inasmuch as there was not a sufficient number in attendance to suspend the rules-in order to deal with the Ordinance on the Official Agenda, there was a motion by Director Keith, seconded by Director Dailey and unanimously adopted by the Board members present, which recessed the meeting-at 7:40 o'clock P. M. to 'await the arrival of Directors Bussey and Hollingsworth. The meeting was reconvened at 8:10 o'clock P. M. with Mayor Wimberly again presiding and Jane Czech, City Clerk, and the following Directors in attendance: Directors Keith, Dailey, Linkous and Hollingsworth - total 4; Absent - Directors Bussey and Young - total 2.- Presented for second reading at this time was Ordinance No. 13,044; with -the title being; AN ORDINANCE RECLASSIFYING 801 SUMMIT STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; which Ordinance resulted from Zoning Petition No. Z -2849 submitted 'by Jay Lucas of the Smiley Corporati requesting the rezoning of this property from "C" Two - family District to "E -1" Quiet Business District. The Petition had received the approval of the Planning Commission, and the proposed Ordinance reclassif ing this property was presented for first reading at the Board of Directors Meeting-of May 20, 1975 (See Page No. 86 of this Minute Record). The Petitioner, Mr. Lucas, was in attendance but declined an V/ i n 93 JUNE 3 1975, Cont'd. invitation to address to the issue; and. there was no one present-who came forward to oppose the reclassification of the property in question; therefore; the - Ordinance was-then-read the second time. A motion ensued by Director Keith, seconded by Director Linkous; for a' suspension of the rules and the ' placing of the Ordinance on its third and final reading; which-motion-was-unanimously-adopted by members of the Board of Directors present, being five in number and-two- thirds 'or more of the members of the Board of Directors- elect. !.The third and last'reading'of the. Ordinance resulted in an Aye and No roll call vote on the passage of-the Ordinance, which is recorded,: herein asjollows :- Ayes - ,Directors Keith and Dailey, Mayor Wimberly and.Director Linkous,- total 4; Noes- - :Director Hollingsworth - total 1; Absent - Directors Bussey and Young — total 2. It was-then announced that the Ordinance had passed. At this time Director Bussey was enrolled. Zoning Petition -No.-Z -2904 was the next presentation; containing a request from Sidney M. Thom for the rezoning of property located at 8109 Cantrell Road. This tract of approximately -20 acres had been approved,for rezoning to.Commercial and various Multi - family classifications by .the.Planning Commission, and the Petition was first presented for consideration by the-Board of Directors on May °20, 1975 (See Page 83 of this Minute Record)._ At -that time, the Petition was -discussed, at aength-,.resulting in the adoption of a motion- to refer the matter back to the Staff for the preparation. _of.an.Ordinance defining ' the periphery of each zoning area of this tract running south from Cantrell'Roafl;in,;the following order: "The north 5 acres, more or.Zess, to-"F" Commercial; the next .5 acres, -more or -Zess, .to "MF Z8" Multi- ' family; the next 5 acres, more or Zess, to "MF Z2" Multi= femiZy, and the south 5;acres, more -or Zess, to "MF 6" MuZti- family, with a ZOO -foot buffer area running along the south.and east borders to remain "A" One- famiZy.," In compliance with this directive, "two *.Ordinances':were -prepared and.submitted.by, the Staff, one -of which included withi- the 100 -foot buffer on the east-boundary a _35-foot' unowned strip of land abutting residential property, and one which excluded this`357foot strip.'. The choice of the Ordinance to be used for the proposed:,rezoning of this property,was.left , to the.discretion'of the Board, and at this time Director Linkous, who submitted the zoning-proposal described above.,- ,stated that it was his intention to exclude this 35 -foot "no man's land" from the buffer'area., -This opinion was concurred in by.Mayor Wimberly, who stated that he did not-be- lieve.,the Board .should- ,include.in.this,., proposed Ordinance property not belonging to the Petitioner, -and called for the,. firs.t.'.reading.of the Ordinance which excluded this;35 -foot strip..of land..::(See Ordinance-No.-,13,045, as.follows) Presented at this.time was Ordinance No. 13,045,..entitled: ' AN ORDINANCE- RECLASSIFYING - 8109.CANTRELL -ROAD IN, THE,CITY'OF.LITTLErROCK, ARKANSAS-; '.AMENDING .SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE,ROCK, ARKANSAS;.AND.FOR -OTHER PURPOSES; and there was a first reading of the Ordinance.- A map of-,the-tract was-then displayed by Mr. James Finch of.the Community Development Department, who'pointed'out and-explained the-.100 -f6ot buffer area. Attorney Charles Brown,,speaking in behalf of an opposing delegation;arequested theeexclusion of the 35 -foot strip, stating that this property is not listed on the tax-book and there-is a question-of ownership, and asked that the Ordinance be passed in- accordance with Director Linkous'.-proposal. The Petitioner, Mr.� Thom, argued-for inclusion of the 35 -foot strip to keep.the•eas t border of the buffer area uniform with that on the south, stating that the buffer -would actually: be 135 feet on the east and 100 feet on the south. The rules were -then suspended and the-Ordinance placed on its second reading, by motion of Director. Hollingsworth,.seconded by Director-Dailey, which -was unanimously,.adopted by members of the Board of Directors present,.-being six in number :and 'two - thirds or more .of the members of .the Board of Directors - elect. .There was.a second reading -of the-Ordinaince;..followed +by a subsequent motion from Director Linkous for.a-further suspension of'the rules to allow';for`the third and final reading of the Ordinance at this time'. The motion was seconded by -Director.Dailey -and- adopted by- unanimous vote of the members of the Board of Directors present, being 'six in number and two- thirds-,or more 'of the members of the Board of Directors- elect;. and, accordingly, the Ordinance was read',the.third and-last time. The 94 JUNE 3, 1975, Contd. ensuing Aye and No Vote taken on the passage of the Ordinance resulted as- follows: Ayes - Directors Keith and Ailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth = total 6; Noes - None; Absent - Director Young - total 1. It was then 'announced by Mayor Wimberly 'that-the Ordinance had been ' passed to rezone the subject property in accordance with the zoning proposal described-in the foregoing paragraph, excluding the 35 -foot unowned strip from the buffer area. -- i There was introduced at this time Ordinance No. 13,046, containing-the following title: AN ORDINANCE CALLING A SPECIAL ELECTION TO VOTE UPON THE QUESTION OF ISSUING BONDS UNDER THE PROVISIONS OF ACT NO. 9 OF THE FIRST EXTRAORDINARY SESSION OF THE SIXTY = SECOND GENERAL-ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED JANUARY 21, 1960, AS AMENDED, FOR THE PURPOSE OF FURNISHING`THE PERMANENT FINANCING OF THE COST OF DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE); PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (A. 0. Smith - Inland, Inc. - $5,000,000) with there being a first reading of the Ordinance. The rules were then.suspended;to provide for the second reading of the Ordinance by motion- of- Director ' Hollingsworth ;:which- -was 'seconded by Director Dailey and adopted by unanimous-vote of the members of the Board of-= Directors present; being six in number and two - thirds or more of the members of the Board of Directors- elect:. Upon-'second reading of . the Ordinance, there was a motion from Director Keith, seconded by Director Dailey;-to again suspend ' the rules and place the Ordinance on its third and final reading; with-tlie-motionr being unanimously adopted by members of the Board of Directors - present, being six in-number *and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read.the third and last time; after i which there was an Aye and No Vote taken on the passage of the Ordinance' -which resulted as herein described: Ayes - Directors Keith and'Dailey, Mayor Wimberly, Directors Linkous;-Bussey-and Hollings- worth - total 6; Noes - None; Absent - Director Young - total 1. The Emergency Clause contained in Section 7 of the foregoing-Ordinance was'read:and subsequently adopted by the following roll call vote: Ayes —Directors Keith and Dailey, Mayor Wimberly, Directors . Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - -Director Young - total 1. It was then announced that the Ordinance with the Emergency Clause had been passed. The next presentation was Ordinance No: '.13,047, entitled: AN ORDINANCE APPROPRIATING FUNDS FROM THE CITY'S'GENERAL FUND AND FROM-FEDERAL REVENUE SHARING FUNDS TO FINANCE CERTAIN PROGRAMS AND PROJECTS; AND FOR OTHER PURPOSES; ' and after a first reading of the Ordinance, a brief discussion ensued.._ Responding to a request by Director Hollingsworth, City Manager Carleton E. McMullin recommended=that-_the Intersection Signalization item in the amount of $75,000 be reduced by $25,000 to accommodate other` projects. Subsequently, Director Hollingsworth made a motion "to delete $25,000 from Intersection Signalization and to apply this amount to the Neighborhood Arts Program." The motion was seconded by Director- Bussey, but was defeated by a roll call vote described as follows: Ayes - Directors Keith, Bussey' and Hollingsworth - total 3; Noes - Director Dailey, Mayor Wimberly and Director Linkous - total 3; Absent - Director Young - total 1. It was explained at this time by the City Manager that the six items listed in Section i 2 of the Ordinance were in the priority of the Staff, and not necessarily the= priority order of the Board; and that the Board was in a position to remove all or part from any of the six items. A motion then followed from Director Linkous in which he stated, "I recommend the funding of the Arkansas Arts Center's Neighborhood Arts Program'in the amount of $25,000 and the Boys-•CZub Park Maintenance in the amount of $3,500 as follows: -- with the exceptions of Item (b) Firemen saZaries, Item-(c) Sanitation trucks and Item (d) Library Operating Budget,-the other remaining priorities be reduced on a percentage ' basis to equaZ $28,500 to accommodate these projects." The motion was seconded by Director Hollingsworth and submitted to a roll call vote by which it was adopted as herein recorded: Ayes.- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total-6; Noes - None; Absent Director Young - total 1. The rules were then suspended for the second-reading of the Ordinance,as iII 95 JUNE 3, 1975, Cont'd. i amended,, by a motion from - Director Hollingsworth, seconded by Director. Bussey ,'which was unanimously adopted by members of the Board of Directors present, being aix;in- ; numb er and -two- thirds or more of. the members of the Board.of Directors- elect;.,and the Ordinance was - read --the second, time, as amended. A. motion was then -made by Director Keith, seconded -by- Director `Bussey,'for a further suspension of the rules to provide for the third and - final reading .of.the`Ordinance at:this - time; which-motion was, adopted by unanimous vote of the members of the Board of Directors:-present; being six-in`number and two - thirds or more of the -members,of the'�Board.of Directors - elect. -There -was a.:third';and*last.`reading of the . Ordinance, as amended, which resulted in.an Aye and No -Vote= ;being takes on the passage of-the Ordinance., and the vote is recorded as follows: Ayes — Directors "Keith and Dailey, Mayor•Wimberly,.Directors Linkous, Bussey and Hollingsworth - total 6; Noes = None; <: Absent - Director Young..-,total 1. It was then announced by Mayor Wimberly'.that the Ordinance had passed, -:as amended. Again presented was a..proposed Ordinance entitled: AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE,OF-.1975- AS;THE ELECTRICAL.CODE FOR THE,CITY OF LITTLE ROCK; AND FOR OTHER.PURPOSES; and the Ordinance was read the second .time, having been first read -on May. 20•,•1975 (See -Page 84 of this Minute Record). .There was a motion at this'time by Director Bussey. ':that we`3nclude -the Ground Fault . ' Circuit Interrupter in the- Ordinance as apart of Section. 10 -8 of ",the National'.Code." Director , Hollingsworth then posed the question of whether or not this'.motion. was out of order, as it would represent a reversal of an amendment to this proposed Ordinance._adopted by the-Board-on May 20, 1975.. Mayor Wimberly expressed the opinion that the motion was out of-order, and-called for a vote by the Board of Directors on this question, which resulted as follows: ,'.' Ayes' =, Directors Keith' %and Dailey, Mayor, Wimberly and Director Linkous - total 4; Noes. - Directors.Bussey-and Hollingsworth'- 'total 2; Absent - Director Young - total 1. City Attorney Joseph C:,,,Kemp 'then ruled., the motion;to be? out of order. " Subsequently, a motion was made by Director Dailey, seconded by-Director Linkous:,-.that the rules be suspended and the Ordinance be placed on third and final - reading; The+ motion -was submitted to.a roll call.vote and defeated by a vote recorded.as.follows: Ayes -` Directors :Keith`and'Dailey;.Mayor Wimberly and Director Linkous - total 4;' Noes. - Directors ,Bussey- and-Hollingsworth'.—total 2; Absent - Director Young - total.l. A statement was. then made by-Director Link.ous-concerning - the adoption of a motion which he made on May 20, 1975 to delete the .provsion.in. the;' 1975 -.National Electrical Code. requiring the installation of a Ground,Fault Circuit Interrupter (GFCI):in_the; bathroom areas of residential construction. He stated that he had done considerable• investigative - :work' before .,proposing the amendment, and that,. some misinformation had been given by others -when, the: matter -.was discussed previously concerning the number of deaths attribu,ted to this - factor and,the::.cost;of .installation of , this equipment.. He contended that the delay incurred in .the - passage " of -this Ordinance would result in additional costs for home . builders and home owners, and emphasized the needcfor -the passage of the Ordinance, as amended, as soon as,possible. It was then.announced that "the,Ordinance would remain on the calendar for third reading on June 17, 1975. - The next presentation was a, proposed Ordinance, described as:. AN ORDINANCE AMENDING VARIOUS PROVISIONS OF- CHAPTER 12 OF THE .CODE OF ORDINANCES.OF.THE CITY OF LITTLE ROCK, ARKANSAS; SAID CHAPTER DEALING WITH THE ELECTRICAL-CODE-OF THE °CITY OF LITTLE ROCK, ARKANSAS; with said Ordinance being read the first time. There was a motion which ensued to .leave the Ordinance on the calendar for second reading, with the motion being made and seconded by '_Directors Keith and Bussey, respectively, and adopted by the following roll call vote: - Ayes:.- Directors Keith and Dailey,. Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth ­total 6; Noes = None ;.:Absent - .Director .Young - total 1. Accordingly, it-was announced that the Ordinance would remain.on. the, calendar for ., second reading on June IT, 1975. i j ✓ JUNE 3, 1975; Cont'd. Ordinance No. 13,048 was presented, with the title being: AN ORDINANCE AMENDING SECTIONS 39 -78; 39 -80; 39 -81; AND 39 -87 OF THE CODE OF ORDINANCES PERTAINING TO TRAFFIC REGULATIONS; AND FOR OTHER PURPOSES; (Pertaining to curb loading zones) and there'was a second reading of the Ordinance, which was read the first time on May 20, 1975. The rules were .then suspended to allow for the third and final reading of the Ordinance by motion of Director Dailey, seconded by Director Hollingsworth, and by unanimous vote of the-members of the Board of Director present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Them was a third and last reading of the Ordinance; after which an Aye and No Vote was taken on the passage of the Ordinance, resulting as follows:. Ayes - Directors Keith and Dailey, Mayor-Wimberly,-Directors Linkou and Hollingsworth - total 5; Noes - None; Abstaining - Director Bussey - total 1; Absent - Director Young - total 1. It was announced that the Ordinance had been passed. The final item to be presented from the Official Agenda was Ordinance No. 13;049, containing the following title: AN ORDINANCE WAIVING THE MASTER PARKS PLAN AS TO CERTAIN PROPERTY - SITUATED THEREIN; AND FOR OTHER PURPOSES; with the Ordinance -being read the first time. An ensuing motion was made by Director Keith, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading; which motion was adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the.members of the Board of Directors - elect. Upon second-reading-of the Ordinance, there was a motion from Director Hollingsworth, seconded by Director-Dailey; -for a.further suspension of the rules to allow for the third and final reading of the Ordinance at this'time,' and said motion was unanimously adopted by members of the Board of Directors present, being six in number and,two- thirds or more of the members of the Board of Directors- elect.' The Ordinance was .thenread the third and last time and the resulting Aye and No Vote taken on the passage.of the Ordinance is recorded as follows: Ayes - Directors Keith and Dailey, Mayor - Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent -= Director Young - total 1. The Ordinance was declared passed. A brief discussion ensued regarding the continuation of an Executive Session held by the Board of Directors with the Chief of Police on Monday, May 28th. A motion was then made and seconded by Directors Hollingsworth and Dailey, respectively, and unanimously adopted by members of the Board of Directors present that the meeting be recessed at the present time and reconvened for a tentative date of June 10th at 7:00 o'clock A. M., for the purpose of continuing the Executive Session. A request was made by Director Linkous that a place be selected for the meeting which would afford the'degree of privacy necessary for free discussion, which request was concurred in by the Board Members present. Directors Dailey and Linkous advised the Mayor at this time that they would be unable to attend the next regular meeting of the Board scheduled for June 17th. As there was no further business to be presented or to come before the Board of Directors, the meeting was recessed at 9:15 o'clock P. M. and scheduled to reconvene in Executive Session at a date tentatively scheduled for Tuesday, June 10, 1975 at 7:00 o'clock A. M. ATTEST: APPROVED: Awr City Clerk J Mayor Board of -Directors Chamber Little Rock, - Arkansas' June 12, 1975 - 7:00- A. -Wf- . The Board of Directors of the City of Little Rock, Arkansas met in-reconvened session from.June,3, 1975 with Mayor Wimberly presiding and Jane %Czech,. -City Clerk, and the-following Directors present: Directors Keith, Dailey, Linkous. and Young - total 4; Absent -- Directors.Bussey and Hollingsworth - total 2. Mayor Wimberly announced that a quorum was in attendance, and the meeting proceeded.as.herein' recorded.. - The first item of business was a request from Director Dwight Linkous that the Board reconsider their-action on the amendment to the proposed Ordinance adopting the 19.75' National .Electrical-Code, which was adopted on May 20, 1975 (See Minute Record A -5; Page 84) and that he would like to- present a new amendment for, consideration by- the'Board, instead of the one adopted May .20th. Director Keith then made a motion "that action on the above mentioned amendment be reconsidered and deleted, and that the new amendment be presented." This motion was seconded by.Director Dailey and was adopted by the.following roll call vote: .Directors Keith,,Dailey, Mayor Wimberly, Directors - Linkous and Young - total 5; Noes - None; Absent -.Directors. Bussey and.Hollingswor.th. —total 2. - Mayor. Wimberly then.. announced that Director Linkous' proposed amendment, in lieu of the.amendment.adopted;May 20; 1975, - would-be presented in accordance with the roll call... Director-Linkous. then made a motion "that-an outside receptacle be an optional item, but in the event that an exterior receptacle is built into a home, a ground fault circuit interrupter must be installed, and also that it be applicable to - bath- rooms.." The ibove.s£ated motion was seconded by Director Dailey and was adopted by the- following roll . call vote: • Ayes.- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and.Young -total 5; Noes -- None;. Absent. - Directors Bussey -and Hollingsworth - total -2._- Mayor - Wimberly announced that the amendment had been adopted by roll -call vote and the proposed Ordinance, as amended, was placed on third reading. (See Ordinance No. 13,050-as-follows) There was presented Ordinance No. 13,050, entitled: AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL. -CODE OV 1975 AS -THE ELECTRICAL CODE FOR THE CITY OF` LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the- third'and last time, as amended.. The ensuing.Aye and No Vote taken on the passage of the Ordinance resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous-and Young total 5;' Noes.- None; Absent - Directors Bussey and.Hollingsworth total 2. It was announced by Mayor Wimberly that the Ordinance, as amended, had been passed. Director Hollingsworth was enrolled. Presented at this time was Ordinance No. 13,051, described as follows: AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, SAID CHAPTER DEALING WITH THE ELECTRICAL CODE OF THE CITY OF LITTLE ROCK,. ARKANSAS; with there being a second reading of the Ordinance. The rules were then suspended to provide for the third and final reading of the Ordinance by motion of Director Linkous, which was seconded by Director Keith, and adopted by unanimous vote of the members of the Board of Directors present, being six in ' number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then 1 read the third and last time; after which there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein described: Ayes Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young- :total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was therefore, declared passed. 9'7 a JUNE 122 1975, Cont'd. At this time, Director Keith made a motion that the Board of Directors go into Executive Session in the Conference Room, and this motion was seconded by Director Dailey and adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. The Board then recessed to Executive Session. 8:50 o'clock A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the Executive Session, in the Board of Directors Chamber with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors,Keith, Dailey, Linkous, Hollingsworth and Young - total 5; Absent - Director Bussey - total 1. Mayor Wimberly then declared a quorum to be present. With there being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Hollingsworth, and by unanimous voice vote of the Board Members present, the meeting was adjourned at 8:55 o'clock A M., to meet again in regular session on Tuesday, June 17, 1975 at 7:30 o'clock P. M. ATTEST: APPROVED; City Clerk Mayor 1 1 1 i 99 Board of Directors Chamber Little Rock, Arkansas ' June 17, 1975 - 7:30 P. M. The Board of Directors of the City of,Little Rock, Arkansas met in regular session with Mayor. Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Bussey and Hollingsworth - total 3; Absent.- Directors Dailey, Linkous and Young - total 3. A quorum was declared present, and the proceedings of the meeting are described as follows: The Invocation was given by Mayor Wimberly. The reading of the minutes of the previous meeting held on June 3, 1975 and the reconvened meeting of June 12, 1975 was dispensed.with; and said minutes were approved as written and summarized to the Board of Directors upon_motion of Director Keith, seconded by Director Bussey, and by unanimous vote of the members of the Board of Directors present. The first item from.the Official Agenda consisted. of a series „of Zoning.Petitions, approved by the Planning Commission, and described as follows: Z -2915 - Petition from E. Ray Stalnaker to rezone 5610 Big Oak Lane (See Petition for lengthy legal description) from "A” One- family District to "C" Two - family District. Z -2921 - Petition from Cheryl Coots to rezone 124 South Woodrow Street, described as Lot 9, Block 1, Charles.Stifft's Addition to the City of Little Rock, Arkansas, from "B" Residence District to "C" Two- family District. Z -2924 - Petition from the Little Rock Housing Authority to rezone 1225 South Cleveland Street, described as the west one -half of Block 31, Cox Subdivision of Taylor and Bodeman Addition to the City of Little Rock, Arkansas, from "F" Commercial District to "C" Two - family District; with the exception of the north 37 feet, more or less. As there was no one present to speak in opposition to the above described Petitions, an Ordinance to reclassify these tracts was placed on first reading. (See proposed Ordinance, as follows) There was presented a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time; after which it was placed on the calendar for second reading on July 1, 1975. The next item presented was a Petition from the Woodlawn Baptist Church, Inc., requesting the vacating and closing of an alley running north and south through Block 19 of the Lincoln Park Addition to the City of Little Rock, Arkansas, which had been reviewed and approved by the Planning Commission. As a Public Hearing had been set for this time and place by Resolution No. 5,376, notice of which was published on May 30, 1975 and June 6, 1975, Mayor Wimberly then officially declared the hearing to be open. There was no one in attendance who responded to the Mayor's invitation to address to the issue and, therefore, the Public Hearing was declared closed, and a related Ordinance was placed on first reading. (See proposed Ordinance as follows) A proposed Ordinance was presented, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN BLOCK 19, LINCOLN PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance, which was subsequently placed on the calendar for second reading on July 1, 1975. Again presented was the Petition of the Arkansas State Highway Commission and the Little Rock School District by Attorney William L. Terry, requesting the vacating and closing of portions of East 16th Street and Vance Street; and also alleys located in Blocks 8, 9 and 10 of Bragg's Addition to the.City of Little Rock, Arkansas, and in Lenon and Edwards Subdivision of Block 11 of Bragg's Addition to the I_ 00 JUNE 17, 1975, Cont'd. City of Little Rock, Arkansas. The Petition had received the approval of the Planning Commission and, subsequently, a Public Hearing on this matter had been set by Resolution No. 5,377 for this time and place, notice of which had been duly published on May 30,_1975 and June 6, 1975 as prescribed by Law. It was then announced by the Mayor that the Public Hearing was open and those wishing to express an opinion in this matter would be heard. However, there was no one present who wished to speak either for or against the proposed closing of these streets and alleys and, therefore, an Ordinance providing for these closings was placed on first reading. (See the following proposed Ordinance) Then presented was a proposed Ordinance, containing the following title: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, ABANDONING AND CLOSING THAT PORTION OF VANCE STREET LOCATED BETWEEN EAST 15TH STREET.AND EAST 17TH STREET, AND ALSO THAT PORTIO OF EAST 16TH STREET LOCATED BETWEEN BRAGG STREET AND McALMONT STREET, ALL IN BRAGG'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; AND ALSO THE NORTH -SOUTH ALLEYS LOCATED IN BLOCKS 8, 9 AND 10, BRAGG's, ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, AND ALSO THE EAST -WEST ALLEY LOCATED IN LENON AND EDWARDS SUBDIVISION OF BLOCK 11 OF BRAGG'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;. which Ordinance was read the first time, and then placed on the calendar for second reading on July 1, 1975. A Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of April, 1975 was presented at this time, and subsequently received and filed upon motion of Director Hollingsworth, seconded by Director Bussey, and by unanimous vote of the members of the Board of Di present. There was presented a proposed Ordinance entitled: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPLY FOR AND RECEIVE HOUSING AND URBAN DEVELOPMENT 7 ASSISTANCE FUNDS FOR LAND USE AND HOUSING MANAGEMENT STUDIES; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time, followed by an announcement from Mayor Wimberly that the Ordinance would remain on the calendar for its second reading on July 1, 1975. A proposed Ordinance, described as follows, was the next presentation: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR AND RECEIVE LEAA':GRANT FUNDS TO EXTEND THE RESIDENTIAL AREA PATROL FOR THE SECOND YEAR; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, it was announced that the Ordinance would be placed on the , calendar for its second reading on July 1, 1975. Resolution No. 5,382 was then presented, with the title being: A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF AERIAL COMMUNICATION CABLE TO BE USED AT THE NEW CENTRAL FIRE STATION; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; with the Resolution being read in full. There was a motion which followed from`:Director Bussey, seconded by Director Keith, which led to adoption of the Resolution by the following roll call vote: Ayes - Director Keith, Mayor Wimberly, Directors Bussey and Hollingsworth - totaL_4;.,. -Noes - None; Absent - Directors Dailey, Linkous and Young - total 3. The next presentation was Resolution No. 5,383, entitled: A RESOLUTION AUTHORIZING A CONTRACT WITH PENNELL, ANDERSON, WILSHIRE AND ASSOCIATES, INC. FOR CONSULTING SERVICES FOR THE LITTLE ROCK CENTRAL BUSINESS DISTRICT AND THE UNIVERSITY AVENUE CORRIDOR; AND FOR OTHER PURPOSES; which Resolution was read in its entirety; and thereafter adopted by motion of Director Bussey, seconded ' by Director Keith, and by the following roll call vote: Ayes - Director Keith, Mayor Wimberly, Directors Bussey and Hollingsworth. 101 JUNE.17, 1975, Cont'd. A proposed Ordinance was presented next, with the title being: AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS, PRIVATE SEWAGE DISPOSAL, THE INSTALL- , ATION, CONSTRUCTION, MAINTENANCE, AND CONNECTION OF BUILDING SEWERS; THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND FOR OTHER PURPOSES; ALL PERTAINING TO THE SEWER LINES AND SYSTEM WITHIN THE JURISDICTION OF THE CITY OF LITTLE ROCK, ARKANSAS; with said Ordinance being read the first time, and subsequently left on the calendar for second reading on July 1, 1975. Presented at this time was a proposed- 'Ordinance, described as: AN ORDINANCE ESTABLISHING RULES OF PARLIAMENTARY PROCEDURE FOR MEETINGS OF THE BOARD OF DIRECTORS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. An announcement was then made by Mayor Wimberly that the Ordinance would remain on the calendar for its second reading on July 1, 1975. A proposed Ordinance was then presented, with the title being as follows: AN ORDINANCE APPROVING, ACCEPTING AND CONFIRMING THE PLAT CHANGE FILED IN PULASKI COUNTY, ARKANSAS RECORD BOOK 81 AT PAGE 208, DATED JULY 19, 1904 OF THE LOCATION OF CUMBERLAND STREET BETWEEN FRACTIONAL BLOCKS 4 AND 5 OF LOT 18, RAPLEY ESTATE PLATTED AND FILED OF RECORD ON DECEMBER 14, 1886 IN PULASKI COUNTY, ARKANSAS RECORD BOOK 15 AT PAGE 575; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with said Ordinance being read the first time; after which it was placed on the calendar for second reading on July 1, 1975. Introduced at this time was Resolution No. 5,384, entitled: A RESOLUTION ENDORSING THE BICENTENNIAL STEERING COMMITTEE APPLICATION TO ARKANSAS AMERICAN REVOLUTION BICENTENNIAL COMMITTEE FOR DESIGNATION OF LITTLE ROCK AND NORTH LITTLE ROCK AS BICENTENNIAL COMMUNITY; and there was a full reading of the Resolution. A motion was then made by Director Keith, and seconded i by Director Hollingsworth, which resulted in a roll call vote whereby the Resolution was adopted_by.the following vote: Ayes - Director Keith, Mayor Wimberly, Directors Bussey and Hollingsworth - total 4; Noes -- None; Absent - Directors Dailey, Linkouss and Young - total 3. , The final presentation from the Official Agenda was Resolution No. 5,385, containing the following title: A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Wesley T. Hall to the Advertising and Promotion Commission; and John W. Kizer to the Board of _the Museum of Science and Natural History) with the Resolution being read in full, and thereafter adopted upon motion of Director Bussey, seconded by Director Keith, and by a roll call vote described as follows: Ayes - Director Keith, Mayor Wimberly, Directors Bussey and Hollingsworth - total 4; Noes - None; Absent - Directors Dailey, Linkous and Young - total 3. As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Hollingsworth, seconded by Director Bussey, and unanimously adopted by the Board members present, the meeting was adjourned at 8:00 o'clock P. M., to meet again in regular session on Tuesday,.July 1,.1975 at 7:30 o'clock P. M.. ATTEST: APPROVED: �. ' City Clerk Mayor Board of Directors Chamber Little Rock, Arkansas July 1, 1975 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor i Wimberly presiding and Jane Czech, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Young - total 5; Absent - Director Hollingsworth - total 1. A quorum was therefore declared present, and the meeting then.proceeded as herein described: The Invocation was given by Director Dailey. The reading of the minutes of the previous meeting held on June 17, 1975 was dispensed with and said minutes were approved as written and summarized to the Board of Directors upon motion of Director Dailey, seconded by Director Keith, and by unanimous vote of the members of the Board of Directors present. The first item which was presented from the Official Agenda for consideration was Ordinance No. 13,052, entitled: AN ORDINANCE APPROVING, ACCEPTING AND CONFIRMING THE PLAT CHANGE FILED IN PULASKI COUNTY, ARKANSAS RECORD BOOK 81 AT PAGE 208, DATED JULY 19, 1904 OF THE LOCATION OF CUMBERLAND STREET BETWEEN FRACTIONAL BLOCKS 4 AND 5 OF LOT 18, RAPLEY ESTATE PLATTED AND FILED OF RECORD ON DECEMBER 14, 1886 IN PULASKI COUNTY, ARKANSAS RECORD BOOK 15 AT PAGE 575; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;- and the Ordinance, which was first read on June 17, 1975 (See Page 101 of this Minute Record), was then read the second time. A motion was made at this time by Director Keith, and seconded by Director Bussey, to suspend the rules and place the Ordinance on its third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. An Aye and No vote was then taken on the passage of the Ordinance, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director Hollingsworth - total 1. The Emergency Clause contained within Section 2 of the foregoing Ordinance was subsequently read and submitted to a roll call vote, resulting as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes- None; Absent - Director Hollingsworth - total 1. The Ordinance, together with the Emergency Section, was declared passed. , Zoning Petition No. Z- 2812 -A was the next presentation, having been submitted by the L &-L Construction Company for the purpose of rezoning property - located at 500 -512 Mimi Lane, described'as Lots 15, 16, 17 and 18 of the Park Ruby Subdivision to the City of Little Rock, Arkansas; from "A" One- family District to "C" Two- family District for Lots 15, 16 and 17, and "D" Apartment District for Lot 18; and having been approved by the Planning Commission. At this point, Director Linkous made the following statement: "I would Like for the record to show that, due to a conflict of interests, I am abstaining from voting, as well as the discussion, on this Petition." A proposed Ordinance, providing for the rezoning of the above- described property, was then placed on first reading. (See proposed Ordinance, as follows) There was presented a proposed Ordinance, described as: AN ORDINANCE RECLASSIFYING 500 -512 MIMI LANE IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time, and followed by a motion from Director Bussey, seconded ' by Director Dailey, to suspend the rules and place the Ordinance on its second reading. A this time, Director Keith expressed his objection to the second reading of the Ordinance, stating "that some interested parties cannot be here" and requested that the matter be left on the calendar for second reading at the next meeting. Director Bussey's motion for a suspension of the rules was then submitted fl JULY 1. 1975. Cont'd. to a roll call vote, recorded as follows:' Ayes - Director Bussey - total 1; Noes - Directors Keith and Dailey, Mayor Wimberly and Director Young - total 4; Abstaining - Director Linkous - total 1; Absent - Director Hollingsworth - total 1. With the motion to suspend the rules having failed, the Ordinance was therefore placed on the calendar for second reading on July 15, 1975. Presented at this time was Zoning Petition No. Z -2925 submitted by Joe DeSalvo, requesting the rezoning of property located at 600 Mimi Lane, more particularly described as Lot 14 of the Park Ruby Subdivision of the City of Little Rock, Arkansas; from "A" One - family District to "C" Two- family Dist with the Petition having received the approval of the Planning Commission. As there was no one present to oppose the rezoning of this property, an Ordinance to reclassify same was placed on first reading. (See proposed Ordinance, as follows) e The following proposed Ordinance was presented, with the title being: AN ORDINANCE RECLASSIFYING 600 MIMI LANE IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A brief discussion then ensued, which was prefaced by a motion from Director Dailey "that this matter be Left on the caZendar for second reading" due to the ..�. .___ or: close proximity of the subject property with the property described in the preceding Ordinance. At this point, an opinion was requested of the City Attorney by.Director Linkous concerning an alleged petition being circulated which, if successful, would remove from the Bill of Assurance on this property a pro- . vision allowing for the construction of multi - family property. In response, City Attorney Joseph C. Kem ruled that Bills of Assurance are not binding in the-area of zoning petitions, and added that "no two parties or entities can police away the power of the City." Director Dailey's motion to defer this matter was then seconded by Director Bussey and adopted by the following roll call vote: Ayes - Directo Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director Hollingsworth - total 1. Accordingly, the Ordinance was placed on the calendar for second reading on July 15, 1975. The following Zoning Petitions, as approved by the Planning Commission,.were presented: Z -2915 - Petition from E. Ray Stalnaker to rezone property at 5610 Big Oak Lane, described in lengthy legal: terminology: on- the Petition, from "A'iOne- family District, to "C "; Two - family District. Z -2921 - ,;Petition from .Cheryl :Coots to. rezone property, located at 124 South.-Woodrow Street, described as Lot 9, Block :1-,. Charles Stifft'.s Addition: to: the City-of Little,Rock, Arkansas; from "B" Residence District to "C" Two - family District. Z -2924 - Petition from the Little Rock Housing:Authority to.rezone property at 1225 South Street, described as the= West. one-half of Block 31 of Cox. Subdivision: of Taylor and,Bodeman's Addition to the City of Little Rock, Arkansas; from "F" Commercial District to "C" Two- family District, less and except the north 37 feet t. There was no response to an invitation from Mayor Wimberly for any interested persons to come for= ward and be heard on the subject; therefore, an Ordinance to reclassify the above described properties was placed on second reading. (See Ordinance.No. 13,053 below) Presented for second reading was Ordinance No. 13,053, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK,•ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and having been read the first time on June 17, 1975 (See.Page 99 of this Minute Record), the Ordinance , was then read the second time. At this time, the rules were suspended and the Ordinance was placed on its third and final reading by motion of Director.Keith, seconded by Director Bussey; and by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors- elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote was taken on the passage of the Ordinance and is.recorded herein as follows: .. � IIIIII 104 JULY 1. 1975. Cont' Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director Hollingsworth - total 1. It was then announced that the Ordinance had passed. Also.presented for second reading was Ordinance No. 13,054, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN BLOCK 19, LINCOLN PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Petition of the Woodlawn Baptist Church, Incorporated - See Page 99 of this Minute Record.for presentation of Petition, Public Hearing and first reading of Ordinance) and the Ordinance was read the second time; after which there was a motion by Director Bussey, seconded by Director Dailey, for a suspension of the rules to allow for the third and final reading of the Ordi- nance at this time. The motion was unanimously adopted by members of the Board of Directors present, bei six in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, there was a third and last reading of the Ordinance. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director. Hollingsworth - total 1. The Ordinance was therefore declared to have been passed. The next presentation was Ordinance No. 13,055, also on second reading, and entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS ABANDONING.AND CLOSING THAT PORTION OF VANCE STREET LOCATED BETWEEN EAST 15th STREET AND EAST 17th STREET, AND ALSO THAT PORTION OF EAST 16th STREET LOCATED BETWEEN BRAGG STREET AND McALMONT STREET, ALL IN BRAGG'S ADDITION TO THE CITY OF LITTLE ROCK,�ARKANSAS; AND ALSO THE NORTH -SOUTH ALLEYS LOCATED IN BLOCKS 8, 9 AND 10, BRAGG'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; AND ALSO THE EAST -WEST ALLEY.LOCATED IN LENON AND EDWARDS SUB- DIVISION OF BLOCK 11 OF BRAGG'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Petition of Arkansas State Highway Commission and Little Rock School District - See Page 99 of this Minute Record for presentation of Petition, Public Hearing, and first reading of Ordinance) and upon second reading of the Ordinance, there was a motion by Director Bussey to suspend the rules and place the Ordinance on its third and final reading. The motion was seconded by Director Dailey, and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members`,gof the Board of Directors - elect. The third and last reading of the Ordi- nance resulted in an Aye and No Vote being taken on the passage of the Ordinance and resulting as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director Hollingsworth - total 1. It was then Vnnounced that the , Ordinance had been passed. Ordinance No. 13,056 was presented, with the title being: AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF.LAND WITHIN SEWER IMPROVEMENT DISTRICT NO. 141 OF LITTLE ROCK, ARKANSAS; with said Ordinance being read the first time. There was no response to City Attorney Joseph C. Kemp'x`s invitation at this time for objectors toy %come forward and be heard; therefore, a motion ensued from Director Keith for a suspension of the rules to allow for the second reading of the Ordinance. The motion received a second from Director.Dailey and unanimous adoption by members of the Board of Directors present being six in number and two - thirds or more of the members of the Board of Directors - elect; after which d there was a second reading of the Ordinance. A subsequent motion was made by Director Keith, again seconded by Director Dailey, which further suspended the rules to provide for the third and final reading of the Ordinance, with said motion having been adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director Hollingsworth - total 1. The Ordinance was declared passed. Introduced at this time was Ordinance No. 13,051, containing the following title: F JULY 1, 1975, Cont':'a. AN ORDINANCE AMENDING ORDINANCE NO. 13,016 TO PROVIDE FOR THE PREPAYMENT OF FOUR SHU -PAK VEHICLES AUTHORIZED FOR PURCHASE THEREIN; AND FOR OTHER PURPOSES; which Ordinance was then read the first time; after which it was explained by City Attorney Joseph C. Kemp that the purpose of this prepayment was to avoid a price escalation anticipated at the time of delivery of the vehicles. Subsequently, a motion was made and seconded by'Directors Dailey and Keith, respectively, and unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of'the members of the Board.of Directors - elect, which suspended the rules and placed the Ordinance ozi its second reading. Upon second reading of the Ordinance, the rules were further suspended to provide for the third and f' inal reading of the Ordinance by a,motion made bf5.,j Director Young, seconded by Director Dailey, and unanimously adopted by members of the Board of Direc present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by an Aye and No Vote taken on.the passage of the Ordinance which resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director Hollingsworth - total 1. The Ordinance was therefore declared to have been passed. Resolution No. 5,386 was presented, and entitled: A RESOLUTION AWARDING A CONTRACT TO BALDWIN, MEADORS AND ASSOCIATES, INC. FOR CITY VEHICLE LIABILITY INSURANCE FOR ONE YEAR; AND FOR OTHER PURPOSES; (One -year noncancellable policy, at a premium of $53,021.00) which Resolution was read in its entirety. A motion was then made by Director Linkous,and seconded by Director Keith, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young -_total 6; Noes None; Absent - Director Hollingsworth-- total 1. There was presented Ordinance No. 13,058, described as: AN ORDINANCE APPROVING AND-ADOPTING AMENDMENTS To THE PENSION PLAN FOR NON - UNIFORM EMPLOYEES OF THE CITY OF LITTLE­ROCK, ARKANSAS;*AND FOR OTHER PURPOSES; " (Pertaining to employees of the Health Department) and the Ordinance was read the first time; after which there was a motion made and seconded by Directors Keith and Linkous, respectively, for a'suspension'of 'the rules to allow for the second reading of the Ordinance. The motion received unanimous adoption by members of the'Board'of Directors:present,.being six in number and two - thirds or more-of-the membersjof'the�Board =of Directors= elect; whereupon-there was a ''second reading -of the'Ordinance._Director Young then- made:a motion,= seconded:by Director Keith,:for a further'suspension of'the rules and.the placing -of the Ordinance om its:third and final- reading, with the motiom beingladopted by unanimous vote of the members of'the Board of Directors:present',- being' -six in number and two - thirds or more'of, the +members of the Board of Directors_ elect:.- -There was a third and last reading of the Ordinance,. followed -by an Aye and No Vote on the Passage:of the: Ordinance, resulting as herein described: Ayes = Directors Keith and Dailey, . Mayor. Wimberly, Directors Linkous;- Bussey - and Young - total-6; Noes - ,None; Absent ­Director Hollingsworth - total: 1. Accordingly;:it -was then announced that the Ordinance had passed. Then presented was Resolution No.•5,387, entitled: - A RESOLUTION AWARDING A CONTRACT FOR THE-1975 STREET SLURRY SEAL -PROGRAM; AUTHORIZING'PAYMENT;:- •. AND FOR,OTHER PURPOSESit ... .. (Contract to Jack Wood Construction Company, Inc. of Judsonia, Arkansas in the amount of $64,537.21) which Resolution was read in full; 'A motion was made, at this .time: by'Director Bussey•and:seconded by Director Linkous;-which re'sulted�in-a roll call vote adopting the Resolution by the following vote: Ayes - Directors Keith and.Dailey, Mayor Wimberly; Directors Linkous, Bussey and -Young —total 6; Noes - None; Absent - Director Hollingsworth - total 1. V of 106 JULY 1, 1975, Cont'd. At this point,;a.proposed Resolution was presented which is described as follows: A RESOLUTION AWARDING A CONTRACT FOR CONSTRUCTION OF DRAINAGE MODIFICATIONS IN CLOVERDALE SUB- DIVISION; TRANSFERRING FUNDS:; AUTHORIZING -PAYMENT; AND FOR OTHER PURPOSES; (Contract to Heavrin Construction Company in-the amount of $60,435.24). " and said Resolution was read in full..,,The ensuing discussion was•prefaced.by a suggestion from Communit. Development Director Don R._Venhaus that this matter be deferred for two•weeksyr; due to a "severe Basemen problem." He advised - -that all easements have been granted the City: for this - project, with�the exception of one for which-the owner-is requesting,,payment; and if an agreement is not reached, a•.choice will have to be made by the City to either forego the project or condemn the property.,, City Manager,Carleton- McMullin urged that action be taken on this matter by the:Board, stating "we have a•bona fide bid----. we could take action, award the bid, and not execute the contract until a settlement is made." However, a motion was then made by Director.Keith, seconded by Director Bussey, that the matter be delayed for two weeks; with the motion being adopted by the.following: roll call vote:, Ayes or Directors Keith and - Dailey, Mayor Wimberlyi Directors•Linkous; Bussey and-Young - total 6;: :Noes - None; Absent - Director Hollingsworth - total 1. Consequently, the matter was placed on the calendar for further consideration on July 15, 1975. " The next presentation was Resolution No. 5,388, with the title being:; A RESOLUTION AWARDING CONTRACTS FOR THE DEMOLITION:OF CERTAIN HOUSES IN THE CITY OF.LITTLE ROCK: WHICH HAVE BEEN CONDEMNED; AUTHORIZING PAYMENT; -AND FOR OTHER PURPOSES; - " "1 • .. (Demolition of 57 structures) with there being a complete reading -of :the,Resolution;•which was thereafter adopted upon motion of Director Linkous, seconded by Director Dailey, and by thelfollowing roll call vote:. Ayes - ;,Directors ,. Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey -sand Young:r.-total 6;-..Noes - None; :Absent,- Director Hollingsworth - total 1. Ordinance No. 13,059 was presented for second reading at this time, and is described as: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO -APPLY FOR AND RECEIVE.HOUSING AND,URBAN DEVELOPMENT: ASSISTANCE FUNDS FOR LAND USE AND HOUSING MANAGEMENT STUDIES; APPROPRIATING FUNDS; AND FOR OTHER - PURPOSES; :::: , .. -. ... .. - . . with the Ordinance being read the second time, having been read the first time on June 17, 1975. There was a motion then.made,by Director Keith and seconded,by Director Dailey,:that the rules be,.,. .. suspended and the Ordinance be placed on its third-and-final reading; which motion -was unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or,more,of. -the members of the Board of Directors - elect., After.the•:third and last reading:of the Ordinance,Ithe questioi of the passage of the Ordinance was submitted to an Aye and No. -Vote, which resulted as follows: Ayes Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and•Young — total 6; Noes.- None; Absent - Director Hollingsworth - total:l.:,It was.announced that..the Ordinance had passed. . There was presented an Ordinance, No: .:13,060 „ entitled: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR AND RECEIVE LEAA GRANT FUNDS TO EXTEND THE RESIDENTIAL AREA PATROL FOR A SECOND YEAR; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; which Ordinance, having been read the first time on:June,17, 1975, was,then,read the second time.. The rules were subsequently suspended to allow•.for the:.thir& and•final reading.at this time by a motion made by Director Bussey, seconded by Director Keith, and unanimously adopted by members of the Board of Directors present, being -six in_ number and two- thirds:or,• more of the,members.of the:Board:of.Directors- elect. There was a third and last reading;of. the Ordinance; after which the following Aye:.and -No Vote,: on the passage o.f.; the •Ordinance was.Lrecorded: : -j Ayes .- Directors Keith and, Dailey,; Mayor Wimberly, - Direct Linkous, Bussey and Young. — total -6;: ,Noes; None.; Absent:,- Director Hollingsworth total. .1. Accordin ly, the Ordinance was declared passed. L I JULY 1. 1975. Cont'd. Resolution No. 5,389 was the next presentation, with the title being: A RESOLUTION DIRECTING THE CITY MANAGER TO DEVELOP AN EMPLOYEE RECOGNITION •SYSTEM; AND'FOR OTHER PURPOSES; and said Resolution was read in'full. A'motion'was then made by Director Linkous, and seconded bye. Director Dailey, that the Resolution be adopted. A roll call was taken.and; the Resolution'was: sub sequently adopted by the following vote: Ayes _ Directors Keith and Dailey, Mayor .Wimberly ;% Directors Linkous,�Bfissey'and Young - total 6;• Noes - None; Absent,­-Director Hollingsworth - total I.,. There was presented Ordinance No. 13,061, containing the following title': AN-ORDINANCE CREATING THE'POSITION'OF MUNICIPAL PUBLIC' DEFENDER; PRESCRIBING DUTIES;tAPPROPRIATING FUNDS; AND FOR OTHER PURPOSES; and the'Ordinance.was read the first time:. Director Linkous then stated that1 e.,would like .,.to.,go'on record with the following statement,' "I think all of us'are highly in favor'of what�the program stands for, however, I wish to question a p`o'licy measure'that'our Board took -- I am.not "setting policy�as one Director as I vote on'it:^ It appeared'to'me'in the'Agenda'Meeting (6- 25 -75) that-we-hired Mr. Duncan on the spot to fill this position. I do not feel, it comes under. the prerogative of this .Board, to_hire. I feel very, strongly that we " can, in.effect set a policy without' really• knowing it." It was contended by'City Manager Carleton McMullin that this':was not'thetcase, and Director Young explained that this was an example of "picking up a program'in progress in which you inherently go along.with the structure." A motion was then made by Director Keith, seconded-by-Director Bussey, to suspend the rules 'and.place the Ordinance on its second reading, with the motion being unanimously adopted by.members of .the.Board of Directors'present; being six in number and two - thirds or more of.the members of the Board of Director elect. There was a second reading of the Ordinance, followed by a subsequent motion from Director Busse that the rules again be suspended to provide for the third and final reading of: -the Ordinance at this time: The motion'was seconded'by Director Linkous and-unanimously.-adopted by members'of the Board of Directors present, being six in number and,two- thirds or more of 'the members, of the Board. of Directors - elect; after which the Ordinance was read for the third and,last time. The resulting Aye and No Vote., taken'on the passage of the'Ordinance is recorded herein as.foliows:' Ayes,- Directors.Keith'and Dailey, Mayor Wimberly,--Directors Linkous,"Bussey' and Young -'total 6; Noes _ None; Absent - Director Hollings worth - total 1: It was then announced that 'the Ordinance had, passed ; -. Presented for second reading at this time was Ordinance No. 13,062, described, as: AN ORDINANCE REGULATING THE USE OF.PUBLIC AND PRIVATE SEWERS;',PRIVATE SEWAGE- DISPOSAL�.THE INSTALLATION, CONSTRUCTION, MAINTENANCE, AND CONNECTION OF BUILDING:'SEWERS; THE:DISCHARGEiOF•WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM;'PROVIDING PENALTIES FOR THE = VIOLATION THEREOF;'REPEALING-ALL ORDINANCES IN CONFLICT THEREWITH; AND -FOR OTHER PURPOSES;:•ALL PERTAINING TO THE SEWER LINES1 =AND SYSTEM WITHIN THE JURISDICTION OF THE CITY OF LITTLE ROCK, ARKANSAS; and there was a second reading -of the Ordinance, which was read for the first time•'on June 171 1975.­A motion by Director Bussey, seconded by Director Keith, and unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors elect, then suspended the rules and placed the,Ordinance on its third and final reading. Following the third and last reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordi- nance which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hussey and Young - total 6; Noes - None; Absent - Director Hollingsworth -.total 1. The Ordinance was declared passed. At this time, City Manager Carleton McMullin presented an item which was not included on the Official Agenda. Mr. McMullin requested that the Board of Directors appropriate $50,000 for the purpose of meetilll immediate financial needs of the Central Arkansas Transit, which amount would subsequently be repaid the _ . I City upon the receipt of Federal grant t f funds by the Transit Company. Director Keith suggested that this matter be presented at the July 9, 1975 Agenda Meeting for consideration by the Board of Directors on JULY 1, 1975, Cont'd. July 15, 1975. •It was then :explained.by,Director'Young, who.is.,the City's.representative on the, Transit Policy Board, that a crisis situation does exist, that approximately $100,000 in.Federal funds had been approved and would.be forthcoming in the_near;•future, and that a temporary loan from the City would avoid high'interest payments:•in:the event the Transit:Company is:forced to obtain a bank loan. After considerable discussion, ..there. was at motion : by- Director. Dailey. to present an Ordinance; authorizing the City Manager to make a shortnterm loan for: thei,purpose. of meeting; the, financial, needs of the Central Arkansas Transit. The motion,was•seconded by Director Bussey and unanimously.adopted,by_members : of the Board of Directors.present,tand a proposed Ordinanceiwas therefore placed on.first_reading.,:(See_, proposed Ordinance, below) In accordance with the:.foregoing:discussion,'a proposed Ordinance, was, presented; and ;ientitled :, AN ORDINANCE APPROPRIATING THE SUM. OF $50,000.00,FROM.THE GENERAL.FUND, -OF THE CITY. OF. LITTLE ROCK AS ADVANCE PAYMENT TO: CENTRAL. ARKANSAS, TRANSIT ;.•AND_FOR: OTHER PURPOSES.; r... :... and there was a first reading. of said Ordinance. -A motion. to suspend.:the; rules, for,•the_ second reading,; made and seconded -by Directors, Bussey and:.Dailey,.respectively, then failed', to be, adopted in a..roll:_call vote described as follows: +.. Ayes. - ,Directors Dailey,., Linkous, .Bussey and Young - total 4; Keith and Mayor Wimberly:-..total.2;:.;Absent - ,Director Hollingsworth,- total.l. Director Keith pre - empted his vote with:the.statement - that "I• object : that -it was not on the -Agenda,, and. I object :,to., -- the suspension of.the rules:" :The Ordinance was.therefore left on the calendar -for second reading at a later date. Mr. Dale Booth,, District Manager, of the Arkansas,.Fower and Light, Company, :addresseddthe,Board,_: briefly, stating that he would.be.going to,another assignment within,his company and,that, another representative of,-his company.would be. attending future Board Meetings.,_ Speaking for,the Board of. Directors, Mayor Wimberly commended Mr. Booth for the service he had rendered in taking an active intere in City government and expressed the wish:that others would follow-•his example and, in.turn, become, interested and participate in City government. . At 8:40 o'clock P.. M., upon motion of Director:Keith,:seconded by Director Linkous and unanimously adopted by members of the Board, there was a recess for the purpose of discussing the nominees submitted for appointment to the Board of Trustees•of,the Arkansas, Arts.Center: The meeting was reconvened at.8:50 o.'clock P'..M: with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present:' Directors Keith, Dailey, Linkous, Bussey and Young - total 5 Absent - Director Hollingsworth - total 1.,. .. - 1 - - I Resolution No. 5,390 was presented at this time, with the -title being: . A RESOLUTION- MAKING APPOINTMENTS TO THE.BOARD OF.TRUSTEES OF THE ARKANSAS ARTS CENTER; AND.FOR OTHER PURPOSES; 1 -- (Mrs. Harold Cabe, Mr.,Richard Moore, Mrs.,James Penick, Jr.,,Mr..John Truemper, Jr.,.and.Mrs. Harold:;; :White) which Resolution was read in its entirety and thereafter adopted by motion of Director Keith, which was ., seconded by Director Dailey and subsequently adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young = total 6; Noes - None; Absent - Director Hollingsworth - total 1. The final motion of the meeting was by Director Young,uwho suggested a recess at the present time and reconvening of the meeting at a later date for the purpose of further discussing the financial situation of the Central Arkansas Transit. The motion was seconded by Director Bussey, unanimously adopted by members of the Board of Directors present; and, accordingly, the meeting was recessed at 9:00 o'clock P. M., subject to call by Mayor Wimberly. �M ATTEST: ��J (�(�/�/ APPROVED: r City Clerk Mayor V, `II spas Board of Directors Chamber Little Rock, Arkansas July 15, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met,in reconvened session with Assistant Mayor Hollingsworth.presiding and Jane, Czech, City Clerk,_ . and the following Directors present: Directors Keith, Dailey,,Linkous,.Bussey, and; Young •,r- ,.,,;�, ,,. -,�.. t, total 5; Absent -- Mayor- - Wimberly, - _total -1. - As there were no remaining items to be• considered.,from the July 1, 1975; - Agenda, the meeting was therefore adjourned at 7:35 o!clock P.•M..upon,motion . of Director Bussey,..seconded by Director ,Young, and-by unanimous vote of- the -- - -.-members of the Board of Directors present,.to meet again in regular session immediately thereafter. ATTEST: 'a APPROVED: City, Clerk' . Mayor... - i 1 . �u Board of Directors Chamber Little Rock, Arkansas July 15, 1975 - 7:35 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Assistant Mayor Hollingsworth presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey,.and Young - total 5; Absent - Mayor Wimberly - total 1. As there was a quorum in attendance, it was therefore declared, and the proceedings of the meeting are recorded herein as follows: The Invocation was given by Director Linkous. The reading of the.minutes of the previous'meeting held on July 1, 1975, and the reconvened session of July 15, 1975,'was' dispensed with and said minutes were approved as written and summarized to the members of the Board of Directors by motion of Director Dailey, which-was - seconded by Director. Keith and unanimously adopted by the Board members present. Due to the presence of a large delegation from the Arkansas Community Organizations for Reform Now (ACORN), the Citizens' Communications time allotment was granted at this time. Speaking as a member of ACORN's Executive Board and on behalf of the delegation; Mr. Bill Whipple read a statement protesting a proposed rate increase by the Arkansas Power and Light Company. Stating that "the local subsidiary of Middle South Utilities has abandoned its responsibilities as a public utility by attempting to collect two unfairly distributed rate increases in the last six months, after taking in a 53- million- dollar profit in 1975 ", he urged that the City Board use its legal authority under Arkansas Statute 73 -208 to set utility rates within "the City and enact an Ordinance which would put a- ceiling on electricity charges to small and average users. He suggested that the City adopt an electric rate structure called "Lifeline Rates ", which would essentially restructure the present rate pattern whereby a residential saving would be made up by increasing the ratessof the large users - "the same large users who have been subsidized by residential and small commercial users for so long." Upon completion of the ACORN statement, Assistant Mayor Hollingsworth made a statement, concurred in by the Board members present, assuring the group that the matter would be placed on the Agenda for the August 5, 1975 meeting. The following Zoning Petitions, as approved by the Planning Commission, were presented: z -2929 - Petition from Bonnie Mohundro to rezone 6112 Nova Lane, described in lengthy legal terms on the Petition, from "A" One- family District to "F" Commercial District. z -2930 - Petition from Joe P. Kaufman to rezone the 5100 Block of£Asher Avenue, described as Lots 4 5, 6, 7, 8, 9 and 10 of Block 29, C. 0. Brack Addition to the City of Little Rock, Arkansas, from "F" Commercial District to "I" Light Industrial District. As there was no one present in opposition to the rezoning of the above described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,063, below) There was presented Ordinance No. 13,063, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and upon first reading of the Ordinance, there was a motion by Director Hussey to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Keith, unanimously adop by the Board members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and a second reading of the Ordinance followed. There was a subsequent motion at this time by Director Keith, seconded by Director Dailey, for a further suspension of the rules to allow for the third and final reading of the Ordinance; with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, and the ensuing Aye and No Vote V r 1. JULY 15, 1975, Cont'd. taken-oh-the passage of the Ordinance is described as follows Ayes Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young'- total 6; 'Noes _ "None; Absent - Mayor Wimberly - total 1. The Ordinance was declared passed. Also presented was Zoning Petition No.�,Z- 2446 -A from Big K Development Company to rezone.property located at 8401 - Kanis Road, described as Tract 7 of Hopson and Sach's Suburban Tracts; from "E -'1" Quiet Business District to "F" Commercial District,.as approved by the Planning Commission. It was explained by Mr.-John L.•Taylor, Assistant Director of the Community Development'Department, that the Staff had recommended denial of the application on the "basis that'the.proposed rezoning would serve to'.continue th commercial strip zoning of Kanis Road further east of'Bariow Road; and that this is the proper place to reduce the density 'of the area. There was no one present to speak in opposition to the rezoning request therefore a related Ordinance was placed on first reading,Aas described below. '(See Ordinance No. 13,064) Ordinance No. 13,064 was introduced, with the title being: AN ORDINANCE RECLASSIFYING 8401 KANIS ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said - Ordinance being read the first time; after which there was a motion by Director Linkous for a suspension of the rules and the placing of the Ordinance on its second reading. The motion was seconded by Director'Bussey; unanimously adopted by'members of the Board of Directors present, being six in numbe and two - thirds or more of the members of the Board of Directors- elect, the Ordinance was then read the second time. An ensuing motion by Director Linkous suspended -the rules and provided for the third and final 'reading of the Ordinance, with -the motion having been seconded by Director Dailey and unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or,more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote -taken on the passage of the Ordinance, and resulting as follows: Ayes - Directors Keith, Dailey; Linkous and Bussey, Assistant Mayor Hollingsworth, :and Director Young- total 6; Noes - None; Absent - Mayor Wimberly - -total 1. It was then announced that the Ordinance had passed. Presented for second reading was Ordinance No. 13,065, entitled: - AN, ORDINANCE- RECLASSIFYING 500 -512; MIMI LANE IN, THE' CITY: OF' LITTLE''ROCK,. ARKANSAS; AMENDING SECTION 43 -2'OF -THE CODE OF ORDINANCES OF-THE CITY OF LITTLE ROCK,' ARKANSAS; AND FOR OTHER = PURPOSES; (Petition No. Z -2812 of -the L & L Construction Company, to rezone Lots 15, 16,al7,& 18 of Park'Ruby Subdivision to the City of Little Rock, Arkansas, from "A" One - family District to "C" Two- family Distric for Lots 15; 16 & 17 -, -and "D" Apartment District for -Lot 18',- as approved by'the= P- lanning Commission.' See Page 102 of this Minute Record for first reading of the Ordinance) and the Ordinance was then read the second time, having been read first on July 1, 1975. Consistent wit] the first presentation of the Ordinance, Director Linkous repeated his intention to abstain from any vote or discussion concerning this matter, due to a conflict of interests. Opposition to the proposed rezoning was voiced by Mr. Vance L. Broadaway, Jr. of 601 Nan Circle, who presented a Petition to the City Clerk containing the signatures of twenty -nine persons opposing this action, and displayed a map showing the zoning pattern of the area. He contended that to rezone this property as requested would be inconsistent with the existing zoning in this block, and in violation of the Bill of Assurance which restricts the land use to single - family residential. Speaking for the Petitioner, Mr. Larry Peters requested that the Petition be approved and stated that the Bill of Assurance had been amended on September 21, 1971 to allow for multi - family use of Lots 13 through 18. The rules were then suspended _. .. fr; for the third and final reading of the Ordinance at this time by motion of Director Bussey, seconded by Director Keith, and adopted by affirmative vote of all Board members present, with the exception of Director Linkous who abstained. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance, which is described as follows: Ayes - Directors Keith,, Dailey, Bussey and Young - total 4; Noes - Assistant Mayor Hollingsworth - total 1; Abstaining - Director Linkous - total 1; Absent - Mayor Wimberly - total 1. The Ordinance was therefore declared passed. FM Fl JULY 15, 1975, Cont'd. Also presented'at this time for second reading was Ordinance No. 13,066, described as: AN ORDINANCE RECLASSIFYING 600 MIMI LANE IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; ARKANSAS; AND FOR OTHER PURPOSES.; (Petition No. Z -2925 from Joe DeSalvo to rezone property described as-Lot 14 of Park Ruby Subdivision from "A" One- family District to "C" ,Two- family.District, as approved�by the Planning Commission. See. Page 103 of this Minute Record for first reading of this Ordinance) with said Ordinance being read the second time, having been presented for first reading on July 1, -1975. Again speaking in opposition was Mr. Vance L. Broadaway, Jr. of 601 Nan Circle, who stated that the same arguments he had presented against the preceding item (500 -512 Mimi Lane) applied in the present case,. and requested that the rezoning be denied. Mrs. 0.1. Chastain of 604 Mimi Lane also protested the proposed rezoning of this property, insisting that -such rezoning would devaluate the existing surrounding property and diminish the residential character of the neighborhood. The Ordinance was placed on its third and final reading at this time by a motion made by Director Dailey, seconded by Director-Bussey, and unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members'of the Board of Directors - elect. There was a third and last reading of the Ordinance; after which an Aye and No vote was.taken on the passage of the Ordinance which resulted as herein described: Ayes - Directors Keith„ Dailey, Linkous and Bussey - total 4; Noes - Assistant -- , Mayor Hollingsworth and Director Young - total.2; Absent - Mayor Wimberly - total 1. Accordingly, it was announced that the Ordinance had been passed. A Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of May, 1975 was,the next.presentation; and upon motion from Director - Keith, seconded by Director Husseyl� which was unanimously adopted by the Board members present, said Statement of Income Account was received) and filed. There was presented an Application for Changes in Rates, together with a new Rate Schedule, as submitted by the Arkansas Power and Light Company; and by motion of Director Bussey, seconded by Direc Keith and unanimously adopted by members of the Board of Directors present, the Application and Rate Schedule were received and filed. A proposed Resolution providing for a contract-for construction of drainage modifications in the Cloverdale Subdivision was presented at the July 1, 1975 meeting, at which time action on the proposed Resolution was deferred until a- later date (See Page-106 of this Minute Record). At this time, there was a motion by Director Bussey, seconded by Director Dailey and unanimously adopted by members of the Board of Directors present, whereby the Resolution was tabled in lieu of the following proposed Ordi- nance, which was placed on first reading. (See Ordinance No. 13,067, below) Ordinance No. 13,067 was presented, and contained the following title: AN ORDINANCE AWARDING A CONTRACT FOR CONSTRUCTION OF DRAINAGE MOFIFICATIONS IN CLOVERDALE SUB- DIVISION; TRANSFERRING FUNDS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Contract to Heavrin Construction Company at total cost not to exceed $67,935.24) with there being a first reading of the Ordinance, followed by a motion from Director Bussey to suspend the rules and place the Ordinance on its second reading. The motion received a second from Director Dailey and unanimous adoption by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading ensued. The rules were again suspended to provide for the third and final reading of the Ordinance by a motion made by Director Bussey, seconded by Director Keith, and unanimously adopted by the Board members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The resulti Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, and Assistant Mayor Hollingsworth - total 5; Noes - None; Absent - May Wimberly - total 1. Abstaining - Director Young - total 1. Director Young explained that he was abstaining from the vote due to a conflict of interests. The Ordinance was then declared passed. JULY 15, 1975, Cont'd. Again-presented-was Ordinance,No ;..13,068, entitled;' r :. AN ORDINANCE.APPROPRIATING THE SUM OF,$50,000 FROM THE GENERAL- FUND.OF THE CITY OF LITTLE ROCK_ AS ADVANCE PAYMENT TO CENTRAL-.ARKANSAS TRANSIT;.AND FOR OTHER PURPOSES; and the Ordinance,- having been read the first "time on July 1, 1975 (See Page 108.of this Minute Record) was then, read. the second time. Two speakers -were present. in support of this, Ordinance, the first being Mrs. Janet-.Buford representing the League,of.Women Voters, who stated that transportation should -be considered:.a• public, service -and. should be,subsidized by the .City. as our.,share,of the, operating, costs of a.public service. The second speaker, Mr. Jeffrey Hawkins, maintained that "the time is past,to.thiink -about public' transportation as a.money- making thing;.it is a service; -and the City can advance the money if it.wants to." The .rules were. -then suspended for .the. third and final reading of - the Ordinance by a motion made by Director Bussey, seconded by Director Young, and adopted by the following roll call vote: Ayes - Directors Dailey, Linkous', and Bussey, Assistant Mayor Hollingsworth and Director Young - total S;.. Noes. - DirectoriKeith - , total .l; Absent - Mayor, Wimberly•- total l.`_rThere was_a:Ithird and last reading of the Ordinance at this time, and the Aye.and;:No Vote which:ensued.on.the;.passage . of the Ordinance resulted as follows: Ayes - •Directors.Dailey, Linkous and:.Bussey„ Assistant.Mayor,Hollings- worth and Director Young — total 5;.,. Noes -- Director Keith.- total. l; _Absent - Mayor Wimberly., - :,total It was therefore announced that-the Ordinance.had passed: The next item presented for consideration was Resolution No. 5;391, described as:.. A RESOLUTION AUTHORIZING AND.DIRECTING THE CITY MANAGER TO EXERCISR AN OPTION:IN.FAVOR- OF-THE CITY OF LITTLE ROCK TO PURCHASE A 3.8 ACRE TRACT OF LAND NEEDED FOR THR RIVER MOUNTAIN PARK,PROJECT; AND FOR OTHER PURPOSES; and- said.Resolutioh was read in its entirety; after,which there was a motion.by Director Bussey,;secon by- Director Young, that the Resolution be adopted.. A.roll call vote was taken whereby..the;Resolution was adopted as follows: Ayes.- Directors Keith, Dailey; Linkous and Bussey, Assistant Mayor Hollings- worth and Director:Young - total 6; .Noes = None; Absent - Mayor Wimberly - total 1. Resolution No. 5;392 -was presented: at this time, with the title being: .:•.i. . A RESOLUTION:.AWARDING CONTRACTS FOR•THE PURCHASE.OF STREET MARKING COMPOUND AND.THE.1975 STREET RESURFACING: PROGRAM; AUTHORIZING: PAYMENT; AND. FOR- OTHER. PURPOSES; with the.Resolution beirig,xead in full, and thereafter adopted upon motion:of--DirectortDailey, seconded by Director ;Noung, which resulted,in.the. following -roll call vote: Ayes - Directors Keith; Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director,Young.- total 6; .Noes:.- None;; Absent) Director Wimberly - :total 1-.,. - There was presented Resolution No. 5,393,: entitled-:_.. _ A.RESOLUTION, AUTHORIZING.A CONTRACT, WITH, REAL ;.ESTATE. RESEARCH- CORPORATION. FOR:.PROFESSIONAL. SERVICE IN::CONNECTION.WITH HOUSING.POLICY,STUDIES; ANDiFOR OTHER.PURPOSES; and there was a complete reading of the Resolution, followed by a motion from Director Bussey,.seconded by. Director - Young,. for.adoption-.of the Resolution. A roll, call vote:.resulted whereby the- Resolution..- was adopted as; herein described: Ayes. - ..Directors.Keith,iDailey, Linkous and Bussey, Assistant Mayor„ Hollingsworth and Director Young - :_total 6:;. Noes- - .None;;:.Absent Director Wimberly -. total I.; Ordinance No. 13,,069;.was introduced,,:and- entitled: :t U - •z.r :r..'.;,iA AN ORDINANCE AUTHORIZING THE CITY MANAGER TO..MAKE:AND FILE. AN:.APPLICATION;WITH THE;OZARKS REGIONAL COMMISSION,.FOR- TITLE..X ASSISTANCE UNDER^THE..PUBLIC,WORKS ECONOMIC:.DEVELOPMENT• ACT; OF• 1965. FOR FUNDS TO BE USED-,FOR THEi.UPGRADING AND- IMPROVING:OF-CERTAIN•AREAS IN WAR MEMORIAL PARK; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; and upon first reading of the Ordinance, there was a.motion.made and seconded by:Directors Keith and Linkous, .respectively, to suspend the-­rules and place- _the.,Ordinance:_on; its -.second reading::. it: was:_, explained by.City Manager: Carleton McMullin that an applicatiorf by the, City had:.been pending for.,some 3 114 JULY 15, 1975, Cont'd. .. -, time; the Federal money from this program had been frozen, but had recently been released, and the City is now in a position_ to receive $100,000 in Federal. money,. to be matched by. the •City's share in the amount of $25,000, one -half of.which: will have:to be made readily available and is, therefore,.approprt by this Ordinance... There_was.a second reading. of the. Ordinance at. this time, followed by,- .a' motion. from Director Young for a suspension of the rules'.to allow for the third and final reading of.the Ordinance. The motion was seconded by, Director: Bussey;:- unanimously,adoptedrby .the!Board: members.,. present,- .b.eing „six in number and two - thirds orfmore :of .the members of ,the,Board of Directors- elect;_and :.the Ordinance -was? then read the third and-last time. The subsequent.Aye: and No.Vote.taken.on the,passage of the Ordinance is recorded as follows: Ayes — Directors Keith,. Dailey;. Linkous--and)Bussey, Ass is tan t Mayor:Hollingswor and Director Young - total:6.; Noes =-None; : Absent.•- Mayor Wimberly - .total -I.' The Ordinance was :. . declared passed. At this time,'.Resolution No.:5;394 war introduced, -and entitled: A RESOLUTION APPROVING PLANS FOR.THE_UPGRADING AND IMPROVEMENT.OF CERTAIN-PARKS.IN THE: - CITY, TOGETHER WITH BUDGETS THEREFOR;'AND.FOR OTHER PURPOSES; -. r and there was a full-reading of the.Resolution. 'A motion was then made and seconded by Directors Dailey and Bussey, respectively, which led to,a.roll..call vote adopting the.Resolution.as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent -.Mayor-Wimberly - .total 1... Ordinance No. 13;070was the.next presentation, with the title being: AN ORDINANCE APPROVING AND ADOPTING.AMENDMENTS TO THE GROUP DISABILITY INSURANCE�PLAN.FOR NON =- UNIFORM EMPLOYEES -OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with said Ordinance being read- the. first-time; after.which there..was.a motion from Director Linkous to- suspend the rules'and.place.the Ordinance on its second .reading. The.motion.was seconded by•Director.. Dailey and adopted by unanimous vote of the members of the-Board of'Directors present,:being:six _ in r number and two - thirds or -more of,the'members of. the Board, of Directors- elect; and-a subsequent. reading. of the Ordinance followed. There was.a further. suspension of: the.rules.•to allow for. the ;third.•and final reading of the Ordinance.as•the result of,,-:a motion-by Director Dailey; which was seconded by Director Linkous and unanimously adopted by the Board members present, being six in number and two - thirds or more of the members of:'the Board of Directors-elect. After .the third.and:last.reading of the.Ordinance, ther was an Aye and No Vote taken on >the passage .of. the Ordinance which resulted as follows: .,,Ayes - ..Director Keith, Dailey, Linkous and Bussey, Assistant:'Mayor Hollingsworth and.�Director..Young - total 6;. :Noes.- None; Absent - Mayor Wimberly - total 1. It was then announced that the Ordinance had been passed. Resolution No. 5,395 was presented and described , as:.t - - A RESOLUTION- ACCEPTING - THE. RECOMMENDATION..OF.THE:CENTRAL ARKANSAS - MANPOWER PLANNING':'COUNCIL IN REGARD TO A PROPOSED PROGRAM OFFERED BY THEjLITTLE ROCK PAINTERS.AND.ALLIED TRADES.JOINT APPRENTICESHIP COMMITTEE; AND FOR OTHER PURPOSES; ....•) ` -- � ”: ° . - and after a full reading of :the Resolution,. there was a:motion by Director Dailey for adoptioniof the Resolution. The motion was seconded by Director Young, and 'adopted by the ensuing roll call..vote: Ayes Directors Keith, Dailey and'- Linkous, Assistant Mayor Hollingsworth. and Director Young 5;. Noes - None; Abstaining - Director Hussey - total 1; Absent - Mayor Wimberly - total 1. Next presented was Resolution No. 5,396, entitled: A RESOLUTION AUTHORIZING THE MERGER OF THE HEALTH. DEPARTMENT OF THE CITY OF LITTLE ROCK, ARKANSAS, WITH THE HEALTH DEPARTMENT OF THE COUNTY BOARD OF-HEALTH OF PULASKI COUNTY, ARKANSAS; AND FOR OTHER PURPOSES; with the Resolution being readinn its entirety,•and thereafter adopted upon a- motion by Director Keith, which was seconded by Director. Dailey., and-the following roll call vote: Ayes.- Directors Keith,. Dailey Linkous and Hussey, Assistant Mayor: Hollingsworth and Director Young - .total 6; Noes None;. Absent:- l J JULY 15, 1975, Cont'd. Mayor Wimberly - total 1. Presented ' at -this'.'time was'.Resolution No.'5,397,' containing 'the %'following`title:. ...... i A RESOLUTION AUTHORIZING AN OFFICE LEASE CONTRACT FOR-AND ON BEHALF OF THE CENTRAL ARKANSAS MANPOWER PLANNING COUNCIL; AND FOR OTHER PURPOSES; (Leake Building, 115 East Fourth Street) and the Resolution was read in full. A motion followed from Director Bussey, seconded by Director Linkous, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Dailey, Linkous and.Bussey, Assistant Mayor Hollingsworth and Director Young. -,. -total 5; Noes - Director Keith - total 1; Absent - Mayor Wimberly - total 1. There was presented at this point a Resolution No. 5,398, entitled: A RESOLUTION DIRECTING THE CITY MANAGER TO CONSULT WITH THE ARKANSAS HIGHWAY DEPARTMENT REGARDING THE POSSIBILITY OF USING FEDERAL FUNDS FOR URGENTLY NEEDED IMPROVEMENTS TO CERTAIN STREETS IN THE CITY OF LITTLE ROCK IN THE AREA OF I -430; AND FOR OTHER PURPOSES; (Improvements to Rodney Parham Road and vicinity) which Resolution was read in its entirety. It was explained at this time by City Manager Carleton McMullin that the City is entitled to $600,000 per year from Federal financing, to be matched by 30 per- cent as the City's share. A motion was then made by Director Bussey, and seconded by Director Linkous, whereby the Resolution.was submitted -to a roll call vote and subsequently adopted as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor. Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. The final presentation from the Official Agenda was Ordinance No. 13,071, described as: AN ORDINANCE AMENDING IN PART THE 1975 NATIONAL ELECTRICAL CODE ADOPTED BY ORDINANCE NO. 13,050; AND FOR OTHER PURPOSES; (Pertaining to "Protection Against Physical Damage ") and there was a first reading of the Ordinance. The rules were then suspended to allow for the second reading of the Ordinance, following a motion by Director.Keith, seconded by Director Young, which was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or I more of the members of the Board of Directors - elect. There was a second reading of the Ordinance at this time; after which there was a subsequent motion by Director Linkous for a further suspension of the rules in order that the Ordinance might be placed on its third and final reading. The motion received a second from Director Keith and unanimous adoption from the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the third and last reading of the Ordinance was accomplished. The passage of the Ordinance was then submitted to an Aye and No Vote which resulted as herein described: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. Accordingly, the Ordinance was declared passed. In the discussion which followed, there was a.mutual agreement by the Board Members to extend fire protection until the end of July, 1975 to a 55- square -mile area bounding the eastern, southern and western borders of the City, while the Voluntary Annexation League for a United Effort (VALUE) works toward the voluntary annexation of this entire area.. It was reported by City Manager Carleton E. McMullin that VALUE expected to be ready to file a petition within a month for the annexation of Zone 3, which is the Mabelvale area and the most densely populated section of the entire area. He added that Zones 1, 4 - and 6 are still being pursued for voluntary annexation by the VALUE organization. Responding to Director Linkous' inquiry concerning the status of the Emergency Medical Program, City Manager Carleton McMullin advised that a study outline would be available shortly. A motion was then made by Director Linkous, and seconded by Director Dailey, that the meeting be recessed at this time and reconvened for an.Executive Session to be held at 7:00 o'clock A. M. on Wednesday, July 23, 1975. The motion was unanimously adopted by the Board members present and, 116 JULY 15, 1975, Cont'd. accordingly, the meeting.was:•recessed at 9:00_o!clock :'P.-M.,: and' scheduled ,to.- reconvene•in,Executive Session on July 23, 1975 at 7:.00 o'clock;A. M.,I;- ATTEST APPROVED: City Clerk Mayor V ..': �_ . :.:J_::. :J �,I: .S Ir;J'1' ..... :: i ..:.:!L.1 '_�:: �" .i.i: .._. -, Ll -. .L._'",3 :,:..•, ':, ._ l.'� ", .: V fj l� Board of Directors Chamber Little Rock, Arkansas July 23, 1975 - 7:00 A. M. The Board of Directors of the City of Little.Rock, Arkansas met in reconvened session with Mayor George Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous and Bussey - total 4; Absent - Directors Hollingsworth and Young - total 2. A quorum was'therefore'declared'present, and the meeting then proceeded as follows: Mayor Wimberly announced that the purpose of the Meeting was to go into Executive Session to discuss and evaluate Carleton E. McMullin, City Manager. Director Keith then made a motion to move to Executive Session, which motion was seconded by Director Bussey and unanimously adopted by'voice vote by the members of the Board of Directors present: Board of Directors Chamber Little Rock, Arkansas July 23, 1975 - 9:00 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from Executive Session at 9:00 o'clock A. M. with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. Mayor Wimberly announced that a quorum was in attendance, and the meeting proceeded as herein recorded. Presented for consideration was Resolution No. 5,399, described as: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK PORT AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Appointing Lawrence B. Burrow to a 5-year-term) and said Resolution was read in its entirety; after which there was a motion by Director Hollingsworth, seconded by Director Dailey, that the Resolution be adopted. A roll call vote was taken whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Dailey, and unanimously adopted by the Board members present, the meeting was.adjourned at 9:10 o'clock A. M., to meet again in regular session on Tuesday, August 5, 1975 at 7:30 o'clock P. M. ATTEST: ( APPROVED: CCGCii �d A r I City Clerk Mayor I Board of Directors Chamber Little Rock, Arkansas August.5, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in'regular session with Mayor- Wimberly presiding and Katherine Highfill, Assistant City Clerk, and the following Directors present:. Directors Keith,,Linkous,.,Bussey, Hollingsworth and Young - total 5; Absent - Director Dailey - total 1. It was announced_ that there -was a.quorum,in attendance, and the meeting therefore proceeded as herein described: The Invocation was given by Mayor Wimberly. The reading of, the minutes of the previous meeting held on July 15,, 1975,, and the reconvened mee of July 23, 1975,_.was_ dispensed with and said minutes were approved as written, and summarized to the Board of Directors upon motion.of Director,Bussey, seconded by Director Linkous, and;by unanimous vote of the Board members present.. - „ The meeting began with the introduction of Mr.- .Sterling R. Cockrill, Jr.;.Area Director for the Department of Housing and Urban Development (HUD), who - announced the approval by HUD of the first block , grant of the City of Little,Rock's application in the amount of $5,380,740 under Title 1 of the Housing and Community Development Act of 1974.. Mr. Cockrill presented letters to the,Mayor from President Gerald Ford, Secretary Carla A. Hills of HUD, and from himself as Area Director of HUD; and he then read President Ford's letter, in which the President extended his greetings and discussed the purpose of the Housing and Community Development Act.of 1974. A discussion was held at this time pertaining to the levying -of maintenance charges at Fraternal Cemetery, which resulted in.a motion by Director Hollingsworth '-'that the.proposed ordinance incZude,a non - forfeiture cZause..in the-event of non - payment of the assessed maintenance fee, or in such cases where ownership cannot be determined." The motion was - seconded by Director Bussey and submitted.to a roll call vote whereby the motion was adopted as.herein described: Ayes. - Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 5; Noes - Director Keith - total 1; Absent - Director Dailey - total 1. A proposed Ordinance was then.placed on first reading, which contained the clause adopted in the foregoing paragraph.. (See Ordinance No. 13,072, below) Presented at this time was Ordinance No. 13,072, entitled: ' AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK TO PROVIDE A SECTION PERTAINING TO THE AUTHORITY OF THE BOARD.OF COMMISSIONERS OF OAKLAND - FRATERNAL CEMETERIES TO LEVY MAINTENANCE CHARGES AT FRATERNAL CEMETERY; and this Ordinance was -read the first time. A motion by Director Bussey to suspend the rules for the second reading was seconded by Director Keith, unanimously adopted by the Board members present,. being six in number and two - thirds or more of the members of the Board of Directors- elect; and asecond readi of the Ordinance followed...- .There was a subsequent motion.at this time by Director. Keith, seconded by Director Hollingsworth, for a further.suspension of the,rules and the,placing of the.,Ordinance on its third and final reading; which.motion was adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the,Ordinance; after which the passage of the Ordinance was submitted to an,Aye and No,Vote, resulting as follows: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollingworth and Young - total 6; Noes - None; Absent - Director Dailey total 1. Accordingly, there was an announcement that the Ordinance had been passed. The next presentation was Ordinance No. 13,073, described as: AN ORDINANCE APPROPRIATING FUNDS FROM FEDERAL GENERAL REVENUE SHARING FUNDS TO DEFRAY THE COSTS OF REMODELING AN OUT- PATIENT FACILITY FOR THE ARKANSAS ASSOCIATION FOR RETARDED CITIZENS; AND FOR OTHER PURPOSES; AUGUST 5, 1975, Contd and said Ordinance was.read the first time. Mr. William Beaumont spoke briefly to the Board at this time', requesting that this Ordinance be: passed and explaining the non - profit status of the facility which would benefit from this appropriation. -The rules were then suspended and the Ordinance placed on second read- ing by a motion from Director Linkous, seconded by.Director Keith, which was unanimously adopted,by the members.of the Board of Directors present, being six in.number and two - thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, there was a subsequent motion from Director Keith to again suspend the rules to allow for the third and final reading of the Ordinance; with the motion being seconded by Director Linkous and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect.. The third and last reading of the,Ordinance resulted in an Aye.and No Vote being taken on the,passage of the,Ordinance, and described as.follows: Ayes -- Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and,Young - total,6; Noes - None; Absent - Director Dailey - total -l. The Ordinance was.declared passed. v There -was presented,at this time a Report of Commissioners in Metrocentre Improvement District No 1; Included with the Report was an Amended Plan of Improvement for the District showing an estimated cost of such improvements to be.$17,760,000. The Report and Amended Plan were subsequently received and filed upon motion of Director Young, which was seconded by Director Hollingsworth and adopted by a roll call vote described as,follows: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollings worth and Young - total 6; Noes - None; Absent - Director Dailey - total,l. Ordinance No. 13,074 was presented, with_the•title being: AN ORDINANCE APPROPRIATING THE SUM OF $10;000 TO BE USED BY THE CITY BEAUTIFUL COMMISSION AND THE BICENTENNIAL COMMITTEE FOR THE PROPOSED BICENTENNIAL PROJECT IN WAR MEMORIAL PARK; AND FOR OTHER PURPOSE with the Ordinance being read the,first time.* A motion then followed which suspended the rules and place(� the Ordinance on its second reading, with the motion,being made by Director Linkous, seconded by Director Keith, and unanimously adopted,by members of the Board of Directors present, being six in- number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the,Ordi- nance at this time; after which the rules were again.suspended to allow.for the third and final reading of the Ordinance by.a.motion made and seconded by.Directors.Keith and Linkous,- respectively; and unanimously-adopted-by-the-Board members present, being six in- number and two - thirds or more.of the members of the,Board of Directors - elect. The-Ordinance was -then read -.the third andilast time, followed by an Aye and No Vote.taken on the passage of the.Ordinance with the resulting vote being- :,'.Ayes -. Director Keith, Mayor Wimberly, Directors Linkous,�Bussey, Hollingsworth and Young - total 6;, Noes -- None; Absent - Director.Dailey -- total•l. It was announced that.the Ordinance had been passed.- Presented for consideration at this time was.the Petition of various residents of the Westwood Addition to establish a Sewer Improvement District in that area, which has an.assessed property valuation of $64,130 as certified by the Beach Abstract.and Guaranty Company. As a Public - Hearing had been designated.for this time and place; notice of which had been duly.published,on July 22, 1975 and..July 29, 1975.as- prescribed by Ordinance, the Public.Hearing was therefore declared to be open. There was.no one present who-wished to address`to the issue, Mayor Wimberly declared the Public Hearing closed, and-an Ordinance prepared in accordance -with .this Petition was placed on first reading. (See Ordinance No. 13,075, as follows) Then presented. was.Ordinance.No. 13,075, entitled:,, . AN ORDINANCE ESTABLISHING SEWER IMPROVEMENT DISTRICT NO. 143 OF LITTLE ROCK, ARKANSAS;: (Westwood Sewer Improvement District No. 143) and after a first reading of the Ordinance, there.was.a motion from Director Keith to suspend the rules and-place the Ordinance on its second reading., The motion received a-second from Director Linkous, and unanimous adoption by the Board members present, being six'in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the,Ordinance and :an ensuing v 120 AUGUST 5, 1975, Cont'd. motion which again suspended the rules whereby the Ordinance was placed on its.third and final reading; with the motion being made by Director Young, seconded -by- Director Keith, and adopted by unanimous,vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last.reading of the.Ordinance resulted in an Aye ' and No Vote being taken on the passage of the Ordinance, which is described as follows: Ayes - Director Keith, Mayor- Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total.6; Noes - None; Absent - Director Dailey - total 1. The Ordinance was.declared passed. A.Comparative Statement.of Income Account of the Little Rock Municipal Water Works for the month of June, 1975 was next presented; and upon motion of Director Bussey, seconded by Director Keith and un- animously adopted by the.Board members present, the Comparative Statement was received and filed. Also presented was the Financial Report of the City of Little Rock; Arkansas -for the second quarter ending June,30; 1975, which was - subsequently received and filed as.the result of a motion made by Director Bussey, seconded by Director Young, and unanimously adopted by the Board members present. Ordinance No: 13,076 was the next presentation, with the title being: AN ORDINANCE AUTHORIZING AND APPROVING BUDGET TRANSFERS IN CERTAIN 1975 BUDGET ACCOUNTS; AND FOR i OTHER PURPOSES; which Ordinance was then read the first time. Responding to an inquiry by Director Linkous pertaining , to a,$7,000.00 transfer included in the Ordinance for the Non - uniform Employees Retirement Account, City Manager Carleton McMullin explained that the City had not budgeted a sufficient amount for this account for 1975. Mr. McMullin added that the Staff has consulted with an actuarial firm concerning a. study of the uniform employees pension fund, and will.also consult with them concerning the non - uniform' employees pension plan. The rules were suspended at'this time and the Ordinance was placed on.its second I reading, following a- motion by Director Young, seconded by Director Hollingsworth, which was unanimously. adopted by members of the Board of Directors - present, being six in number and:two- thirds or more.of the members.of the Board of.Directors- elect.•,Upon second reading of the Ordinance, there was.a subsequent motion by Director Hollingsworth that the.rules again -be suspended to-allow for the third and final read- ing of the Ordinance, with the motion.being seconded by Director Young and unanimously adopted by members of .the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third.and last reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance, with the resulting vote being: Ayes - Director Keith, Mayor ' Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Dailey - total 1. It was then announced that the Ordinance had passed.- ' Introduced at this time was Resolution No. 5,400, containing the following title: A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF A DIESEL.TRACTOR; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Contract awarded to Clark Machinery Company for a total price -of $5,096) with said Resolution then being read in its entirety. There was a motion which followed from Director Hollingsworth, seconded by Director Keith, which resulted in,a roll call vote whereby the Resolution was adopted as herein described: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollings- worth and Young - total 6; Noes - None;- Absent - Director Dailey - :total 1. - Presented for consideration at this time was Resolution No._5,401, described as: A RESOLUTION GRANTING A FRANCHISE FOR THE CONSTRUCTION OF A FENCE IN THE PUBLIC RIGHT -OF -WAY OF MONROE STREET; AND FOR OTHER PURPOSES; (Franchise granted to Mr. Joe Kaufman) and there was a full reading of the Resolution, which was subsequently adopted by motion of Director Hollingsworth, seconded by Director Bussey, and the following roll call vote: Ayes,- Director Keith, Mayor_ Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; Absent- Director Dailey - total 1. v, I JII I L'12 AUGUST 5, 1975, Cont'd. .. Resolution No. 5,402.was.then presented, and entitled: . A RESOLUTION GRANTING A TEMPORARY FRANCHISE -TO PERMIT THE ENCROACHMENT OF A FENCE INTO THE RIGHT- OF -WAY OF,WESTMONT CIRCLE; AND FOR.OTHER.PURPOSES; ' (Franchise granted to Mrs. Hugh Miller)_ and said Resolution was read in full.: There was.a motion at this time from Director Hollingsworth; seconded by.Director Linkous, whereby the Resolution was.adopted by 'the following roll'call' vote: Ayes - Director Keith, Mayor Wimberly,,Directors Linkous,.Bussey, Hollingsworth and Young - total 6; Noes - None;. Absent:;- Director Dailey - total 1. - .: The next item presented for discussion was Resolution No. 5,403, entitled: A.RESOLUTION AUTHORIZING THE CITY ATTORNEY TO TAKE WHATEVER LEGAL ACTION MAY BE REQUIRED TO CAUSE NATURAL GAS FACILITIES IN GEYER SPRINGS ROAD BETWEEN 65TH STREET AND YOUNG ROAD TO BE,RELOCATED BY i ARKANSAS LOUISIANA GAS'COMPANY; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety. There was a.motion then made by Director,Hollingsworth and seconded by Director,Bussey whereby, the Resolution was submitted to.a roll call vote,and adopted as herein described: Ayes.- Director.Keith, Mayor Wimberly, Directors Linkous; Bussey, Hollingsworth and. Young - total 6; Noes - None; Absent - Director Dailey - total 1.• Ordinance No. 13,077 was presented at this time, with the description being: AN ORDINANCE AMENDING.IN-PART ORDINANCE NO. 12,856 PERTAINING TO THE EMPLOYMENT, SALARY, AUTHORITY, DUTIES AND RESPONSIBILITY OF CARLETON E. McMULLIN AS CITY MANAGER; AND FOR OTHER PURPOSES; and there was a first reading.of the Resolution. .A.motion was then made by Director Hollingsworth and seconded by Director Linkous to suspend the rules and place the Ordinance on.its.second,reading.- The motion was.unanimously adopted by,members of the Board- of;Directors present, being six,in;number,and. two - thirds or more of the,members of the Board of Directors - elect; and.the Ordinance was read the second time. A subsequent motion then suspended the rules to allow for.the third and final.reading of.the Ordinance; with the motion -being made by Director Young, seconded.by. Director .Bussey, and adopted by. unanimous vote of the Board members "present, being six in number and two - thirds or more of the members of the Board of Directors- elect. There was a third and last reading of the Ordinance; af,ter.which an Aye and No roll call was.taken on the passage of the Ordinance; resulting as follows:. Ayes, - Director Keith, Mayor Wimberly, Directors Linkous,.Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director.Dailey - total 1. The Ordinance was, therefore, declared passed.. Presented for discussion was a proposed Resolution, entitled: A RESOLUTION AMENDING IN PART.RESOLUTION NO.4,939 PERTAINING TO LIMOUSINE,SERVICE TO.AND FROM THE LITTLE ROCK MUNICIPAL AIRPORT; AND FOR OTHER.PURPOSBS; and after a full reading of the Resolution, a brief discussion ensued. Mr. Sam Herrin; Assistant to the Airport Manager, advised that two unsuccessful attempts had been made to obtain bids for limousine service, with the last effort being two.years.ago when the Airport Commission advertised for bids and rec ived no response. Mr.. Herrin advised that the Airport.had received.numerous.complaints, both from passengers and residents of the area, because.of the.absence'of a 1 imousine service.. A motion.-was made.at this time by Director Linkous "That this matter be deferred for two weeks in order that a study of the matter might be made by the City Manager." The motion was seconded by,Director Keith,,.unanimously- adopted by, the Board members present and, accordingly, the proposed Resolution was placed on.the calendar for further consideration on August 19; 1975. There was presented Resolution No. 5,404, described as: - - A RESOLUTION AMENDING IN PART RESOLUTION NO. 2,756, AS AMENDED, PERTAINING TO BUS BENCH FRANCHISE; AND FOR OTHER PURPOSES; -, which Resolution was.then read- in.its entirety. It was explained by,City Manager Carleton E. McMullin that the primary provisions of the amendment were the requirement that..the.franchisee.remove any.bench at his own expense upon request by,the nearest property owner or occupant; and.the prescribing of certain V AUGUST 5, 1975, Cont'd. requirements as to the construction, repair and general condition of the benches. A motion was then made by Director Young, seconded by Director Hollingsworth, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Director Keith; Mayor Wimberly, Directors Link, Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Dailey - total 1. Resolution No. 5;405 was the °next presentation, with'the; title being: - - I A RESOLUTIONAWARDING'A CONTRACT TO -SPACE UTILIZATION ASSOCIATES, -INC. TO CONDUCT A STUDY OF MUNICIPAL SPACE NEEDS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Contract price not to exceed the_sum of $24,890) and upon a full reading of the Resolution; there was a motion by Director'Hollingsworth; seconded by Director Keith, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; - Absent - Director Dailey - total 1. The next presentation was Ordinance No. 13,078, entitled: AN ORDINANCE CONDEMNING A'CERTAIN PARCEL OF REAL PROPERTY WITHIN THE PROPOSED RIGHT -OF -WAY OF JOHN BARROW ROAD FOR RECONSTRUCTION AND IMPROVEMENTS OF SAID ROAD, INCLUDING-STORM DRAINAGE FACILITIES; PROVIDING FOR A TEMPORARY CONSTRUCTION EASEMENT; - DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance; there was a motion by Director Bussey to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Keith and unanimousl adopted by the Board members present, being six in number and two - thirds or more'of the members of the Board of Directors-elect;-and a second'reading'of the Ordinance ensued. There was.a'motion then made by Director Bussey, -again seconded'by Director Keith,-for a further suspension of the rules to permit the third and final reading of the Ordinance at this time, which motion was unanimously adopted by members o the Board of Directors present, being six in 'number and two - thirds or more of the members of the-Board of Directors - elect.' The third' and last'reading of the Ordinance resulted in an-Aye and No Vote-taken " on the passage of the.Ordinance and described as follows: Ayes = Director Keith, Mayor Wimberly, Direct Linkous, Bussey, Hollingsworth and Young - total 6; •Noes - None; Absent - Director Dailey —total 1. The Emergency Clause contained.in Section 3 of Ordinance No.,13;078 was then read and submitted to the following roll call vote: Ayes — Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Holling worth and Young - ,total 6; Noes - None; Absent - Director Dailey —total 1. The Ordinance, together with the Emergency Clause, -was then declared passed. ' Ordinance No. 13;079 was presented at this point, with the title being: AN ORDINANCE ESTABLISHING RULES OF PARLIAMENTARY 'PROCEDURE - FOR'MEETINGS OF THE BOARD OF DIRECTORS; AND FOR OTHER PURPOSES; -' and the Ordinance was read the first timer A discussion then evolved around Section 2 of the Ordinance, in which a clause from the Freedom of Information Act is contained, and the possible ways this Section might relate to the various functions of the Board, such as in making appointments, holding Executive Sessions, etc. A motion was made by Director Linkous to delay this matter until Director Dailey's return in order that all seven members of the Board might be permitted to vote.on the ;.Ordinance; however, a second was not received and the motion, therefore, failed. ''There was an ensuing motion by Director Keith, seconded by Director Hollingsworth, for a suspension of the rules and the placing of the Ordinance on its second reading; with the motion being unanimously adopted by members of the'Board of'Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The ' Ordinance was then read the second time, followed by a subsequent motion from Director Hollingsworth, seconded by Director Young, that the rules again be suspended and the Ordinance be placed on its third._ and final reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of.the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. An Aye 'and No Vote'was then taken on the passage of the- 1 AUGUST 5, 1975,-Cont'd. Ordinance and recorded as follows: Ayes - Director,Keith, Mayor Wimberly, Directors Linkous, Bussey,, Hollingsworth and Young - total 6; Noes - None; Absent - Director Dailey - total 1., It was announced that-the Ordinance had been passed. A general discussion ensued at this time, beginning with a report by Director Young of matters concerned with the Transit Policy Board, on which he is the Board's.representative. Director Young. stated that a two -year contract is being considered and will be submitted to a vote by the Transit Board in the near future concerning the operation of the.Central Arkansas Transit. He contended that it -would be difficult to know -how professional operation of -the company would work, but added that the Transit Board would be provided with sufficient information to examine all aspects before making a decision regarding the bus system. Mayor Wimberly then formally accepted on behalf of the.City, a $5.00 check and read a.letter from a citizen, Mr. Bill Mooty, in which he stated that he was.contributing this amoun as a suggestion for a possible solution to the.financial problems of the City, and suggested that other citizens follow this example and make an individual contribution to the City. The mayor also announced at this time that he would present a proposed amendment to the Sign Ordinance within the,next two weeks which would provide for the .deletion of a $25.00 filing fee presently required before a citizen.may obtain a hearing before the Sign Board of Review. The question was posed by Director Young concerning the use of trailers on business and industrial -sites for the purpose of providing housing for persons employed to guard the premises on-a 24 -hour, basis. Community Development ,Director ,Don R. Venhaus responded by advising that trailers are allowed in the City at any location provided that they meet certain Building Code requirements of the City pertaining to stud work, plumbing and electrical work. There being no further business, to be presented or -to come before the Board of Directors, upon motion of Director Bussey, seconded by.Director Keith, and by unanimous vote of the Board members the meeting was adjourned at 9:05 o'clock P. M., to meet, again in regular session on Tuesday, August 19, 1975 at 7:30 o'clock P. M. ATTEST:. 94AV City Clerk APPROVED: 0 .ayoi 124 Board of Directors Chamber Little Rock, Arkansas August 19, 1975 - 7:30 P. M. III ' The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. As there was a quorum present, it was so announced, and the following is an accounting of the proceedings: The Invocation was given by Director Linkous. The reading of the minutes of the previous meeting -held on August 5, 1975 was dispensed with and said minutes were approved as written and summarized to the Board members upon motion of Director seconded by Director.Dailey, and by unanimous vote of the.members -of the Board of Directors present. The first item presented for consideration from the Official Agenda was.Resolution No. 5,406, entitled: A RESOLUTION SUPPORTING A TORNADO WARNING SYSTEM PROJECT FOR THE CITY OF LITTLE ROCK; ENCOURAGING CITIZENS TO MAKE FINANCIAL CONTRIBUTIONS FOR THE ESTABLISHMENT OF SUCH A SYSTEM; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety. A delegation of approximately twenty members of the Pulaski Heights Jaycees was.present, and,.several members addressed the Board and expressed the support a of this organization for the Tornado Warning System Project. Also speaking in support of .the project was Mr. David Jones, General Manager of KARK- TV.4,.•who thanked the Board for its interest and offered the support of his organization of the project. The Resolution was submitted to a roll call vote at this time, following a motion and second.by Directors Bussey and Dailey, respectively, and was sub- sequently adopted as herein described: Ayes - Directors Keith and.Dailey, Mayor Wimberly,.Directors. Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The next item presented was a proposed Ordinance, described as: AN ORDINANCE REPEALING VARIOUS SECTIONS AND AMENDING VARIOUS SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO TAXICABS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. Director Hollingsworth Expressed his opposition to a. vote on the Ordinance at the present time, stating that the issue was "too broad in scope" for an immediate decision. A statement was then read by Director Bussey describing the "extreme chaos" he anticipated , would arise from the passage of the Ordinance in question and suggesting that the existing Ordinances presently governing taxicab operations be studied at.length from a standpoint of revising and restructur- ing. In rebuttal, Director Keith, the sponsor of the proposed Ordinance, maintained that the existing Ordinances should be repealed and subsequently reinstated in part, if certain problems should result. The discussion resulted in a motion from Director Hollingsworth "that this - matter be deferred for a four -week period in order that a work session could be heZd and the various Ordinances pertaining to taxicab operations studied at length." The motion was seconded by Director Dailey and adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Accordingly, the Ordinance was placed on the calendar for second reading on September 16, 1975. • discussion was held at this time concerning a proposed Resolution, entitled: • RESOLUTION AMENDING IN PART RESOLUTION NO. 4,939 PERTAINING TO LIMOUSINE SERVICE TO AND FROM THE LITTLE ROCK MUNICIPAL AIRPORT; AND FOR OTHER PURPOSES; ' which was first presented and read on August 5, 1975. A motion was then made by Director Bussey "that the Resolution be amended to provide that no limousine will be allowed to take passengers into the residential areas of the City "; however, the motion failed for lack of a second. Responding to a questio concerning the present status of this issue, City Attorney Joseph C. Kemp ruled "that the law for the AUGUST 19 1975, Cont'd. past twelve years has authorized limousine service within the City." Due to the relationship of this Resolution with the preceding Ordinance, a motion was made by Director Dailey "that the matter be deferre for four weeks in order that this subject may also be studied in workshop session, along with the various ' Ordinances pertaining to taxicab operations." The motion was seconded by Director Hollingsworth and adopted by the following roll call vote:. Ayes - 'Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes- None; Absent - None. Therefore, the Resolution was placed on.the calendar for further consideration on September 16, 1975: A proposed'Ordinance, related to.the_ foregoing two items,? was presented with the title being: AN ORDINANCE AMENDING SECTION 23 -3.1 OF THE CODE OF ORDINANCES PERTAINING TO ZONE RATES FOR TAXI- CABS; AMENDING SECTION 23 -3.8 OF THE CODE OF ORDINANCES PERTAINING TO TAXICAB TRIPS ORIGINATING AT THE LITTLE ROCK MUNICIPAL AIRPORT;'AND FOR'OTHER.PURPOSES1' with said Ordinance being read the first time. Mr.' John Hall-of the.Black and White Cab Company was V/ present and spoke briefly in favor of the provisions "of this Ordinance.' A motion was then made by Director Hollingsworth, and seconded by Director Bussey, "to defer the second reading of the Ordinance for four weeks and study its contents in workshop session along with the two preceding items "; with the ' motion then being adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Subsequently, the Ordinance was placed on the calendar for second reading on September 16, 1975. The next subject discussed was Ordinance No. 13,080, the contents of which are.described as: AN ORDINANCE AMENDING SECTION 40 -15 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PERTAINING TO THE TRAILER COURT BOARD OF APPEALS; (Pertaining to use of mobile homes at-commercial or industrial sites for security purposes) and said Ordinance was read the first time; after which there was a motion by Director Hollingsworth for a suspension of the rules to allow for the second reading of the Ordinance at this time., The motion was seconded by Director Keith and unanimously adopted by the Board members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and there was a second reading of the Ordinance. A subsequent motion was made at this time by Director Bussey, seconded by Director.Hollingsworth, to suspend the rules and place the Ordinance on its third and final reading; witt the motion being adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors-elect.. The third and last reading of the Ordinance resulted in an Aye and No Vote taken on the passage of the Ordinance and recorde as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent — None. The Ordinance was declared passed. Ordinance No. 13,081 was presented, and entitled:. AN ORDINANCE AMENDING ORDINANCE NO. 12,926 TO PROPERLY IDENTIFY THAT PART OF THE PROPERTY CONDEMNED LYING OUTSIDE THE CITY LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ( Sullivan's Island; for River Mountain Park) and there was a first reading of the Ordinance. The ensuing discussion was prefaced by arguments presented'by Attorney W. Dent Gitchel on behalf of the twenty -eight owners of the land in question. Mr. Gitchel contended that the Federal Government approved its $150,000.00 matching funds for the proposed River Mountain Park upon a misrepresentation of facts contained in Ordinance No. 12,926; that of the entire 597 acres required for the park, 488 acres of the land lies outside the city limits with ' access limited to only one county road, and he questioned the wisdom of the City in using $150,000.00 in funds at this time to build a park. City Manager Carleton-E. McMullin briefly discussed the Park Project, explaining that the project had been developing for some time with property being obtained piec, by piece over the years, some of which were donations to the City, and that the,State Highway. Department intends to award a contract shortly for a section of road from Murray Dam to Sullivan's Island, which V/ AUGUST 19, 1975, Cont'd. is to be extended on to Pinnacle Mountain in the future. Mr. McMullin further explained that all of. the City's activities regarding this project must be completed by December 1, 1975 in order to comply with federal requirements for Bureau of Outdoor Recreation Funds (BOR); and a delay of this issue could possibly jeopardize the City's position in the trial scheduled for August 28 and 29, which was brought - about by the Sullivan family, and subsequently jeopardize the BOR funds. City Attorney Joseph C. Kemp ruled that this issue is not a legal matter; the City does have the authority to condemn both inside and outside the city providing'the property -in- question is within five miles of the corporate limits of the City, and he contended that if this issue is'not resolved at this time, it could result in a delay whereby the courts might not be able to deal with the current litigation in time for the City to meet the BOR deadline. One of the owners of the subject property, Mr. Ralph Sullivan, was present in oppo to the proposed Ordinance and to the condemnation of this property by the City,,and questioned the donation of other pieces of property for River MountainrPark. After considerable discussion, there was a motion by Director Keith, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance followed. There was a further suspension of the rules at this time whereby the Ordinance was placed on third and final reading, by a motion made. by Director Keith, again seconded by Director Dailey, and by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the third and last time; after which the passage of the Ordinance was submitted to an Aye and No roll call vote described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - total 5; Noes - Director Hollingsworth - total 1; Abstaining - Director Young, who explained his abstention as being due to a conflict of interests - total 1; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - total 5; Noes - Director Hollingsworth - total 1; Abstaining - Director Young - total 1; Absent - None. Accordingly, it was then announced that the Ordinance, together with the.Emergency Section, had been passed. The following Zoning Petitions, as approved by the Planning Commission, were presented for ation: Z -2933 - Petition from Georgia Wage and Dick McKinney to rezone 107 Beechwood Street, described as Lot 16, Block 8, Elmhurst Addition to the City of Little Rock, Arkansas,.from "B" Residence District to "E -1" Quiet Business District. Z -2935 - Petition from Horace G. Wilson to rezone 5503 Geyer Springs Road (See Petition for lengthy legal description) from "A" One- family District to "F ". Commercial District. Z -2936 - Petition from Boyd Tackett, Jr., attorney for Boyce Lanier, M. W. Jones and Buck Simpson, to rezone 3800 block of Blunt Street, described as Block 1 of Oak Park Addition, from "B" Residence District to "F" Commercial District. Z -2937 - Petition from Jerry Jewell by Christopher C. Mercer, Jr., Attorney to rezone 715, 719 and 721 East 21st Street, containing a lengthy legal description as shown on the Petition, from "C" Two- family District to "E -1" Quiet Business District.. Z- 1403 -A - Petition from 0ak Forest Cleaners and Laundry Company to rezone 8725 West Markham Street, described as Lots 2 and 3, Saugey Addition, from "A" One- family District to "F" Commercial District. As there was no one present to oppose the rezoning of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,082, as follows) There was presented Ordinance No. 13,082, entitled: AUGUST 19 1975, Cont'd. AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTIO] ARKANSAS; which Ordinance was read the,first time. There was a motion which followed from Director-Bussey, seconded by Director Young, "to defer the matter for two weeks to aZZow for further study and consider- ation." A roll call was taken which adopted the motion by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was therefore, placed on the calendar for second reading on September 2, 1975. ' At this point in the meeting, Directors Dailey and Hollingsworth were excused. Ordinance No. 13,083 was then presented, with the title being: 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, AND ASSIGNING SAME TO WARDS; (Marlowe Manor Addition - Court Order dated June 30, 1975) I/ 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. The rules were then suspended to allow for the second ' reading of the Ordinance by a motion made by Director Dailey, seconded by Director Linkous, and un- animously adopted by the Board members present, being seven in number and two - thirds or more of the membi of the Board of Directors - elect. The Ordinance was read the second time; after which the rules were aga: suspended and the Ordinance placed on its third and final reading by motion.of Director Linkous, seconde( by Director Young, which was adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of-Directors- elect. The Ordi- nance was read the third and last time and subsequently submitted to a,roll call vote, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. It was announced that the Ordinance had been passed. The next presentation was -a Petition by residents of the Twin Lakes area for the,establishment of a recreational area improvement district. Accompanying the Petition was a Certificate from the Little Roc Abstract Company stating the,total- assessed value of all property described in the Petition to be $1,111,990.00, and verifying the signatures contained on the Petition.to represent a majority of the ' property owners in Sections E,-F -and G of the Twin Lakes Subdivision. As a Public Hearing had been scheduled for this time and place, with notice thereof having been published on August,.l, 1975 and August 8, 1975, the - Public Hearing was then declared to be open and all- interested persons were invited to come forward and address to the issue. A number of residents were present'to oppose the formation of this district, and the speakers included Samuel Probasco of 9224 Labette Drive, 0. C: Howser, Jr. of 9209 Labette Drive, Jim Lindsey of 9316 Labette Drive, Joe Hastings of 9215 Labette Drive, Jack Jeffcoat of 9919 Labette Drive, and John Reeves of 9800 Relda Drive. Opposition was based upon lack of parking provisions; the possible attraction to the area of undesirables, the disadvantages to those living in close proximity to the recreation area, etc. The attorney for the district, Mr. Frank Cox, advised that Petitions were widely circulated and brochures provided which set forth all the plans for this district; fifty -eight percent of the residents had signed the Petition; and the annual assessment for each propert owner would amount to $48.00, ceasing after twelve years, and in addition, an annual maintenance charge of $24.00 would be required of each property owner. Various aspects of.the improvement district plan ' were explained by Mr. Jerry Gardner of 19 Tanya Court; who resides in the area and supports the formatio of the district: Mr. Gardner stated that an Ad Hoc Committee would be established to determine rules and regulations for the area. After considerable discussion, both for and against the formation of the proposed district, Mayor Wimberly declared the Public Hearing to be closed and a related Ordinance was placed on first reading. -(See proposed Ordinance below) Presented at this time was a proposed Ordinance, entitled: AN ORDINANCE ESTABLISHING TWIN LAKES RECREATION AREA IMPROVEMENT DISTRICT NO. 1 OF LITTLE ROCK, ARKANSAS; which Ordinance was read the,first time. There was a motion which followed from Director-Bussey, seconded by Director Young, "to defer the matter for two weeks to aZZow for further study and consider- ation." A roll call was taken which adopted the motion by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was therefore, placed on the calendar for second reading on September 2, 1975. ' At this point in the meeting, Directors Dailey and Hollingsworth were excused. Ordinance No. 13,083 was then presented, with the title being: 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, AND ASSIGNING SAME TO WARDS; (Marlowe Manor Addition - Court Order dated June 30, 1975) I/ AUGUST'19, 1975, Cont'd. with there being a first reading of the Ordinance The rules were subsequently suspended and the Ordi- nance placed on its second reading, by a motion made and seconded by Directors Bussey and Young, respectively, and unanimously adopted by members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a further suspension of the rules and the placing of the Ordinance on its third and final reading, by a motion made by Director.Bussey, seconded by Director Young, and adopted by unanimous vote of the members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, after which there was an Aye and No Vote taken on the passage of the Ordinance,.which is described as follows: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey and Young - total 5; Noes - None; Absent - Directors Dailey:,and Hollingsworth - total 2. The Ordinance was therefore, declared passed. Introduced at this time was Ordinance No. 13,084, containing the following title: AN ORDINANCE APPROVING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF CERTAIN LANDS WITHIN SECTION THIRTY THREE (33), TOWNSHIP TWO (2) NORTH, RANGE THIRTEEN (13) WEST, TO THE CITY OF LITTLE ROCK IN PULASKI COUNTY, ARKANSAS; (JMH and Foxrun Subdivisions - Court Order dated January 8, 1975) ' and the Ordinance was.read the first time. There was a motion then made by Director Bussey, seconded byl Director Young, to suspend the rules to allow for the second reading of the Ordinance at this time; which motion was adopted by unanimous vote of the Board members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. The second reading of the Ordinance was followed by a further suspension of the rules which placed the Ordinance on its third and final reading, by a motion again made and seconded by Directors Bussey and Young, respectively, and adopted by unanimou vote of the members of the Board of Directors present, being five in number and two - thirds or.more of th members of the Board of Directors- elect. There was a third and last reading of the Ordinance, resulting in a roll call vote on the passage of the Ordinance which is described as follows: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey and Young - total 5; Noes - None; Absent - Directors Bussey and Hollingsworth - .total 2. It was announced that the Ordinance had been passed. Presented for consideration at this point was Ordinance No. 13,085, entitled: AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF LANDS LOCATED WITHIN SECTION THIRTY THREE (33), TOWNSHIP TWO (2) NORTH, RANGE THIRTEEN (13) WEST, TO THE CITY OF LITTLE ROCK, IN PULASKI COUNTY, ARKANSAS; (Little Rock West - Court Order dated January 8, 1975) with said Ordinance being read the first time. There was a motion then made by Director Bussey and seconded by Director Young, to suspend the rules to provide for the second reading of the Ordinance. The motion was adopted by unanimous vote of the members of the Board of Directors present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. There was a subsequent suspension of the rules which placed the Ordinance on its third and final reading, resulting from a motion made and seconded by Directors Bussey and Young, respectively, and adopted by unanimous vote of the Board members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time; after which there was an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey and Young - total 5; Noes - None; Absent - Directors Dailey and Hollingsworth - total 2. The Ordinance was declared passed. The next item presented for consideration was Resolution No. 5,407, entitled: A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF AN E -2382 CARD READER; RENEWING ANNUAL MAINTENANCE AGREEMENT WITH VARIAN DATA MACHINES; WAIVING COMPETITIVE BIDDING; AND FOR OTHER PURPOSES; AUGUST 19. 1975.' Cont'd. with the Resolution being read in its entirety, and thereafter adopted by a motion made by Director Bussey, seconded by Director Young, and by the following roll call vote: Ayes - Director. Keith, Mayor Wimberly, Directors Linkous, Bussey and Young - total 5; Noes - None; Absent — Directors Dailey and Hollingsworth - total 2. The final item to be presented from the Official Agenda was Resolution No. 5,408, described as: A RESOLUTION APPROVING AND AUTHORIZING THE UTILIZATION OF A "CONSENT AGENDA" FOR BOARD OF DIRECTORS' MEETINGS; AND FOR OTHER PURPOSES; and there was a complete reading of the.Resolution. A motion was then made by Director Keith, and seconded by Director Bussey, which led to adoption of the Resolution by the following roll call .vote: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey and Young - total 5; Noes - None; Absent - Directors Dailey and Hollingsworth - total 2. There being no further business to be presented or to come before the meeting, upon motion of Director Bussey, seconded by Director Keith, and by unanimous vote of the.Board members present, the P meeting was adjourned at 9:45 o'clock P. M., to meet again in regular session on Tuesday, September 2, 1975 at 7:30 o'clock P. M. ATTEST:: { (: i City Clerk APPROVED: . orwxl�t4 Mayor Board of Directors Chamber Little Rock, Arkansas September 2, 1975 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - _total 6; Absent - None. A quorum was.therefore declared, and the.meeting proceeded as herein described: The Invocation was given by Mayor Wimberly. The following items contained in the Consent Agenda were presented first: The Minutes of the previous meeting held on August 19, 1975, as written and summarized to the members of the Board of Directors. The Comparative Statement of Income Account of the ,Little Rock Municipal Water Works for the month of July, 1975. The Audit.Report for the Little Rock Port Authority for a period ending June 30, 1975. By a motion made by Director Hollingsworth, seconded by Director Dailey, and unanimously adopted by , the members of the Board of Directors present, the minutes of the previous meeting were approved as _ written and summarized to the Board members, and the Comparative Statement and Audit.Report were receive and filed. Introduced at this time by Director Bussey was Resolution No. 5,409, entitled: A RESOLUTION PERTAINING TO PLANNED IMPROVEMENTS IN TWIN LAKES RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 1; and the Resolution was read in its entirety by Director,Bussey. Following a ruling by City Attorney Joseph C. Kemp that signatures contained.'- in the Petition to form the District could not be removed legally, Director Bussey advised that an amended plan of improvements included with the subject Resolution was acceptable to both the opponents and proponents of the Improvement District. The Attorney for the district, Mr. Frank Cox, advised the Commissioners would cooperate with the property owners and abide by their wishes in this matter. At this point, Director Linkous stated that he had not participate in the discussion and would abstain from voting on this matter due to a conflict of interests. The Resolution was then submitted to a roll call vote, upon a motion by Director Bussey which was seconded by Director Young, with the resulting vote described as follows: Ayes - Director Dailey, Mayor Wimberly, Directors Bussey, Hollingsworth and Young - total 5;- Noes.- Director Keith - total 1;-..Abstaining - Director Linkous - total 1; Absent - None. It was therefore announced that the Resolution had been adopted, and a related Ordinance was placed on second reading. (See Ordinance No. 13,086, as follows) Ordinance No. 13,086 was again presented, with the title being: AN ORDINANCE ESTABLISHING TWIN LAKES RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 1 OF LITTLE ROCK, ARKANSAS; which Ordinance, having been first read on August 19, 1975, was then read the second time. At this time, the rules were suspended and the Ordinance placed on its third and final reading by a motion made by Director Bussey, seconded by Director Dailey, and unanimously adopted by the Board members present, being sevenein number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance, resulting as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey, Hollingsworth and Young - total 6; Noes - None; Abstaining - Director Linkous, who explained his abstention as being due to a conflict of interests - total 1; Absent - None. Accordingly, it was announced that the Ordinance had passed. SEPTEMBER 2, 1975, Cont'd. The next item presented for consideration was Ordinance No. 13,087, described as: AN ORDINANCE AMENDING ORDINANCE NO.-13,068 PERTAINING TO FUNDS ADVANCED TO CENTRAL ARKANSAS TR ' AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading, by a motion made by Director Hollingsworth, and seconded by Director Dailey, which was unanimously.adopted by members of the Board of Directors present; being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, a subsequent motion was.made by Director Hollingsworth, and seconded by Director Dailey, for a further suspension of the rules to allow for the.third and final reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board members present,,being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read for the third and last time. An Aye and No.vote was taken on the passage of the Ordinance and the resulting vote is described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly,.Directors Linkous, Bussey, Hollingsworth and Young - total 7;, Noes.- None; Absent - None. It.was announced that the Ordinance had been passed. ' There was presented a, proposed Ordinance, entitled: AN ORDINANCE AMENDING IN PART SECTION 44 -5 -1 OF ARTICLE II.OF CHAPTER 44 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Pertaining to "principal use concept" - Sign Ordinance) and there was a first reading of the Ordinance; after which a lengthy discussion ensued. The first speaker was Mrs. Gloria Cabe, President of the,League of Women Voters, who supported the restoration of the principal use concept to the Sign Ordinance, as provided in this proposed Ordinance. Also speaking the proposed Ordinance was Mr. Jim Mauney, Chairman of the City Beautiful Commission who, stated that "it would prevent-the occurrence of visual clutter." Attorney John,T. Williams, representing the Baird Sign Company, argued against the proposed Ordinance on the basis that the principal use concept was incompati with the existence of sign.companies, and he.contended that this provision was not included in the sign ordinance of any other City. The - .opinion was expressed by Director Young that although the Sign Ordi- nance may not necessarily be adequate, it has not as yet been proven inadequate::and should not be inter- Presented at this time for consideration was Resolution No. 5,410, entitled: fered with until the City has had more,experience' with it. Director Bussey concurred with Director Young and .stated that he would not vote in favor of this or any amendment until the Sign Ordinance had been in effect for a year. Director Hollingsworth said the ,Ordinance had not been given,a chance to work when the principal use concept was removed by the Board in December, 1974; and Director Keith, who sponsored the Ordinance, urged that the Sign Ordinance be implemented in its.original form at the time of passage. After considerable discussion, the rules were suspended and the Ordinance placed on its second reading, by a motion made by Director Hollingsworth, seconded by Director Linkous, and unanimousl adopted by the Board members present, being seven in number , and.two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the second time. There was a subsequent motion which followed whereby the rules were again suspended to allow for the third and final reading of the Ordinance; with the motion again being made and seconded by Directors Hollingsworth and Linkous, respect . and unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the,Ordi- nance resulted in a roll call vote on the passage of the Ordinance, which is described as follows: Ayes Directors Keith and Hollingsworth - total 2; Noes - Director Dailey, Mayor Wimberly, Directors Linkous, ' Bussey and Young - total 5; Absent — None. Accordingly, it was announced that the Ordinance had NOT PASSED. Presented at this time for consideration was Resolution No. 5,410, entitled: 132 SEPTEMBER 2, 1975, Cont'd. A RESOLUTION PROHIBITING PERSONS OTHER THAN DULY CONSTITUTED LAW ENFORCEMENT OFFICERS OR OTHER AUTHORIZED PUBLIC PERSONNEL FROM DIRECTING AND /OR CONTROLLING THE MOVEMENT OF VEHICULAR AND /OR PEDESTRIAN - TRAFFIC UPON THE PUBLIC STREETS AND WAYS OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Pertaining to crossing guards) ' and the Resolution was read in its entirety and followed by a brief discussion. It was..suggested by Director Bussey that there are numerous members of the Police Auxiliary who are qualified to serve as crossing guards and perhaps, could be utilized for this purpose. Director Linkous expressed the opinion that the provisions of the Resolution allowed for the most fair and simple way of dealing with the problem of crossing guards at strategic points in the City. City Manager Carleton McMullin contended that minimal training, such as that required for.school crossing guards, would be required by anyone serving in this capacity. A motion was then made by Director Dailey, and seconded by Director Hollings- worth, that the Resolution be adopted. A roll call was taken whereby the Resolution was adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - Director Bussey - total 1; Absent - None. The subject of an "Annexation Time - table" was discussed next, and a recommendation was made by the City Manager that November, 18, 1975 be set as a.tentative date for a referendum on the annexation of 55 square miles to the east, south and west of the.City, with the matter to come before the City Board's , Agenda Session of October 15, 1975. It was emphasized by the Board members that this would in no way undermine the work of the Volunteer Annexation League for United Effort (VALUE) which has contributed considerable time and effort toward the annexation of.this land, but that the Board could continue to work with VALUE in preparation for the election. The Board members concurred with the City Manager, and accordingly tentative dates of October 15, 1975 for the Agenda Meeting and November 18, 1975 for the referendum were approved. There was presented Resolution No. 5,411, described as: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF FIRE DEPARTMENT CLOTHING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; with said Resolution being read in full; and thereafter adopted.upon.motion of Director Young, seconded by Director Linkous, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and.Young - total 7; Noes - None; Absent - None. Then presented was Resolution No. 5,412, with the title being: A RESOLUTION RENEWING FOR THE YEAR 1975 AMBULANCE SERVICE OPERATORS FRANCHISE OF A -1 AMBULANCE SERVICE, INC., WITHIN THE CITY OF LITTLE ROCK; AUTHORIZING THE ISSUANCE OF THE NECESSARY PERMIT; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A report was made by City Manager Carleton McMullin concerning the fees charged by the.ambulance service,.and a spokesman for the company responded that the fees include the cost of expensive first -aid equipment. Director Linkous commented that A -1 was not responding to emergency calls quickly enough, and suggested that an emergency medical service should be established which could reach an emergency situation in a short time and render emergency aid to stabilize la victim's condition until an ambulance arrived. A motion was then made by Director Linkous, and seconded by Director Bussey, for adoption of the Resolution. A roll call was taken and.the Resolution was adopted by the following vote: Ayes - Directors Keith and.Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Director Hollingsworth was excused at this point in the meeting. Ordinance No. 13,088 was the next presentation, with the title being: AN ORDINANCE AMENDING CHAPTER 39 OF THE CODE OF ORDINANCES PERTAINING TO TRAFFIC TO PROVIDE A NEW SECTION 39 -54.1; AND FOR OTHER PURPOSES; (Pertaining to negligent and inattentive driving) — V/ - 33 SEPTEMBER 2, 1975, Cont'd. with there being a first reading of the Ordinance. Director Young-questioned-the terminology of the Ordinance and the responsibility which would be.placed'upon the officers who would enforce the Ordinance; and in the ensuing conversation, it was established that similar laws were being presently enforced in certain areas of Florida and California. Subsequently, there was a motion made by Director Linkous, seconded by Director Bussey, to, suspend the rules and place the Ordinance on its second reading; which motion was adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds.or more of.the members of .the Board of Directors- elect. The second reading of the Ordinance was followed by a motion from Director Keith, seconded by Director Linkous, to again suspend the rules to allow for the third and final reading of the Ordinance at this time. The motion was unanimously adopted by the Board members present, being six in number and.two- thirds or more of the members of the Board of Directors - elect; and there was a third and last,reading of the Ordinance. The question of the passage of the Ordinance was then submitted to an Aye and No Vote, which resulted as herein described: Ayes - Directors Keith and Dailey; ,Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director Hollingsworth - total 1. The Ordinance was declared ' passed. A general discussion followed, and a tentative date by was,set the Board members to hold a workshop session on Tuesday, September 9, 1975 at 7:00 o'clock A. M. for the purpose of studying two Ordinances pertaining to taxicab operations and a Resolution pertaining to airport'limousine service, which had been deferred from a previous Board meeting. Director Linkous, the.City Board's representative on the Transit Policy Board, reported briefly on the subject, stating that in the future the City Board would receive reports on various transactions, minutes of the Transit Board Meetings, and be kept fully inform of activities concerning the transit company. He added that when a check in the amount of $25,000 from the County is received by the transit company, matching funds which would include the City's $50,000 provided by Ordinance No. 13,087 would be applied for from the federal government. The final item from the Official Agenda was then presented, being Resolution No. 5,413, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK WASTEWATER UTILITY COMMITTEE; AND FOR OTHER PURPOSES; (Appointment of James K. Hamilton) with said Resolution being read in its entirety. .There was a motion by Director Bussey, seconded by Director Young, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Absent - Director Hollingsworth - total 1. There being no further business to be presented or to come before the Board of Directors at this time, upon motionc,of Director,Bussey, seconded by Director Dailey, and by unanimous vote of the Board members present, the meeting was adjourned at 9:10 o'clock P.•M., to meet again in. regular session on Tuesday, September 16, 1975 at 7:30 o'clock P. M. ATTEST: APPROVED: fzl City Clerk Mayor IIFi Board of Directors Chamber Little Rock, Arkansas September 16, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. As there was a quorum in attendance, it was so announced and the following proceedings occurred:. The Invocation was given by Director Linkous. Presented first was the Consent Agenda, which included the following items: The reading of the Minutes of the previous meeting held on September 2, 1975. Resolution No. 5,414, entitled: "A RESOLUTION ACCEPTING VARIOUS QUITCLAIM DEEDS TO LANDS FOR PARKS, DRAINAGE, UTILITIES AND OTHER PUBLIC USAGE; AND FOR OTHER PURPOSES." Resolution No. 5,415, entitled: "A RESOLUTION EMPLOYING THE ENGINEERING FIRM OF BLAYLOCK, THREET AND ASSOCIATES TO PREPARE•A TOPOGRAPHIC SURVEY OF WAR MEMORIAL PARK; AND FOR OTHER PURPOSES." Resolution No. 5,416, entitled: "A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF ONE ' BACKHOE ATTACHMENT FOR USE BY THE PARKS DEPARTMENT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES." Resolution No. 5,417, entitled: "A RESOLUTION WAIVING THE PROVISIONS OF THE MASTER STREET PLAN AND AUTHORIZING THE ISSUANCE OF A BUILDING PERMIT FOR THE SOUTHWEST CORNER OF MARKHAM AND CUMBERLAND STREETS IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES." Resolution No. 5,418, entitled: "A RESOLUTION AMENDING IN PART RESOLUTION NO. 4,939 PERTAIN- ING TO LIMOUSINE SERVICE TO AND FROM THE LITTLE ROCK MUNICIPAL AIRPORT; AND FOR OTHER PURPOSES." (Resolution read and deferred from meeting of August 5, 1975) Resolution No. 5,419, entitled: "A RESOLUTION REPROGRAMMING MODEL CITIES FUNDS; AND FOR OTHER PURPOSES." The reading of the minutes of the meeting of September 2, 1975 was.dispensed with and said minutes were approved as written and summarized to the Board Members; and Resolutions No. 5,414, 5 %1415, 5,416, 5,417, 5;418 and 5,419 were read and subsequently adopted, upon motion of Director Hollingsworth, seconded by Director Dailey, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The next presentation consisted of two Zoning Petitions, approved by the Planning Commission, and described as follows: Z -2942 - Petition from Carl W. Corley, to rezone property located at 4305, 4317 and 4319 West 12th Street, also described as Lots 2, 3, 4 and 5 of Block 2, Sidney Johnson's Addition to the City of Little.Rock, Arkansas; from "B" Residence District to "F" Commercial District., Z -2945 - Petition from the Central Arkansas Human Service Council to rezone property situated at 1413 Battery Street, described as Lot 4, Block 18 of the Centennial Addition, from "C" Two- family District to "D" Apartment District. As there was no one in attendance who wished to address to the issue, an Ordinance to reclassify the above described properties was placed on first reading. (See Ordinance No. 13,089, as follows) Presented at this time was Ordinance No. 13,089, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ' SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance then being read.the first time. A motion followed which suspended the rules and placed the Ordinance on its second reading; with the motion being made and seconded by Directors Hollingsworth and Dailey, respectively, and unanimously adopted by the Board Members present, being 1135 SEPTEMBER 16 1975, Cont'd. in and two- thirds or more of the members of the Board of Directors - elect. There was a seven number second reading of the Ordinance; and a motion was again made by Director Hollingsworth, seconded by Director Dailey, for a suspension of the rules to allow for a subsequent reading of the Ordinance. The ' motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds the members of the Board of Directors- elect, and there was a third and final reading of the or more of Ordinance. The ensuing Aye and No Vote on the passage of the Ordinance was recorded as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None: Accordingly, it was announced that the Ordinance had passed. Ordinance No. 13,090 was presented at this time, and entitled: AN ORDINANCE ACCEPTING AND APPROVING THE ANNEXATION TO THE CITY OF LITTLE ROCK; ARKANSAS, OF-A TRACT OF LAND DESCRIBED AS: PART OF THE SEA SECTION 21 AND PART OF THE NEB SECTION 28, T -2 -N, R -13 -W, PULASKI COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED HEREINAFTER; WHICH LAND IS CONTIGUOUS TO THE PRESENT CITY LIMITS; AND FOR OTHER PURPOSES; (Charles Taylor Annexation - By.Court Order dated August 5, 1975) and there was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Hollingsworth, seconded by Director Dailey and un- animously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. The ensuing second reading of the Ordinance was followed by a motion from Director Hollingsworth, again seconded by Director Dailey, for a further suspension of the rules to allow for-.the third and final reading of the Ordinance. The motion was unanimously adopted by the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye.and No Vote taken on the passage of the Ordinance is described as follows: Ayes- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was declared passed.. There was presented an Ordinance, No. 13,091, which is described as follows: AN ORDINANCE AMENDING CHAPTER 39 OF THE CODE OF ORDINANCES PERTAINING TO TRAFFIC TO PROVIDE A NEW SECTION 39 -191; AND FOR OTHER PURPOSES; and the Ordinance was.read the first time. This Ordinance was requested by Mr. Charles Rixse',,Executive Director of the Little Rock Advertising and Promotion Commission, who was.present and stated that the purpose was to provide a recourse with which to deal with persons who,.on various' occasions, exit-the municipal parking garage without paying the parking fee. Mr: Rixse contended that this type of.occurrenc was damaging to the morale of garage employees, causing them to lose the incentive to -make others pay, for this service, and resulted in loss of money to the garage. An amendment to the Ordinance was.propose by Director Hollingsworth in the form of a motion "to delete from the Ordinance the words 'private facilities' and show the Ordinance as referring only to public facilities."' The motion was seconded by Director Dailey and adopted by a roll call vote described as-follows:- Ayes — Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total, 7; Noes - None;- Absent - None. The rules were then suspended to allow for the second reading of -the Ordinance, after a motion was made by Director Hollingsworth, seconded by Director Bussey, and unanimously adopted by members of the Board of Directors present; being seven in number and two = thirds or more of the members of the Board of Directors - elect. There was a second reading of .the Ordinance, as amended; and an ensuing - motion. by Director Hollingsworth for a-further suspension of the rules to allow for the third and final reading ' of the Ordinance at this time; which motion was unanimously adopted by members of the.;Board of Directors present, being seven in number and two - thirds or more of the members of the Board of.Directors- elect. The third and last reading of the Ordinance resulted in an Ayeiand No Vote being.taken on the.passage of the Ordinance and recorded -as herein-described:,. Ayes- Directors Keith and - Dailey, Mayor. .Wimberly,' , Directors Linkous, Bussey, Hollingsworth and Young- total 7; Noes - - None; - Absent - None. It.was then 13d Cont'd. t the Ordinance, as amended, had been passed. F1975, on No. 5,420 was the next presentation, with the title being: TION AUTHORIZING A CONTRACT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE FIRST OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Training program sponsored by the Central Arkansas Manpower Planning Council) with the Resolution being read.in its entirety. The.ensuing discussion centered upon the merits of two similar programs for training economically deprived persons for employment within the banking community, one of which is presently being implemented.by the Union National Bank of Little Rock, and the other is ' to be implemented by the First National Bank of Little Rock as provided by the provisions of the,subject I Resolution.' Mr. Herb Coleman who is affiliated with the Opportunity Industrialization Center (OIC) which sponsors the Union Bank program, stated.that persons are being successfully trained in five or six areas of banking and expressed the opinion that the policy of training without remuneration practiced in this instance was preferable to the remunerative - training proposed for implementation by the First National Bank. A spokesman for the First National Bank, Mr. Charles Stewart, contended that the larger portion of the cost of this program will be absorbed by the Bank; that each trainee will be paid $20 per week to cover the cost of transportation, etc.; and that almost one hundred percent (100 %) of the funds provided for this project will go to the trainees. He added that the trainees will go to five , different departments within the bank and upon completion of the training, would be eligible for placing in any bank within the area. Responding to an inquiry by Director Keith, Mr. Mahlon Martin, Adminis- trative Assistant to the City Manager, advised that statistics prove that program paying allowances have a much better ratio of completion than programs which do not, and that Union Bank's OIC program will begin paying some remuneration to its trainees in the near future: At this point.in the discussion, i there was a motion by Director Young, seconded by Director Keith, which.resulted.in a roll call whereby I the Resolution was adopted by the following vote: Ayes,- Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Presented for second reading at this time was a proposed Ordinance, entitled:' AN ORDINANCE REPEALING VARIOUS SECTIONS ANDAMENDING VARIOUS SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO TAXICABS; AND FOR OTHER PURPOSES; and:it was announced by Mayor Wimberly that it had been agreed upon by the Board Members in a workshop session that this matter should be referred to. a committee. Mayor Wimberly subsequently appointed the following persons to serve on the committee:. Directors Keith, Hollingsworth and Linkous,. Mr. Jim Hudson and Mrs. Beulah Hunt. In response to a request by a citizen in attendance, Mayor Wimberly announced that a taxicab driver would be appointed as a sixth member to serve on the committee. As the Board Members were in unanimous agreement with this procedure, the Ordinance was placed on the calendar for second reading at such time as the findings and recommendations of the committee are presented to the Board. Ordinance No. 13,092 was again presented, with the description being: AN ORDINANCE AMENDING SECTION 23 -3.1 OF THE CODE OF ORDINANCES PERTAINING TO ZONE RATES FOR TAXI- CABS; AMENDING SECTION 23 -3.8 OF THE CODE OF ORDINANCES PERTAINING TO TAXICAB TRIPS ORIGINATING AT i THE LITTLE ROCK MUNICIPAL „AIRPORT; AND FOR OTHER PURPOSES; with the Ordinance, having been first read on August 19, 1975, then being read the second time. .The I ensuing discussion was prefaced by a statement from Director Young for the record, that "I disqualify myself” from the discussion and vote on this subject, due to .a conflict of,interests. A spokesman for the Arkansas Federation of the Blind voiced the ,approval of this organization for a taxicab rate ' increase providing the quality of the service rendered is also increased and pointed out among other things, inconsistencies in rates presently being charged. He requested:.that any action be deferred until such matters can be.reviewed.by a committee. , It was explained by Mayor Wimberly that the zones are being changed as a measure to bring about better service. Responding to Director Hollingsworth's 1 an election on the annexation of. 55 square miles of land lying to the ;east, south and west of the City. SEPTEMBER 16 1975, Cont'd. i A statement was•then read -by Mrs. Susie Courtney of the Voluntary Annexation League for United,Effort• suggestion that all matters concerning the - taxicab companies be-considered only after a committee report, (VALUE), describing the progress made to date by VALUE and expressing its support for an election "as the Director Keith insisted that the taxicab companies need immediate financial relief. A representative of the taxicab companies appealed to the Board to grant immediate relief to the - taxicab companies by allow- . ' ing increase at this time. He stated that the matter had been postponed for sometime, urged that seconded by Director Hollingsworth,.and unanimously adopted by the Board Members present, -to request the a rate it not-be deferred any longer, and promised that efforts would be made to alleviate any complaints which might be received. The discussion evolved.to the subject of- license and privilege taxes; however, it to Mrs. Susie Courtney and all of the volunteer workers of the VALUE organization for their time and was,unanimously agreed that this subject should be.referred to-the committee described in the preceding item. The rules were then suspended to allow for the.third and final reading of the Ordinance,'upon motion of Director Keith, seconded.by Director Dailey, which was unanimously adopted by the Board Members at this-time that an Ordinance calling for an election on this issue must be passed by'the -Board of ' present, being seven in number and-two-thirds or more of the members of .the Board of Directors - elect.' There was a third and last reading of the Ordinance.at this time; after which an -Aye and No vote was taken on the passage of the Ordinance which resulted,as follows: Ayes ­Directors Keith and Dailey, followed from Director Hollingsworth "that an annexation election be called for November 20,-1975 and tha Mayor Wimberly, Directors Linkous and Bussey.- total 5; Noes - Director. Hollingsworth' — total 1; Abstaining - Director-Young - 'total 1; •Absent --None;' The Ordinance was then declared passed. - A suggestion was made by Director Linkous at this time that, inasmuch as the Official Agenda for' the time frame specified - by'Zaw and, as described by the City Attorney.-" The motion was. seconded by the Board Meetings is prepared in,a given order, the Board should not- deviate.from this-order- unless ' extraordinary.conditions should justify such action. Director- Linkous contended that there are citizens who attend the meetings expecting certain items to be considered in,the chronological order shown on the An Analysis of Municipal Revenue Sources', as prepared by the Office of Management Support, was then agenda, and then are obliged to wait a considerable'length of time due to certain items being taken out . of the given order. Director Young.concurred, and urged that the Board follow "some semblance of structure" in conducting its meetings. After a brief discussion, it was the consensus of opinion among adopted by members of the.Board of Directors present, the Report was'received,and' filed. the Board Members that the agenda items would be considered in the order.listed•unless extraordinary. I circumstances should warrant.otherwise; at which time,a vote would be taken.- - Boy Scout'Troop No. 145 was in attendance at the meeting, and Mayor Wimberly recognized the troop and its chaplain, Mr. Bill Bowers, at-this•time and commended them for,their interest in.City Government. The Annexation Timetable was.the subject of discussion at this point, and City Manager.Carleton IIII[McMullin advised the -Board that November 20, 1975 would, in-his opinion, be an appropriate date to call an election on the annexation of. 55 square miles of land lying to the ;east, south and west of the City. A statement was•then read -by Mrs. Susie Courtney of the Voluntary Annexation League for United,Effort• (VALUE), describing the progress made to date by VALUE and expressing its support for an election "as the quicker and more economical means of,reaching a common goal. " - A motion-was:-then made by Director Keith, seconded by Director Hollingsworth,.and unanimously adopted by the Board Members present, -to request the City Attorney- to'prepare a Resolution of the Board of Directors expressing its appreciation and-gratitude to Mrs. Susie Courtney and all of the volunteer workers of the VALUE organization for their time and dedicated efforts to bring about.the annexation of this land. .A ruling-was given by Cify Attorney Kemp at this-time that an Ordinance calling for an election on this issue must be passed by'the -Board of ' Directors- not•more -than thirty days prior-to-the date designated for the election." A motion then followed from Director Hollingsworth "that an annexation election be called for November 20,-1975 and tha an Ordinance to -this effect bey prepared -and presented to the Board of Directors for consideration within the time frame specified - by'Zaw and, as described by the City Attorney.-" The motion was. seconded by Director - Young, and adopted by unanimous vote of-the members.'of the Board of Directors present.' An Analysis of Municipal Revenue Sources', as prepared by the Office of Management Support, was then presented and upon motion of Director Keith, seconded by Director Hollingsworth,,which was.unanimously- adopted by members of the.Board of Directors present, the Report was'received,and' filed. At this time, Director Keith was excused from the meeting.- SEPTEMBER 16, 1975, Cont'd. The next presentation was Resolution No.,5,421; containing the following title: A RESOLUTION APPROVING AND AUTHORIZING AN ORGANIZATIONAL STRUCTURE WITH THE RESPONSIBILITY FOR DELIVERY OF CERTAIN MUNICIPAL SERVICES; AND FOR OTHER PURPOSES; with said Resolution being read in.its entirety. A motion was then made by Director Young and _seconded by Director Bussey which resulted in a roll call vote whereby the Resolution,was adopted:as .herein: described: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Keith - total 1. Director. Keith was re- enrolled. The Arkansas Power and Light Company's request. for an increase in electric rates was the next subject presented,_ and a lengthy discussion.ensued. Responding,to questions by the Board concerning.. various aspects of this issue, City Attorney Joseph C. Kemp ruled that -it was within the authority of the City to fix utility rates, but the City could not legally hold a Public Hearing on-the subject at present because "once the issue of. rate adjustment is under consideration by either.a,municipality or a Public Service Commission, as it is in this.case, the other must wait until,the,outcome or findings of the organization currently studying the matter are made known. "..,Director Dailey recommended that the Board proceed with the Public Hearing as, soon_as possible to determine if the City wants to get.into the area of rate structure; however, Mayor Wimberly took a divergent viewpoint and spoke in opposition to . a hearing in the immediate future. Mrs. Billie Jo Humphries .read a_ prepared statement of the Arkansas Community Organizations for Reform Now ,(ACORN) urging support of the organization's proposed "Lifeline" rates, whereby residential rates would be,reduced.and industrial and business, rates would be increased by 47 percent. The ACORN:. statement also, requested that the proposed public hea ring ,be, held in the evening when more working people would be able .o attend, as .opposed to an afternoon hearing..- Mr. Jim. Hall, president of the Little Rock Chamber of, Commerce, maintained.that the 47% increase for.industrial users proposed by ACORN would . severely damage the growth and improvement, rate of,the,City, and, would prove detrimental to the creation of new jobs. Several representatives of ACORN spoke, urging some. form of municipal control over the rising utility rates._.A motion.was subsequently made by Director Young that "a Public Hearing be held at 7:30 o'clock P. M. on October_ 29, 1975." The motion was seconde by Director Hollingsworth and adopted by the following roll call vote: Ayes - _Directors Keith, Dailey, Linkous; Bussey, Hollingsworth and Young - total 6; Noes - Mayor Wimberly - total 1; Absent - None. (See Resolution No. 5,422, as follows) There was presented Resolution No. 5,422, entitled: A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING; AND FOR OTHER PURPOSES; (Public,Hearing to be at 7:30 o'clock P. M., October 29, 1975, for purpose of discussing the question of whether the City of Little Rock should assume responsibility for fixing electric rate charges which may be charged to the users of electric current in the City of Little Rock.) and said Resolution was read in full, and thereafter adopted upon motion of Director.Young, seconded by Director Hollingsworth, and by the following roll call vote: - Ayes - Directors Dailey, Bussey, Hollings- worth and Young - total 4; Noes - Director Keith, Mayor,Wimberly and Director Linkous - total 3; Absent - None. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Hollingsworth,. seconded by Director Young, the meeting was adjourned at 9:35 o'clock P. M., to meet again in regular session on Tuesday, October 7, 1975 at 7:30 o'clock P. M. ATTEST: QM.GJ City Clerk APPROVED: Mayor. �`v`7 I�139 Board of Directors Chamber Little Rock,,Arkansas September 23,1975 - 8:00 A. M. The Board of Directors of the City of Little Rock; Arkansas met in Special Session with "Waivers of Notice of Special Meeting of the Board of Directors ", signed by each Director, filed with the City Clerk. Presiding were Mayor George E. Wimberly and City Clerk Jane Czech; with'-,the following Directors present: Directors'Keith, Dailey, Linkous; Bussey, Hollingsworth and Young - total 6; Absent — None. - There being a quorum in attendance and it being so announced, the following proceedings were had: City Manager.Carleton,E. McMullin .then advised the.Board that bids had • been.taken.for. -the construction of a sanitary sewer line to serve the Boyle Park Maintenance-Shop, and that the low bidder was Heavrin Construction Company. He further stated that the low bidder was "in between jobs" and needed to move immediately to begin the,construction of the sewer line. He then recommended that: the Board of Directors accept the, low bid and appropriate.$8,000.00 from General Revenue Sharing Funds to defray the expenses in- this.project. Ordinance No. 13;093,was then presented; entitled: AN ORDINANCE AWARDING A CONTRACT FOR IMPROVEMENTS IN BOYLE.PARK;- APPROPRIATING FUNDS; AUTHORIZING PAYMENT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Contract awarded to Heavrin Construction Company, not to exceed $11,235.00 - -- $8,000.00 to be appropriated from General Revenue Sharing Funds) and after a first reading of-the Ordinance, there.was a motion by Director Keith to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Young and unanimously adopted by the Board Members present, being seven.in number and two - thirds or more of the members of the,Board of Directors - elect; and a second reading of the Ordinance ensued. There was a motion then made by Director Young, seconded by Director Keith, for a further suspension of the rules to permit the third and final reading of the Ordinance at this time, which motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote taken on the passage of the,Ordinance and described as follows: Ayes - Directors Keith and Dailey,.Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - .None; Absent - None. The Emergency Clause contained in Section 4 of .Ordinance No. 13;093 was then read and submitted to the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None: The Ordinance together with,, the Emergency Clause was.then declared passed. There being no further business to be presented or to come before the,meeting, upon motion of. Director Dailey, seconded by Director Linkous, and by unanimous vote of the Board Members present, the meeting was adjourned at 8:10 o'clock A. M., to meet again in regular,session on Tuesday, October 7, 1975 at 7:30 o'clock P. M. ATTEST: APPROVED: 9 (/ 7 City Clerk Mayor 11 V/ Board of Directors Chamber Little Rock, Arkansas October 7, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor. Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Hollingsworth - total 5; Absent - Director Young - total 1. There was a quorum declared present, and the following is an accounting of the proceedings: The Invocation was.given by Mayor Wimberly. The first presentation from the Official Agenda consisted of the "Consent" items, which are described as follows: The minutes of the previous meeting, held on September 16, 1975. A Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of August, 1975. An Abstract of Votes from the Pulaski County Election Commission on the Special Election pertaining to issuance of Industrial Development Revenue Bonds in an amount not to exceed $5,000,000, for the A. 0. Smith- Inland, Incorporated Expansion Project. The said minutes were approved as written and summarized to the Board of Directors, and the Comparative Statement and Abstract of Votes described above were received and filed, following a motion from Director Hollingsworth, seconded by Director Bussey, which was adopted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous; Bussey and Hollingsworth - total 6; Noes - None; Absent - _Director Young.- total 1. . . Presented next was Resolution No. 5,423, entitled: A RESOLUTION.MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Appointments to the Housing Board of Adjustment. and. Appeals and the Little Rock Parking Authority). which Resolution was read in its entirety and subsequently adopted upon a motion from,Director Linkous, seconded by Director Keith, and by,the following roll call vote: Ayes - .Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hussey and Hollingsworth,- .total 5; Noes,- None; Absent.- Director Young - ,total 1. Ordinance No. 13,094 was,presented, with the „title being: AN ORDINANCE APPOINTING A COMMISSIONER FOR METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS; (Appointment of W. P. Gulley,.Jr.) and the Ordinance was read the,first time; after which there was.a motion from Director Bussey to suspend the rules and place the.Ordinance on its second reading. The motion was seconded by Director Hollingsworth, unanimously adopted by the Board members present,.being six in number and two - thirds or more of the members of the,Board of-,Directors-elect; and the second reading of the Ordinance ensued. A motion was then made,by Director Keith and seconded by Director Hollingsworth for a further suspensic of the rules to allow for.the third,.andf-inal_ reading of the Ordinance at this time; which,motion.was adopted by unanimous vote of the Board members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was.a third and last reading of the Ordinance, and the resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous,, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. The emergency clause contained in Section 3 of the above described Ordinance was read at this time and submitted to a roll call vote, resulting as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director OCTOBER 7, 1975,-Cont'd. Young - total 1. It was - announced that the,Ordinance, together with the emergency section, had been passed. Presented at this time was Resolution No. 5,424, described as: A RESOLUTION PERTAINING TO THE RECOMMENDATION OF THE STEERING COMMITTEE OF THE - RODNEY PARHAM IMPROVEMENT DISTRICT"'AND FOR OTHER PURPOSES; with the Resolution being read in full, and followed by a motion from Director Keith that the Resolution be adopted. The motion was seconded by Director.Hollingsworth, and the resulting roll call vote adopted the Resolution as follows: Ayes - Directors Keith and,Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total-l. Introduced at this time was Ordinance No. 13,095, entitled: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR LEAA FUNDS TO BE USED FOR THE PURCHASE OF COMPUTER TERMINAL EQUIPMENT; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; (Appropriation of $293 by'City, with matching amount from State, and remaining $5,264 to be provided from Federal Funds) with said Ordinance being read the first time. The rules were then suspended and the,Ordinance placed on its second reading, following a motion from Director Dailey, which was seconded by Director Bussey and unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a motion again made and seconded by Directors Dailey and Bussey, respectively, to suspend the rules to allow for the third and final reading of the Ordinance; with the motion being subsequently adopted by the Board of Directors present., being.six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time; after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as. herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total,6; Noes. - None;. Absent - Director Young - total 1. It was announced that the Ordinance had been passed. Presentation was.then made of Ordinance No. 13,096, containing the following title: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION.FOR LEAA FUNDS TO BE USED FOR CRIME PREVENTION PROGRAM; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; (Appropriation of $1,306 by City, with matching amount by State, and remaining $23,508 to be provided by Federal Funds) and there was a first reading of the Ordinance. A motion was made by Director Linkous to.suspend the rules to provide for the second reading of the Ordinance; which.motion was seconded by Director Dailey and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect.' The second reading of the Ordinance followed, after which a. motion was made by Director Keith and seconded by Director Dailey, which again suspended the rules and placed the Ordinance on -its third and final reading; with the-motion being unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors- elect. -The third and last reading of the Ordinance resulted in an Aye'and No Vote being taken on the passage of the Ordinance and recorded as follows: Ayes - Directors Keith and,Dailey, Mayor Wimberly, Directors Linkous, Bussey and-Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. The Ordinance was declared to have been passed. ,.,. Director Hollingsworth was-excused at this point in the meeting:. The next presentation was a proposed Ordinance, described as: - - -° AN ORDINANCE APPROPRIATING FUNDS AS THE CITY'S SHARE OF FUNDS TO BE USED BY METROPLAN IN THE OPERATION OF BUDGETED PROJECTS FOR,1975; AND FOR OTHER PURPOSES; (Appropriation of $5,134 from the General Fund) with the Ordinance being read the first .time, followed by a brief discussion pertaining to Metroplan's source of funds and the benefits provided by this Agency to the City of Little Rock. Mr. Jason Rouby, 6811 J I OCTOBER 7, 1975, Cont'd. Director of Metroplan, advised that all participating agencies have been asked to meet their budgeted share, and that various agencies are contributing an additional share. Mr. Rouby, in response to Director Keith, contended that there was no immediatebenefit visibly provided by Metroplan, but that ' its productivity to the City consisted of long -range comprehensive planning programs. The opinion was expressed by Director Dailey that the City should utilize all the services afforded by Metroplan. A'motion by Director Bussey to suspend the rules for the second reading of the Ordinance was seconded by Director Linkous, but failed to be adopted due to a dissenting vote by Director Keith, who explained that he mould prefer to vote on this subject when all Board Members were present. Accordingly, the Ordinance was left on the calendar for second reading on October 21, 1975. At this time Resolution No. 5,425 was introduced, and entitled: A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF EQUIPMENT FOR THE TRAFFIC DEPARTFrr.; ING PAYMENT; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety, and thereafter,adopted- upon motion of Director Bussey, seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith and,Dailey, Mayor Wimberly, Directors Linkous and Bussey - _total 5; Noes - None; Absent - Directors Hollingsworth and Young - total 2. There was presented Ordinance No. 13,097, containing the following title: AN ORDINANCE APPROPRIATING FUNDS TO DEFRAY THE COST OF AN ELECTION REGARDING ANNEXATION OF LANDS TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Appropriation of $11,000) and after a first.reading of said Ordinance, there was a motion by Director Bussey, seconded by Director Keith, to suspend the rules and place the Ordinance on its second reading. The motion received unanimou adoption by the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was again made and seconded by Directors Bussey and Keith, respectively, for a suspension of the rules to provide for the third and final reading of the Ordinance; with the motion being adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage.of the Ordinance, which is described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - total 5; Noes - None; Absent - Directors Hollingsworth and Young - total 2. The Ordinance was therefore, declared to have been passed. Resolution No. 5,426 was presented at this point, with the title being: A RESOLUTION OF COMMENDATION TO MS. SUSIE COURTNEY AND "VALUE "; (For their contribution toward bringing about the proposed annexation of 55 square miles to the east; south and west of the City) and the Resolution was read in full. A motion by Director Bussey, seconded by Director Dailey, resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - total 5; Noes - None; Absent - Directors Hollingswoth and Young - total 2. The final item to be presented from the Official Agenda was Resolution No. 5,427, entitled: A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATION OF FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE YEAR 1975 -76; AND FOR OTHER PURPOSES; and the Resolution was read in full, followed by a lengthy discussion which centered upon the allocation of a portion of the funds for a Neighborhood Service Program. Director Bussey questioned the selection of the Broadway neighborhood for this program, stating that it was his opinion that various other neighbor- ' hoods were more appropriate subjects for this project. He also expressed his opposition to the absence of any control by the City over this project, or the selection of its personnel. Mr. Nathaniel Hill, Director of the Department of Human Resources, maintained that one of the primary objectives in this OCfOBER-7,,:Ca975, Cont'd. instance was to remove government from such projects, and activate local citizens and private enterprise for the projects. He addedithat areas such as the East`End and John. Barrow were not suitable for this program, as the nature of the program requires that it be, conducted in a middle income neighborhood. A motion was made by Director Bussey to amend.the Resolution to delete for.further study the provision for the Neighborhood Service Program. The motion was seconded by Director Dailey, but failed.to be adopted as a result of the following vote: Ayes - Mayor Wimberly and Director Bussey - total 2; Noes - Directo Keith, Dailey and Linkous = total 3. The Resolution, as originally proposed, was then submitted to a roll call vote and subsequently adopted by the following vote: Ayes - Directors.Keith and Dailey, Mayor Wimberly and Director Linkous - total.4; Noes - None; Abstaining - Director Bussey - total 1; Absent Directors Hollingsworth and. Young - total 2. At this-point, Director�Dailey. expressed his opposition to .the manner.in which certain large.projec are awarded by the drawing of lots. He urged that this method be.abandoned and suggested as an alter- native, that contracts be awarded on-an interview basis, as is the current practice in the selection of architects for various projects. In accordance with the provisions of the foregoing Resolution No. 5, the Board of Directors then proceeded to award street and drainage improvement.contracts in various areas of the_City by lot, as described below; Contract to Hudgins, Thompson, Ball -of Arkansas in the amount of $388,000 for street improvements in the.Stephens School area. Contract to Benham -Blair and Associates in the amount of $500,000 for drainage improvements in.the Oak Forest area. Contract to Thomas.Engineering Company in the amount of $300,000 for drainage improvements in the John Barrow Addition. Contract to Edward.G.-Smith.Associates in the amount of $583,000 for street improvements in the.John.Barrow Addition. Contract to W. William.Graham, Jr., Inc. in the.amount of $88,000 for . street improvements in the Oak Forest area. Contract to Forrest C. Marlar in the amount of $75,000 for street and drainage improvements at War Memorial Park. It was announced by Mayor Wimberly that future contracts would be awarded to the following engineering firms in the order'listed: Large Contracts - Air Maps,,Incorporated, and Mehlburger Engineers Small Contracts - Finley Williams.Engineers Robert Hollowar, Incorporated. Summerlin Associates,.Incorporated Samuel L. Davis Hodges, Vines, Fox, Castlin and Associates. City Attorney Joseph C. Kemp informed the Board at this time that an annexation Ordinance had been prepared, is presently being checked by the Planning Division for'accuracy of the boundaries, and will be submitted to the Board of Directors in the near future. This Ordinance provides for the annexation of 55 square miles contiguous to the eastern, western and southern boundaries of the City. Speaking in the time allotted for Citizens' Communications.was a representative of the Swaggerty Branch area, who urged that the Board give consideration to providing a Community Center for this community.- Mr. Nathaniel Hill, Director of the Department.of Human Resources, advised that there were no provisions at present for such a project, but in the future it was possible for certain funds to be divided and reallocated to include such a project. He also suggested that at a later date funds might. possibly be available to provide transportation for Swaggerty Branch citizens to one of the existing Community Centers. 144 OCTOBER 7, 1975, Cont'd. As there was no further business to be,considered,by.the Board of,Directors, upon motion of_, ,. Director Keith,_seconded , by Director Dailey, and by unanimous vote of. the Board Members present, the meeting was recessed at 8:40 o'clock P. M.. and _scheduled to reconvene on Thursday, October .9, 1975 at 2:30 o'clock P. M.. ATTEST: - APPROVED:^ V City Clerk Mayor el Board of Directors Chamber Little Rock, Arkansas October 9, 1975 - 2:30 P. M. The Board of Directors of the City of-Little Rock, Arkansas met'in reconvened session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Hussey, Hollingsworth and Young - total 6; Absent - None. A quorum was therefore declared, and the meeting proceeded as herein described: There was.presented Ordinance No. 13,098, entitled: AN ORDINANCE ANNEXING TO THE CITY OF LITTLE ROCK, ARKANSAS, CERTAIN LANDS SITUATED IN PULASKI COUNTY, ARKANSAS,.WHICH ARE,CONTIGUOUS AND ADJACENT TO THE CITY OF LITTLE ROCK; AUTHORIZING AND DIRECTING THE SUBMISSION OF.THE QUESTION OF SAID ANNEXATION TO THE QUALIFIED ELECTORS OF THE CITY OF LITTLE ROCK AND THE AREA TO BE ANNEXED AT A SPECIAL ELECTION FOR SUCH PURPOSE TO BE HELD NOVEMBER 13, 1975; DIRECTING THE CITY OFFICIALS TO TAKE ANY AND ALL OTHER ACTION NECESSARY TO ACCOMPLISH SAID ANNEXATION; PROVIDING A SCHEDULE OF SERVICES THAT WILL BE EXTENDED TO THE ANNEXED AREA WITHIN THREE (3) YEARS AFTER THE DATE THE ANNEXATION BECOMES FINAL; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Keith, seconded by Director Dailey, and unanimously adopted by members of the Board of Directors present, being.seven in number and two- thirds or more of the members of the Board of Directors-elect., A second reading of the Ordinance.ensued, followed by a m. subsequent motion from Director Young,.seconded by Director Bussey, for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the.Ordinance.' The resulting Aye and No Vote taken on the passage of the.Ordinance.is recorded as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 6 of the foregoing Ordinance was then read and submitted to a roll call vote which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Clause, was declared passed. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Bussey, and by unanimous vote of the Board Members present, the meeting was adjourned at 2:45 o'clock P. M., to meet again in regular session on Tuesday, October 21, 1975 at 7:30 o'clock P. M. ATTEST: P&I-W 4,l City Clerk APPROVED: Ma' 45 I Board of Directors Chamber Little Rock, Arkansas October 21, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. As there was a quorum in attendance, it was so announced, and the meeting then proceeded as herein described: The Invocation was given by Director Dailey. The reading of the minutes of the previous meeting held on October 7, 1975 and the reconvened meeting held on October 9, 1975 was dispensed with and said minutes were approved as written and summarized to the Board of Directors, upon motion of Director Keith, seconded by Director Linkous, and by unanimous vote of the Board Members present. The meeting began with the reading by Mayor Wimberly of Resolution No. 5,426, adopted by the Board of Directors on October 7, 1975, commending Mrs. Susie Courtney and the members of the Voluntary Annexation League for United Effort (VALUE) for their efforts to bring about the voluntary annexation to the City of Little Rock, Arkansas of a 55- square -mile area contiguous to the east, south and west boundaries of the City. Mrs. Courtney was present and accepted the Resolution from Mayor. Wimberly, who personally expressed the appreciation of the Board for the service rendered by Mrs. Courtney and this organization. Mayor Wimberly then announced the formation of a citizen's annexation campaign committee, entitled. "Little Rock 1980 ", the purpose of which will be to promote the proposed annexation measure slated to appear on the ballot on November 13, 1975; and which, if successful, would annex to the City 55 square miles bordering the City on the east, south and west. Mayor Wimberly announced that he would service as honorary chairman, the six remaining City Directors would service as honorary vice chairmen, with co- chairmen being Mrs. Gloria.Cabe and Mr. Robert M. McHenry. The first item presented from the Official Agenda was Resolution No. 5,428, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS GRANTING PERMISSION TO WITHDRAW THE ASSESSMENT ROLL OF METROCENTRE IMPROVEMENT DISTRICT NO. 1, WHICH WAS FILED WITH THE CITY CLERK ON OCTOBER 8, 1975; and there was a full reading of the Resolution. Prior to the presentation of this Resolution, a letter signed by the members of the Board of Assessors of Metrocentre Improvement District No. 1 was filed with the City Clerk, with the letter stating the Board of Commissioners of the District plan to give further study to the plan of improvement and wish to withdraw the assessment roll filed on October 8th. Support for the Metrocentre concept was expressed by Directors Dailey, Keith, Bussey and Young, who contended in essence that the project was vital to the future of the downtown area, and subsequently vital to the entire City; that restructuring of the plan was.expedient to its success, but that the parking provisions should remain intact. Mr. Edward M. Penick, a Commissioner for the District, advise that the Board of Commissioners was not in any way planning to abandon the concept, but would meet with the objecting property owners, reconsider and restructure the project, and again present it to the Boar of Directors of the City. Resolution 5,428, as described above, was then adopted upon motion of Direct Hollingsworth, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young = total 7; Noes - None; Absent - None. ['J Ll F, OCTOBER,2i; 1975, Cont'd. The following Zoning Petitions, as approved by the Planning Commission, were presented next: Z -607 -A - Petition from Dr. Frederick H. Roy, to rezone 1002 East Ninth Street, described as the South,40 feet of,Lots 5 and 6, and all of Lots 7 and 8 in Block 10, Woodruff's Addition to the,City of Little,Rock, Arkansas, from "D" Apartment and "C" Two- family Districts to "F" Commercial District. 2:2949 - ;'Petition from Mr. S. E. Clippard to rezone 510 North Brookside Drive, described as Proposed Lot 15R, Glenhaven Subdivision to the City of Little Rock, Arkansas, from "E -1 -A" Nursing Home, Lodging and Undertaking District and "A" One- family District to , "E -1 -A" Nursing Home, Lodging and Under- taking District. Z -2943 - Petition from Mr: Lawrence J.. Rogers to rezone a tract of 4.3 acres, more or less, ref to as Tract 3 lying in the proximity of 1600 West Park Drive, and described more explicitly in lengthy legal terminology as shown on.the Petition, from "A" One - family District to "MF 24" Multi- family Distric As there was -no one present who wished to address to the foregoing Petitions, an Ordinance to reclassify the subject properties was placed on first reading. (See Ordinance No. 13,099, as follows) There was presented Ordinance'No. 13,099, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE 'ROCK, ARKANSAS; AMENDING SECTION43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; ARKANSAS; AND FOR OTHER PURPOSES; which Ordinance was read the first time; followed by a motion from Director Bussey to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Hollingsworth, adopted by unanimous vote of the Board Members present, being seven in.number and two - thirds or more of the members of the Board of Directors - elect, and there was a second reading of the Ordinance.' The rules were again suspended to allow for the third and final reading of the Ordinance at this time, by a motion made by Director Bussey, seconded by Director Keith and unanimously, adopted by the Board Members present being seven in number and two- thirds or more of the members of .the Board of Directors- elect. After a third and last reading of the Ordinance, there was a roll call vote taken .on the passage.of the Ordi- nance, which resulted as follows: Ayes - Directors Keith and,Dailey, Mayor. Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None.. The Ordinance was declared. passed. The subject of the next presentation was the proposed rezoning of property located at 100 Barrow Road, initiated by Zoning Petition No. Z- 1113 -A containing a lengthy:legal description of the property. The Petitioner, Weingarten Realty, Incorporated, had requested rezoning of the property from "E -1" Quiet Business District to "F." Commercial District, which, request had been approved•by the Planning Commission at its October 2, 1975 meeting. As there was no one present to speak either for or against the proposed rezoning of the subject property, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,100 below) Ordinance No. 13,100 was presented, with the title being: AN ORDINANCE RECLASSIFYING 100 BARROW ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. A`motion was.then made by Director Hollingsworth,, seconded by Director Dailey, to suspend the rules and place the Ordinance on.its second reading; which motion was unanimously adopted by the Board Members present, being seven.in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time;.after which there was a subsequent motion which again suspended the rules and placed the Ordinance on its third and final reading. The preceding motion was made by Director Keith, seconded by Director Hollings worth, and adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, the ensuing Aye and No Vote taken on the passage of the Ordinance resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7 Noes - None; Absent - None. It was announced that the Ordinance had been sa I OCTOBER 21, 1975, Cont'd. Presented 'next was Zoning Petition No. Z -2941; submitted by Chester A. Phillips, to rezone property located at 6315 Kavanaugh Boulevard, described_as the East 65 feet of Lots 9 through 12 of Block 2; Forest Park Addition, from "A" One- family District to "C" Two- family District. The Petition had been approved by the Planning Commission and there was no one present to oppose the rezoning; therefore, an Ordinance to reclassify this property was placed on first reading. (See Ordinance No. 13,101, as follows) Presented at this time was Ordinance No. 13,101, containing the ;following title: AN ORDINANCE RECLASSIFYING 6315 KAVANAUGH BOULEVARD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES,OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and upon first reading of the Ordinance, there was a motion by Director Hollingsworth to suspend the rules and place the Ordinance on second reading. 'The motion was seconded by Director Dailey, adopted by members of the.-Board of Directors present.,,being seven in number and -two- thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. The rules were again suspended at this point to allow for the third and final reading of the Ordinance by a motion made and seconded by Directors Young and Hollingsworth, respectively, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time; and the ensuing Aye and No Vote taken on the passage of the Ordinance resulted-as herein recorded: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was, therefore, declared passed. Zoning Petition No. Z- 2641 -B of the Mark 4000 Motel, Incorporated, by Mrs. Lynn Nelson, was presented for appeal of the Planning Commission's denial of their rezoning request for property located at 108 South Pine Street, described as Lot-3, Block 3 of the Plateau Addition to the City of Little Rock Arkansas, from "C" Two- family District to "F" Commercial District.. There was.a motion from Director Hollingsworth, which was seconded by Director Bussey, to set November 4, 1975 as the Public Hearing date for this matter. The motion was unanimously adopted by voice vote of the Board members present, and the Zoning Appeal was placed on the calendar for Public Hearing on November 4, 1975 at 7:30 o'clock P. M. Introduced at,this time was Resolution No. 5,429, described as:' A RESOLUTION GRANTING A FRANCHISE; AND FOR OTHER PURPOSES; (Franchise for barricade on the south and.east right -of -way lines of Walpole Drive in the Windamere Subdivision) and the Resolution was read in its entirety. Speaking on behalf of the property owners residing on Terryson Drive and Walpole Drive in the Windamere Subdivision, Attorney William F. Sherman urged the Board to grant the franchise. He stated that this is one of the major subdivisions within the City and according to information he had received, plans have been formulated to establish a commercial area to the south of Walpole Drive. Access to the "commercial area" could be blocked by the granting of a barricade franchise, the cost of which would be assumed by the area residents, and subsequently undesirable aspects such'as increased traffic, noise, etc. anticipated as a result of commercialization could be avoided, Mr. Sherman added. The owner of the subject property, Mr. Paul Morriss advised that he is in the,process of constructing a warehouse on the,site, which is situated outside the corporate limits of the City, and that it is his opinion he has a legal right to remove the barricade. He added that his only alternative would be to construct a 500 -foot street leading to the property. A motion was subsequently made by Director Hollingsworth, and seconded by Director Young, that the Resolution be adopted. The ensuing roll call vote adopted the Resolution as follows: Ayes.- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. 1 t; OCTOBER 21, 1975, Cont'd. A'Financial Statement by James Madigan .and - Company -f or, the'Model Cities Program for a period ending June 30, 1975 was the,next presentation.. Following a motion by Director Hollingsworth, seconded by Director Bussey and unanimously adopted by the Board Members present, the.Financial'Statement-was received and filed. Next presented was -the Quarterly Financial Statement of the City of Little Rock, Arkansas for the period ending September 30, 1975, which was subsequently received and filed by a motion made and by Directors Keith and Bussey, respectively, which was unanimously adopted by the Board Members present. Presented at this point was Ordinance No. •13;102, entitled: AN ORDINANCE APPROPRIATING FUNDS AS THE CITY'S SHARE OF FUNDS TO BE USED BY METROPLAN IN THE OPERATION OF BUDGETED PROJECTS FOR 1975; AND FOR OTHER PURPOSES; (Appropriation of $5,134 from the•unappropriated balance of the General Fund) with the Ordinance being read the second time, having been first read on October 7; 1975. An ensuing motion then suspended the rules,, placing the Ordinance.on its third,and final reading; with the motion having been made by Director Linkous, seconded by Director Young and unanimously adopted by the Board was made that -the-Ordinance had been passed. There was presented Ordinance-No. 13,103, described as: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1975 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR,OTHER PURPOSES; which Ordinance was read the first time; after which there was a motion from Director Hollingsworth, seconded by Director Linkous, to suspend the rules to provide for the second reading of the Ordinance: The motion was adopted by unanimous vote of the members of the,Board of Directors present,:being seven in number and two - thirds or more of the members of the Board of. Directors-elect; and the Ordinance was then read the second,time. The rules were again suspended and the Ordinance placed,on its third and final reading by motion of Director Linkous, seconded by Director. Hollingsworth, which was unanimously• adopted by the Board Members present,.being seven in number and two - thirds or more.of the members of the Board of Directors - elect: The third and last reading of the Ordinance resulted in the.question of the passage of the Ordinance being submitted to an Aye and No Vote, described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7 Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted. at this time, with the vote Being recordedµa's follows: Ayes- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None., The Ordinance, together with the Emergency Section,, was.then declared passed. The next presentation was Resolution No. 5,430, entitled: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF TRAFFIC SUPPLIES AND TRAFFIC CONTROL EQUIPMENT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety; and thereafter adopted upon motion of Director Hollings- worth, seconded by Director Young, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. At.this time, Resolution No. 5,431 was introduced, and described as: A RESOLUTION AMENDING THE CONTRACT BETWEEN THE CITY OF LITTLE ROCK, MODEL CITIES AND GOOD SPIRIT SINGING UNION ECONOMIC DEVELOPMENT CORPORATION; AND FOR OTHER PURPOSES; (Grant of $60,000) Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect., The third and last reading of the,Ordinance led.to an Aye and No Vote on the passage the ' -of Ordinance, which resulted as follows: Ayes - Director Dailey; Mayor Wimberly,,Directors Linkous, Bussey Hollingsworth and Young - total 6; Noes - .Director Keith - total 1; Absent - None. An announcement was made that -the-Ordinance had been passed. There was presented Ordinance-No. 13,103, described as: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1975 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR,OTHER PURPOSES; which Ordinance was read the first time; after which there was a motion from Director Hollingsworth, seconded by Director Linkous, to suspend the rules to provide for the second reading of the Ordinance: The motion was adopted by unanimous vote of the members of the,Board of Directors present,:being seven in number and two - thirds or more of the members of the Board of. Directors-elect; and the Ordinance was then read the second,time. The rules were again suspended and the Ordinance placed,on its third and final reading by motion of Director Linkous, seconded by Director. Hollingsworth, which was unanimously• adopted by the Board Members present,.being seven in number and two - thirds or more.of the members of the Board of Directors - elect: The third and last reading of the Ordinance resulted in the.question of the passage of the Ordinance being submitted to an Aye and No Vote, described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7 Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted. at this time, with the vote Being recordedµa's follows: Ayes- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None., The Ordinance, together with the Emergency Section,, was.then declared passed. The next presentation was Resolution No. 5,430, entitled: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF TRAFFIC SUPPLIES AND TRAFFIC CONTROL EQUIPMENT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety; and thereafter adopted upon motion of Director Hollings- worth, seconded by Director Young, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. At.this time, Resolution No. 5,431 was introduced, and described as: A RESOLUTION AMENDING THE CONTRACT BETWEEN THE CITY OF LITTLE ROCK, MODEL CITIES AND GOOD SPIRIT SINGING UNION ECONOMIC DEVELOPMENT CORPORATION; AND FOR OTHER PURPOSES; (Grant of $60,000) 150 OCTOBER 21, 1975, Cont'd. and said Resolution was.read in.full. There was.a.motion, then made by Director- Keith,,and seconded by Director Bussey, which resulted.in a roll call vote whereby -the Resolution was adopted -as herein. , recorded: Ayes - Director,Keith, Mayor Wimberly,, Directors:Linkous,,Bussey, Hollingsworth and Young -. total 6; Noes - None; Present and Not Voting - Director Dailey - total 1; Absent - None. , Resolution No. 5;432 was the next presentation,.with -the title being: A RESOLUTION PERTAINING TO.THE.SOUTHERN STANDARD MECHANICAL;CODE.OF 1973; AND FOR OTHER PURPOSES; and after a full reading�of the.Resolution, it was announced by City Attorney.Joseph G., Kemp that the Board of Directors would not adopt or give.consideration to adoption at;this time of the Southern Standard Mechanical Code. Mr. Sherman Bremer, a Consulting Engineer who had urged the Board,on several occasions to adopt a mechanical code, was present and restated his position on this issue. Mr.,Bremer stressed the importance, according to his viewpoint, of the necessity for a code establishing install- ation and performance standards for air conditioning,•heating and „ventilating equipment, refrigeration, etc., and states that such.a code would aid in the conservation of energy. Following the discussion, there was.a motion by Director,Hollingsworth,- seconded by.Director Dailey, for adoption of the.Resolutio A roll call was taken,and the resulting vote adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and.Bussey - total 5; .Noes - Direc,tors Hollingswort and Young - total 2;,,Absent.- None. Then presented was Resolution No. 5,433, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AND FILE APPLICATION WITH THE BUREAU OF OUTDOOR RECREATION OF THE UNITED STATES DEPARTMENT OF INTERIOR_FOR A GRANT OF FUNDS TO BE USED -.FOR THE ACQUISITION AND DEVELOPMENT OF PUBLIC PARK LANDS; AND FOR OTHER PURPOSES; (For the acquisition and development of.approximately 25 acres of park lands at 12th,and Cleveland Streets - University Park) with said Resolution being read in its entirety. A motion by Director,Hollingsworth, seconded by Director Bussey, resulted in a roll call vote which adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - -total 7; Noes - None; Absent - None. There was presented Resolution No. 5,434, described as follows: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF PUBLIC HEARING ON AN ORDINANCE FIXING RATES FOR SERVICES,RENDERED BY THE WASTEWATER UTILITY OF THE CITY. OF LITTLE ROCK, ARKANSAS; (Public Hearing designated for 7:30 o'clock P. M., November 4, 1975) and there was a complete reading of the Resolution, which was thereafter adopted upon motion of Director Young, seconded by Director Hollingsworth, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Resolution No. 5,435 was presented; entitled: A RESOLUTION DISCONTINUING THE SOLID WASTE SERVICES PROVIDED BY THE CITY OF LITTLE ROCK TO COMMERCIAL USERS; AND FOR OTHER PURPOSES; (Effective January 1, 1976) and after a full reading of the Resolution, there was a motion by Director Hollingsworth, seconded by Director Bussey, for adoption of the Resolution. A roll call was taken and the Resolution was sub- sequently adopted by the following vote Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The final item of the Official.Agenda, being Ordinance No. 13,104, was presented and contained the following title: 1 OCTOBER 21, 1975, Cont'd. AN ORDINANCE AMENDING SECTION 23 -3.8 OF THE CODE OF ORDINANCES PERTAINING TO TAXICAB TRIPS ORIGINATING AT THE LITTLE ROCK MUNICIPAL AIRPORT; AND FOR OTHER PURPOSES; (Rate for trips originating at Airport and terminating at points within Zone 1: $3.00 for ' one passenger and $1.00 for each additional passenger) with the Ordinance being read the first time.. Director!Young announced'at this time'that he would abst� from any vote on this item due to a conflict of interests. The rules. were then suspended and the.Ordi- nance was placed on its second reading by a motion made by Director Bussey, seconded by Director Keith, and adopted by unanimous vote of the Board members present, with the exception of one abstention by Director Young. The Ordinance was read the second time, followed by a.subsequent motion again made and seconded by Directors Bussey and Keith; respectively, to suspend the rules to allow for the third and final reading of the Ordinance at this time. The motion was then adopted. by a.vote of Six Ayes and One Abstention by Director Young; after which the Ordinance was read the third and last time. The question of the passage of the Ordinance was then submitted to an Aye and No Vote, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - .total 5; Noes - Director Bussey - total l; Abstaining - Director. Young - total 1; Absent - None.. Accordingly, the Ordinance was declared passed. ' Mayor Wimberly announced at -this time that -there was.a request not included on the Official Agenda for a $7,000 Grant by the City of Little Rock, to the Legal Aid Bureau, which combined with requested funds from Pulaski County and the City of North Little Rock, would qualify the Legal.Aid Bureau for Federal funding in the amount`of °$42,000... A suggestion was'made'by Director Hollingsworth that the matter be referred to the City Manager to examine the possibilities of working out a pro -rata agreement with the:County and'North Little Rock concerning such,funding. - A,motion'was then made by.- Director Keith seconded by Director Dailey, "that we fund the Legal Aid Bureau in the amount-of $7,000, concurrent with a $20,000 contribution from Pulaski County." Director Keith explained the basis of the motion to be,for the purpose of reviewing the program and developing a "feedback." A divergent viewpoint was expressed by Director Hollingsworth, who stated there should be a'coordination,of.efforts and pointed out -there wa no assurance that the County would consider cooperating with the City on such a matter. Upon questionin Mr. Howard Martin, Director of the Legal Aid .Bureau advised Director Linkous that this would be a "one- time grant appropriation" and would be for -one year.only; and Director Linkous subsequently requested that a roll call be taken on the question-of whether or not this matter would be considered at this time.! The ensuing roll call resulted as, follows: -Ayes - Directors Keith, Linkous, Bussey, Hollings- worth and'Young - total 5; Noes Director Dailey and Mayor Wimberly = total 2. Accordingly, the subject was discussed at length, beginning with a comment by "City Manager'Carleton McMullin that-the viability. -of.. -the Legal Aid Program -in-the community had not beenwexamined'by the staff. .Mr- McMullin . stated that the availability of $7,000 as.a.surplus does not exist at the present time; however, he added that it was the general belief that "under- runs" in the budget prior to the end of the year would provide a source for a $7,000 grant. Director Dailey concurred with Director Hollingsworth that the City's position would be. better if there was a definite commitment from the County and North Little_Rock and consequently stated that until such time as there was a commitment; discussion by the Board on this subject was premature. The position was expressed by Mayor Wimberly that "there are many projects which are good, but the City cannot fund them all." At this point, an alternate.motion and an amendment were proposed as follows: Alternate Motion by Director Linkous, seconded by Director Bussey - "To exclude the conditional payment of $10,000 from the County; and that the Board of Directors authorize the expenditure of $7,000 to-the Legal Aid. Bureau." Amendment to alternate motion, made by Director Hollingsworth,.seconded by Director Bussey - "That $7,000 be appropriated from the unencumbered balance of the General Fund for this purpose." Both of the foregoing motions were adopted by roll call votes, with the first roll call taken on the Alternate Motion described as follows: Ayes - Directors Linkous, Bussey, Hollingsworth and Young - 152 OCTOBER 21, 1975, Cont'd. total 4; Noes - Directors Keith and Dailey, and Mayor Wimberly - total 3; Absent - None. The sub- sequent roll call, taken on the Amendment to the AZternate Motion resulted as follows: Ayes Directors Keith, Dailey, Linkous, Bussey, Hollingsworth. and Young - total 6; Noes - Mayor Wimberly - total 1; Absent - .None. Accordingly, an Ordinance in compliance with the foregoing action was placed on first reading. (See proposed Ordinance, as follows) A proposed Ordinance was presented, entitled: AN ORDINANCE APPROPRIATING THE SUM OF $7,000.00 FROM THE UNAPPROPRIATED BALANCE OF,THE GENERAL FUND PAYABLE TO THE LEGAL AID BUREAU; AND FOR OTHER PURPOSES; and there was a first reading of the,Ordinance. A motion was, then made.by Director Hollingsworth, seconded by Director Linkous, to suspend the rules..and place the Ordinance on its second reading. The motion was then submitted to a roll call vote which failed to be adopted, as herein described: Ayes - Directors Linkous, Bussey, Hollingsworth and .Young - total 4; Noes - Directors Keitfi,,�and Dailey, and Mayor Wimberly - total 3. ,Therefore, the Ordinance was placed on the,calendar.for second reading on November 4, 1975. A proposed Resolution was then presented and read by Director Bussey, with the title being: A RESOLUTION ESTABLISHING THE PROCEDURE FOR NOMINATION OF PERSONS FOR APPOINTMENT TO BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; and a discussion ensued on-this Resolution, the contents of which provided that nominations be made in open official meetings of the Board of Directors. Directors Linkous and Dailey took issue with the Resolution, stating that it would be restrictive, limit. freedom of discussion, and would place the Board in a disadvantageous position when considering various nominations. Director Hollingsworth contended that, inasmuch as the Resolution.was not on the Official Agenda, -the matter should be taken up in the Agenda Meeting of October 29, 1975. Director.Young then made a motion, seconded by Director Keith, "that action on the Resolution be deferred until the next meeting "; and the motion resulted in deferral of the Resolution until the Board of Directors meeting of November 4, 1975. It was then requested by Director Hollingsworth that the.matter of .the Affirmative Action.Program be placed on the Agenda for the November 4, 1975 meeting of the Board of Directors; and by general agreement of the Board Members present; this matter was placed on the calendar as requested. As there was no further business to be presented or to come.before the Board of Directors, upon motion of Director Bussey, seconded by Director Hollingsworth, and by unanimous vote.of the Board Members present,, the meeting was adjourned.at 9:20 o'clock P. M. to meet'again in regular session on Tuesday, November 4, 1975 at 7:30 o'clock P. M. ATTEST: APPROVED: City Clerk Mayor TO 153 Board of Directors Chamber Little Rock, Arkansas November.4,1975'- 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech,.City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Hollingsworth - total 5;. Absent - Director Young - total.l. A quorum was declared present,.and the meeting then proceeded as herein described:. The The Invocation was given by Director Linkous. The first presentation from the Official Agenda was a series of "Consent" items, described as follows: (a) The Minutes of the previous meeting held on October 21, 1975. (b) The Zoning Appeal by Benjamin C. McMinn for George Faulkner of the Planning Commission's denial on October.2, 1975 of the.Zoning Petition No..Z -2948 to.rezone property located at 1701 North Mississippi, described as Lots 14 and15, Block 4,. Riffel and Rhoton';s Forest -.Park Highlands Addition, from "A" One- family District to "C" Two- family District. (c) The preliminary operating budget for 1976 of the Little Rock Municipal Airport Commission: (d) The Report prepared in response to a Petition for physical improvements within the Airport Community. - - (e) Resolution No. 5,436, entitled: A RESOLUTION ACCEPTING A DEDICATION DEED TO LANDS TO BE USED FOR PARK PURPOSES; AND.FOR OTHER PURPOSES. (Deed from Paul D. Morriss, Jr. and Patricia A. Morriss to' a.parcel of land adjacent-to Hindman Park) (f) Resolution No. 5,437, entitled: RESOLUTION EXPRESSING THE BOARD OF DIRECTORS' APPRECIATION FOR SERVICES RENDERED BY J. TAP HORNOR AS A MEMBER OF THE LITTLE ROCK SANITARY SEWER COMMITTEE; AND-FOR OTHER PURPOSES. - By a roZZ call vote, with all Board members present voting Aye, the following action was taken -on the-, foregoing consent items: (a) The minutes were approved as written and su mnarized; (b) The Zoning- Appeal regarding the property at 1701 North Mississippi Street was approved for Public Hearing on November 18, Z975 at 7:30 o'clock P. M.; (c) The 1976 preliminary operating budget of the Municipal Airport Commission was received and filed; (d) The report concerning physical improvements within the Airport Community was received and filed; (e) Resolution No. 5,436 was read in full and adopted; and Cf) Resolution No. 5,437 was read in full and adopted. The next presentation was the Zoning Appeal of Attorney John Walker for MARK 4000 Motel, Inc., of the Planning Commission's denial of Zoning Petition.No. Z- 2641 -B on- October 2, 1975 to rezone property located at 108 South Pine Street, described-as Lot 3, Block 3, Plateau Addition to the City of Little Rock, from "C" Two- family District to "F" Commercial District. As ,a Public Hearing had been scheduled for this time and place, with notification receipts to the surrounding property owners having been duly filed with the City Clerk as required by Ordinance,.Mayor Wimberly declared the Public Hearing to be open. Attorney Walker began by explaining that the owner of the property,,Mr. George Bilheimer, wished the property rezoned to accommodate an existing parking lot which he had constructed to serve the guests of the MARK 4000 Motel, which is adjacent to and west of the subject property. The focal point of opposition was described by Mr. Walker as being a single - family residential dwelling situated directly ' between the lot in question and an additional parking lot on the southwest corner of Markham and Pine Streets, which currently serves this motel. Mr. Walker argued that the Board's denial in "recent'years to allow the use of this parking lot constituted the "taking of property without compensation" and was inconsistent with the changing character of the area. Outlining the Staff's position, Mr. Don R. Venhaus NOVEMBER 4, 1975, Cont'd. Director of the Community Development Department, contended that the only change to the neighborhood was that the subject'property was willfully used as a parking lot in violation of the,zoning ordinance and without the consent of the City, ,despite several violation notices by the City and numerous denials by the Board of Adjustment and the Planning Commission. The violation continued to a,point where the City , had no choice but to barricade the property for the protection of the residents of the.area, Mr. Venhaus stated. Mr. Venhaus further added that to rezone this property to "F ".would permit the penetration of commercial entities into a residential neighborhood; and to deny this Petition would not be inconsistent with the zoning pattern, as the existing commercial properties in the vicinity are all located adjacent to Markham Street which is a heavily traveled arterial street. Two residents of the ,subject block spoke in opposition, urging the Board to deny the Petition and describing the area as a neighborhood of retired people.- After considerable discussion, the Public Hearing was declared closed and a motion was made by Director Hollingsworth, seconded by Director Dailey, to delay further consideration of the matter until such time as all Board Members could be.present. The motion however, failed to be adopted when submitted to a roll call vote, described as follows: Ayes - Directors Dailey and Hollingsworth - total 2; Noes - _ Director Keith, Mayor Wimberly, Directors Linkous and Bussey - total 4; Absent - Director Young - total I Accordingly, a proposed Ordinance to reclassify the,property at 108 South Pine Street was placed on first reading. (See proposed Ordinance, as follows) ' There was presented a proposed Ordinance, described as: I AN ORDINANCE RECLASSIFYING 108 SOUTH PINE STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES.OF THE CITY OF- LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance, followed by a motion from Director Hollingsworth "to rezone 108 South Pine Street to "F" Commercial District, with a covenant running with the land that it only be used for parking ". The motion was seconded by Director.Dailey and subsequently defeated when submitted to a roll call vote, described as follows: Ayes - Director Hollingsworth - total 1; Noes - Directors Keith and Dailey,.Mayor Wimberly, Directors Linkous and Bussey - total 5; Absent - Director Young - total 1. The rules were then suspended and the Ordinance placed on.its second reading.by a motio�I made by Director Bussey, seconded by Director Keith, and unanimously adopted by the.Board members present; being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; after which a motion was made and seconded by Directors Bussey and Linkous, respectively, to again suspend the rules and place the Ordinance on its third and final reading. ' The motion was adopted by unanimous vote of the Board members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No roll call vote taken on the passage of the Ordinance is described as follows: Ayes - None; Noes - Directors..Keith.and Daileyi Mayor Wimberly, Directors.Linkous and Bussey - total 5; Abstaining - Director Hollingsworth.- total 1; Absent - Director. Young , total 1. It was announced that the Ordinance had failed to pass. Presented at this time was Ordinance No. 13,105, entitled: AN ORDINANCE AMENDING SECTION 43 -22 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion.from Director.Keith to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Dailey and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, followed by an ensuing motion that.the rules again be suspended to allow for the third and final reading of the Ordinance at this time; with the motion being made by Director Keith,.again seconded by Director Dailey, I and adopted,by unanimous vote of the Board members present,.being six in number and two - thirds or more of the.members of the.Board of Directors - elect. The Ordinance was then read the third and last time; L5 in NOVEMBER 4 1975, Cont'd. after which there was an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Directors.Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Young - total 1. It was announced that the Ordinance had ' passed. Ordinance No. 13,106 was introduced at this time, with the title being: AN ORDINANCE AMENDING SECTION 43 -4 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE DELETION OF SUB- SECTIONS (4) AND (5) AND THEIR INCLUSION IN SUBSECTION 43 -5; AND FOR OTHER PURPOSES; which-Ordinance was read the first time.. The rules were suspended at this time to allow -for the second reading of the Ordinance by a motion made by Director Dailey, seconded by Director Keith and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; after which there was a motion from Director ,Keith to further suspend the rules and place the.Ordinance on its third.and final reading. The motion received.a second from Director Dailey and unanimous adoption by t Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, there was an ensuing Aye and No Vote taken on the passage of.the Ordinance which resulted,as herein recorded: Ayes - Directors Keith and Dailey, Mayor Wimberly, ' Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - :total.l. The Ordinance was declared passed. Again presented was.a proposed Ordinance, described-as: I AN ORDINANCE APPROPRIATING $7,000.00 FOR PAYMENT TO THE LEGAL AID BUREAU OF- PULASKI COUNTY,_ ARKANSAS; AND FOR-OTHER PURPOSES; with the Ordinance being read,the second time, having been first.read on October.21, 1975. There was a motion by Director Dailey, seconded by Director Hollingsworth,. to defer this matter until the -next meeting due,to the absence of Director Young; which motion failed.to be adopted by a roll call vote described as follows: Ayes - Director Dailey - total 1; Noes - Director Keith, Mayor Wimberly, Director Linkous and Bussey -total 4; Abstaining - Director Hollingsworth - total 1; Absent - Director Young - total 1. A motion was then made by Director Bussey, and seconded by Director Dailey „ to suspend the rules to allow for the third and final reading of-the Ordinance. A roll-.call was takemand the motion failed by.the: following vote:* Ayes - Director:Keith,•.,Mayor Wimberly and Director Bussey - total 3; Noes - _Directors Dailey and Linkous,— total 2; Abstaining - Director Hollingsworth - total l; Absent - Director Young — total 1. Accordingly, the Ordinance was left on the calendar for third reading on November 18, 1975. Then presented was a proposed Resolution; with the,title being: A RESOLUTION ALLOCATING FUNDS FOR.THE- SECOND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS; AND FOR OTHER PURPOSES; and there was a full reading of the-,Resolution. Director Linkouscommented at this time that although he had studied thiscmatter ati.length,,he was unprepared: to. vote on the matter.at present; and he then made a- motion, "that this item be.deZayed for-two: weeks and that the Board have a work session to'expZore aZZ the ramifications of the expenditure of.this money." :The motion was then seconded by Director Bussey.' A request was then made.by Mrs. Thelma.Timms as a member..of the Airport Community.-for improve- ments to that area. She stated that this community was included in the Model:Neighborhood, but -had been excluded from federal fundvallotments for improvements. In response, Mr. Nathaniel Hill:, Director of the Department of Human Resources; stated that for some -time this area was considered•for� airport expansion; ' however, it is no longer.under consideration-in this respect,-and;improvements -are scheduled for four, streets in this area in 1976. Another citizen requested that elderly persons living on Social Security who cannot afford necessary repairs to their homes be considered for aid in allocation of these. - funds. Speaking for the.Arkansas Community Organization for Reform Now (ACORN'), Mrs. Ruby Wilkerson suggested that the Board let citizens in the community have a hand in making decisions as to how the Community I✓ ��� NOVEMBER 4, 1975, Cont'd. Development money is to be spent. A vote was.then taken on Director Linkous' motion to defer this subject until a later date, and the resulting vote is described as follows: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous and Bussey - total 4; Noes - Director Keith - total l; Abstaining - Director Hollingsworth - total 1; Absent - Director Young - total 1. Accordingly, the proposed Resolution was placed on the calendar for further consideration on November 18, 1975. The next presentation was Ordinance No. 13;107, entitled: AN ORDINANCE AWARDING A CONTRACT FOR THE REPAIR OF A TD -25C BULLDOZER AT THE LITTLE ROCK LANDFILL; WAIVING COMPETITIVE BIDDING; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; (Contract to Little Rock Road Machinery Company, at a price not to exceed $9,500.00) I with there being a first reading of the Ordinance. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Linkous, seconded by Director Dailey and adopted by the.following roll call vote: Ayes - Directors Keith and Dailey; Mayor Wimberly, Directors, Linkous, Bussey, Hollingsworth and Young - total.6; Noes - None; Absent.- .Director Young - total 1. The Ordinance was then read the second time, and an ensuing motion was made by Director Bussey, seconded by Director Linkous to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a unanimous roll call vote of the.Directors present, being.six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was therefore.read ' the third and last time. The passage of the Ordinance was then submitted to an Aye and No roll call vote, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Busseyl and Hollingsworth - total,6; Noes - None; Absent - Director Young - total 1. The Ordinance was then declared passed. At this point, Ordinance No. 13,108 was introduced, and entitled:' AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR AND RECEIVE LEAA GRANT FUNDS FOR THE THIRD YEAR FUNDING-OF A CRIME ANALYST POSITION WITH THE LITTLE ROCK POLICE DEPARTMENT; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; (Appropriating City's share of $5,592) with said Ordinance being read the first time; after which there was a motion by Director Linkous, seconded by Director Keith, for a,suspension of the rules to provide for the second reading of the Ordinance at this time. The motion was adopted by a unanimous roll call vote of the - Directors present, being six in number and two - thirds or more of the members of the Board of Directors- elect;,whereupon, , the Ordinance was read the second time. There was a subsequent motion by Director Bussey, seconded by Director Keith, for a further suspension of the rules and the placing of the Ordinance on its third and final reading; with the,motion being adopted by a roll call vote of Six Ayes and One.Absent (Director I Young). The third and last reading of the Ordinance was followed by an Aye and No Vote taken on.the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth.- total 6; Noes - None; Absent - Director.Young - total 1. Accordingly, there was an announcement by Mayor Wimberly that the Ordinance had been passed. The next item presented for consideration was.Resolution No. 5,438, with the title being: A RESOLUTION GRANTING A FRANCHISE; AND FOR OTHER PURPOSES; (Franchise to Jimmy Miller, 8715 Old Spanish Trail, to extend a.retaining wall) with the Resolution being read in its entirety and - subsequently adopted by amotion made by Director I Keith,_ seconded by Director Linkous, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - total 5; Noes - None; Abstaining - Director Hollingsworth - total 1; Absent - Director Young - total 1. , Resolution No. 5,439 was presented, and entitled: A RESOLUTION APPROVING PLANS FOR STREET AND DRAINAGE WORK FOR THE JOHN BARROW AREA; AND FOR OTHER PURPOSES; and said Resolution was read in full. There was a motion then made by Director Bussey, seconded by i II NOVEMBER 4, 1975, Cont'd. Director Linkous, that the Resolution be adopted:. A roll call was taken whereby the Resolution was adopted by the following vote:. Ayes - Directors -Keith and.Dailey, Mayor Wimberly, Directors Linkous,, ' Bussey and Hollingsworth - total 6; Noes - None; Absent:- Director Young.-'.total 1. As a_ Public Hearing had been scheduled for this time and place by Resolution No. 5,434 for the i purpose of hearing arguments and comments- pertaining'to the fixing of rates for services rendered by the Little Rock Wastewater Utility, -the Public Hearing was declared open and all persons7wishing to address to this issue were invited to come forward and be heard at this time. 'Mrs. Octavia Dooley was in- attendance and expressed her opposition to any proposed increase in utility rates. There was no further discussion of this 'subject; therefore, the Public Hearing was declared closed and a related Ordinance was placed on first reading. (See Ordinance No. 13,109, as follows) Therewas_ presented Ordinance No. 13,109, described as: - - u AN ORDINANCE FIXING RATES FOR SERVICES RENDERED BY THE WASTEWATER UTILITY OF.THE CITY OF LITTLE ROCK, ARKANSAS; AND PRESCRIBING OTHER MATTERS RELATING THERETO; which Ordinance was then read the,first time. The rules were then suspended and the Ordinance placed. on its second reading by a motion made by Director Bussey, .seconded ' by Director Dailey, and unanimously adopted by a roll call vote of the six Directors present; and a second reading of the Ordinance ensued. A motion was then made by Director Linkous and seconded by Director Dailey, which again suspended the rules to allow for the third and final reading of the Ordinance; which motion was adopted by- unanimous roll call vote of the Board Members present, being six in number and two- thirds,or more of the members of the Board of Directors - elect. The Ordinance was then read the,third and last time; after which there was an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Director Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. The emergency clause contained in.Section 8 of the foregoing Ordinance was then read -and adopted' by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous,' Bussey and Hollingsworth - total 6; Noes.- None; Absent - Director Young -.total-1. It was then announced that the Ordinance, together with the Emergency Section had been passed. At this time, Resolution No. 5,440 was presented, with the title being:. A proposed Resolution was presented at this time, with,the title,being: A RESOLUTION ESTABLISHING THE.PROCEDURE FOR NOMINATION OF PERSONS FOR APPOINTMENT TO BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Bussey that the,Resolution be adopted. The motion was seconded by Director Hollingsworth,,but failed to be adopted by a roll call vote described as follows: Ayes - Directors Bussey and Hollingsworth- total_2; Noes.- Directors Keith and Dailey, Mayor Wimberly and .-Director Linkous - total.4; Absent - Director Young - total,l. The next presentation was Resolution No., 5,441, entitled: A RESOLUTION REPEALING RESOLUTION OF THE BOARD•AF DIRECTORS NO. 5,424, ADOPTED OCTOBER-7, 1975; ' AND FOR OTHER PURPOSES; (Pertaining to proposed Rodney Parham Road Improvement District) with said Resolution being read in its entirety. A motion by Director Keith, seconded by Director Dailey, led to A RESOLUTION AUTHORIZING UNIFORM FIREFIGHTERS TO EXECUTE AN AGREEMENT FOR HOSPITALIZATION INSURANCE ' and FOR ALL UNIFORMED FIREFIGHTERS; Mayor Wimberly, Directors Linkous and Bussey - total 5; Noes - Director Hollingsworth - and there was a complete reading of the,Resolution, followed by a motion from Director Dailey, seconded by Director Linkous, for adoption of the Resolution. A roll call was taken on the motion and the result ing vote adopted the Resolution as herein recorded,, Ayes,- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey.and Hollingsworth - total 6; Noes - None; Absent - Director Young - total.l. A proposed Resolution was presented at this time, with,the title,being: A RESOLUTION ESTABLISHING THE.PROCEDURE FOR NOMINATION OF PERSONS FOR APPOINTMENT TO BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Bussey that the,Resolution be adopted. The motion was seconded by Director Hollingsworth,,but failed to be adopted by a roll call vote described as follows: Ayes - Directors Bussey and Hollingsworth- total_2; Noes.- Directors Keith and Dailey, Mayor Wimberly and .-Director Linkous - total.4; Absent - Director Young - total,l. The next presentation was Resolution No., 5,441, entitled: A RESOLUTION REPEALING RESOLUTION OF THE BOARD•AF DIRECTORS NO. 5,424, ADOPTED OCTOBER-7, 1975; ' AND FOR OTHER PURPOSES; (Pertaining to proposed Rodney Parham Road Improvement District) with said Resolution being read in its entirety. A motion by Director Keith, seconded by Director Dailey, led to the Resolution's adoption by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - total 5; Noes - Director Hollingsworth - total 1 5r NOVEMBER 4, 1975, Cont'd. Absent - Director Young - total 1. Director Hollingsworth made a statement.at this time expressing opposition to the procedure by which the Board rescinded this Resolution and added that the Board should "give as much forethought to withdrawing the endorsement as it did in giving it." There was presented Resolution No. 5,442, containing the following title: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK HOUSING AUTHORITY; (Appointment of Mr. Lou,Hoffman) with there being a full reading of the Resolution; after which there was.a.motion by Director Bussey, seconded by Director Linkous,'for adoption of the Resolution. A roll call vote was then taken and the Resolution was adopted ` as -follows: Ayes— Directors Keith and Dailey, Mayor Wimberly, Directors Linkous Bussey, and Hollingsworth - total 6; Noes - None; Absent - Director Young - .total 1. The final item presented for consideration was Resolution No. 5,443, described as: A RESOLUTION MAKING APPOINTMENTS OF THE CITY OF LITTLE ROCK'S REPRESENTATIVES TO THE MANPOWER PLANNING (ADVISORY) COUNCIL; AND FOR OTHER PURPOSES; (Father J. R. Savary, Mr. J. R. Rodgers, Mr. Marquis E. Jones, Mrs. Jeane Lambie, Mr. Werner C. Knoop, Mr. James A. Burch, Mrs. Cora McHenry and Mr. George Johnson) which Resolution was read in full and subsequently adopted by motion of Director Bussey, seconded by Director Linkous, and by the following roll call vote: Ayes - Directors Keith and,Dailey, Mayor Wimberly, Directors Linkous, Bussey and.Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. Under the time allotted for Citizens' Communications, Mrs. Cora Traylor requested the Subdivision 4 be considered for certain improvements in the.delegation of Community Development funds. In response,, Mr. Nathaniel Hill stated that funds were delegated in a large part upon citizens' participation and in. this subdivision, which is within the Model Neighborhood, there had been little.participation. He added, however, that this area would be considered for future improvements. There being no further business to be presented or to come before the meeting, upon motion of Director Bussey, seconded by Director Linkous, and by unanimous.vote of the Board Members present, the meeting was adjourned at'9:50 o'clock P. M., to meet again in regular session on Tuesday, November 18, 1975 at 7:30 o'clock P. M. ATTEST: y� 444e_____ City Clerk APPROVED: ikLl� Mayor 1 1 Board of Directors Chamber Little.Rock, Arkansas November 18,1975 - 7:30 P. M. The Board.of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly'presiding and Jane Czech, City Clerk, and the following Directors present:, Directors Keith; Dailey, Linkous, Bussey, Hollingsworth and Young-- total 6; Absent - None. There being a quorum in attendance, it was so announced, and the following proceedings occurred:' The Invocation was given by Mayor Wimberly. Presented first from the Official Agenda were the Consent. Items, described as follows: (a) The Minutes of the previous meeting held on November 4, 1975. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of September, 1975. (c) The Report of Commissioners of the Twin.Lakes Recreational Area Improvement District No. 1. (d) Resolution No. 5,444, entitled: A RESOLUTION- ELECTING ASSESSORS FOR TWIN LAKES RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 1. -. (e) Resolution No. 5,445, entitled: A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1976; AND FOR OTHER PURPOSES. (f) Resolution No. 5,446, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE AN OPTION TO PURCHASE AN INTERNATIONAL HARVESTER 442 SCRAPER; AND FOR OTHER PURPOSES:. (To be purchased on January 8, 1976 at a purchase price of $52,400) By a roll call vote, with all Board Members present voting Aye, the following action was taken on the foregoing Consent items: (a) The Minutes were approved as written and summarized; (b) The Comparative Statement was received and fileds (c) The Report of Commissioners.was received and filed; (d) No. 5,444 was read and adopted; (e) Resolution No. 5,445 was read and adopted; and,(f) Resolution No. 5,446 was read and adopted. The next presentation consisted of a series of Zoning Petitions, approved by the Planning and described as follows: Z -2952 - Petition from P. D. Huff by Rebecca H. Arellanes to rezone 3005 Asher - Avenue and 2324 Booker Street, described -as Lots ,l and 2, Block 2,,C. E. Gallagher's Addition to the City of Little Rock, Arkansas, from "C " ;Two- family District to "E -1" Quiet Business. District. .. Z -2954 Petition.from Marion. E. Buie._to rezone'215 and -217 North Summit Street, described as Lot 4 of.the Selam Replat of the,East'141 feet'of:Block 9, Worthen's Subdivision of the City of Little Rock, Arkansas, from "C" Two- family District to "D" Apartment District. Z -2960 - Petition from John-D. Toney, Jr., Trustee, to rezone 7010.Geyer Springs Road, described as the West 486.4 feet of the North 75 feet -of Tract 3, and all of Tract 2, with the exception of the North 170 feet of the East,306.,7 feet thereof, all in the Home Acres Addition to the City of Little Rock, Arkansas; from "A" One- family District to "I" Light Industrial District. Z -2962 - •Petition from Margaret.Ann Graves to rezone 3415 West Capitol Avenue, described as the West one -third of Lots 1, 2 & 3, all of Lot 4, Block 2 of Kimball and Bodeman's Addition to the City of Little Rock -, Arkansas, from "B" Residence District to "C" Two - family - District. There,being no one present to speak.either for or against the foregoing Petitions, a proposed Ordinance;to reclassify.these properties was.placed on first reading. (See Ordinance No. 13,110, as follows):_ I I NOVEMBER 18. 1975. Cont'd. There was presented Ordinance No. 13,110, described as: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and upon first reading of the Ordinance, there.was a motion by Director Hollingsworth, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present,'being seven in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended to allow for the,third and final reading of the Ordinance at this time, by a motion made and seconded by Directors Linkous and Dailey, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the.Ordinance resulted in the taking of an Aye and No Vote on the passage of the Ordinance; recorded as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly,, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordi- nance was declared passed. Presented at this time was.Zoning Petition No. Z -2953, submitted by the Markham Street Baptist Church, to rezone 9716 West Markham Street, described as the East 100 feet of the West 210 feet of Block 47 and the West 60 feet of-,the East 120 feet of Block 47, Santa Fe Park Addition to the City of Little,Rock, Arkansas, from "A" One- family District to "E -1" Quiet Business District. The Petition had received the approval of the Planning Commission on November 6, 1975 and there was no one present to. oppose the rezoning of the subject property; therefore, a proposed Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,111, below) Ordinance No. 13,111 was presented, with the title being: AN ORDINANCE RECLASSIFYING 9716 WEST MARKHAM STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,.ARKANSAS; AND FOR OTHER PURPOSES; which Ordinance was then read the first time. There was a motion then made by Director,Hollingsworth, seconded by Director Dailey'and unanimously adopted'by the.Board members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, whereby.the rules were suspended and the Ordinance placed on its second reading. There was a second reading of the.Ordinance; after which a subsequent motion was.made by Director Hollingsworth,,seconded by Director Young, to again suspend the rules to provide for the third and final reading of the Ordinance. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more,of the members of the Board of Directors- elect, and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey, Hollingsworth and Young - total,6;- Noes - None; Abstaining - Director Linkous - total 1; Absent - None. Director Linkous explained his abstain- ing vote as being due to a conflict of interests. At this time, it was announced that the Ordinance had passed. Again presented was the Zoning Appeal (Z -2948) of George Faulkner, to appeal the Planning denial of his request to rezone 1701 North Mississippi Street, described as Lots 14 and 15 of Riffel and Rhoton's Forest Park Highlands Addition to the City of Little,Rock, Arkansas, from "A" One- family Distri to "C" Two - family District. As a Public Hearing had been designated for this time and place, with notification receipts to those within the immediate proximity of the subject property having been duly filed with the City Clerk, Mayor Wimberly declared the.Public Hearing to be open. Spokesman for the opposing property owners in the area was Mr. R. Redding Stevenson, who stated that the proposed usage of the subject property as an "after school child care service" was not objectionable to the residents. He added, however, that they did object to the overall implications of the proposed rezoning on the basis that it would lead to further commercialization and destroy the residential character of the neighbor- hood. Mr. M. E. McGahan of 7603 Ohio Street contended that a "chain reaction" would result from a s 1 7 1 NOVEMBER 18, 1975, Cont'd. variance of the zoning pattern of the area. The attorney for the Petitioner, Mr. Ben C. McMinn, stated that there were.presently fifteen lots in the block'in.question which are zone "C" Two - family, -and the ' granting of this zoning request as approved-by the Planning Commission would enable him to appear before the Board of Adjustment and request a variance to accommodate the usage.of this property for child care purposes. A map was displayed which set out the zoning pattern of the neighborhood, and Mr. Don R. Venhaus, Director of the,Department of Community Development, explained that the action of the Board of Directors would not commit the Board of Adjustment to grant the desired variance. The Public Hearing 1 was then declared closed, and an Ordinance to reclassify the subject property was placed on first read (See proposed Ordinance, as follows) A proposed Ordinance was presented, with the,title being: AN ORDINANCE RECLASSIFYING 1701 NORTH MISSISSIPPI STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the,first time. The rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Hollingsworth, seconded by Director Dailey, and unanimo ' adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion to again suspend the rules and place the Ordinance on its third and final reading; with the motion being made by Director Hollingsworth, seconded by Director Dailey, and adopted by unanimous vote of the Board Members present, being seven.in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, and the ensuing Aye and No Vote taken on the passage.of the Ordinance is described as follows: Ayes - Directors Hollingsworth and Young - total 2; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - total 5; Absent - None. It was therefore announced that the.Ordinance had FAILED to .pass. A proposed Ordinance was presented for third reading, with the title being: AN ORDINANCE APPROPRIATING $7,000 FOR PAYMENT TO THE LEGAL AID BUREAU OF PULASKI COUNTY, ARKANSAS; AND FOR OTHER PURPOSES; and a third reading of the Ordinance followed. Speaking in support of the Ordinance, Mr. Howard Martin, Acting Director of the Bureau, requested approval of the ,$7,000 grant which he said would possibly ' result in the approval of a matching grant'by Pulaski County, both of which in turn would be added to other funds this organization hoped -to raise to meet the matching funds required for a $110,500 Federal grant. Mr. Martin stated that he was aware of adverse publicity received by the Bureau in the.past and asked "that you judge our program by what we.are doing now and what we can do in the future." A roll call vote was then taken on the passage of the,Ordinance, resulting as follows: Ayes - Directors Bussey Hollingsworth and Young - total 3; Noes - Directors Keith and Dailey, Mayor Wimberly and Director. Linkous - total 4; Absent - None. It was therefore announced that the Ordinance had FAILED to pass. Introduced at this time was Ordinance No. 13,112, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR THE RIVER MOUNTAIN PARK - PROJECT; AND FOR OTHER PURPOSES; ($51,000 to be used in payment for lands condemned for park purposes - Sullivan's Island) with said Ordinance being read the,first time; after which there was.a motion by Director Linkous, seconded by Director Dailey, to ,suspend the rules to allow for the second reading of the Ordinance. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or ' more of the members of the Board of Directors - elect; and the Ordinance was read the second time. An ensuing motion then suspended the rules for the third and final reading of the Ordinance; with the m being made by Director Young, seconded by Director Dailey, and adopted by unanimous vote of the Board Members present, being seven-in number and two- thirds or more of the.members of the Board of Directors- elect. There was a third and last reading of the Ordinance, followed by an Aye and No::Vote taken on the 61 i NOVEMBER 18, 1975, Cont'd. passage of the Ordinance which resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent None. The Ordinance was declared passed. The next item presented for consideration was Resolution No. 5,447, described as: A RESOLUTION AUTHORIZING THE EMPLOYMENT OF BOOZ, ALLEN AND HAMILTON, INC. FOR THE PURPOSE OF CONDUCTING A LAND USE STUDY; AND FOR OTHER PURPOSES; (At a cost not to exceed the sum of $75,000) with said Resolution being readiin full. City Manager Carleton E. McMullin advised at this time that this study consisted of three phases and could be terminated at the completion of either Phase I or Phase II, with payment made by the City only for the work completed. A motion by Director Hollingsworth seconded by Director Bussey, then resulted in a roll call vote which adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent — None. The final item of the.Official Agenda, Ordinance No. 13,113, was presented with the title being: AN ORDINANCE CLOSING AND VACATING A PORTION OF THE DEDICATED RIGHT -OF -WAY OF WEST EIGHTH STREET BEING ADJACENT TO THE NORTH SIDE OF BLOCK 2, PERRY HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS (Property conveyed to Arkansas State Highway Department for right -of -way for Interstate 630) with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion made and seconded by Directors Keith and Hollingsworth, respectively, which was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, and a subsequent motion by Director Linkous to again suspend the rules to provide for the third and final reading of the Ordinance at this time. The motion was seconded by Director,Dailey, unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect, and the third and last reading of the Ordinance ensued. The resulting Aye and No vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total,7; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read.and adopted by the following roll call voter Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency Section had been passed. A general discussion was held at this time, beginning with a suggestion by Director Dailey that one or more work sessions be held by the Board for the purpose of discussion of Police Policy. He pointed out that the City's crime rate had increased considerably in the past year, and expressed the hope that the meetings would result in the implementation of certain plans to assist the Police Depart- ment in reducing the crime rate. It was the consensus of the Board that work sessions should be held in this capacity, with assistance sought from other departments and agencies, and with the meeting dates to be announced at.a later time. Reporting on the Taxicab Study Committee, Director Keith stated that the following recommendations would be forthcoming: (1) the appointment of a Transportation Commission; (2) a Taxicab Ordinance, and (3) a change of procedure in license permits, which would coincide with the.requirements by the State. There being no further business to be discussed at this time by the Directors, upon motion of Director Keith, seconded by Director Hollingsworth, and by unanimous vote of the Board Members present, the meeting was recessed at 8:35 o'clock P. M., subject to call by Mayor Wimberly for the purpose of discussin Community Development Block Grant appropriations. ATTEST. ;zr, Q APPROVED: y City Clerk Mayor 1 1 I Board of Directors Chamber Little Rock, Arkansas 'November 26, 1975 -,3:40 P. M. The Board of Directors of the City of Little,Rock, Arkansas met in reconvened session from November 18, 1975, with Mayor George Wimberly presiding and Jane Czech, City Clerk, and the following .Directors present: Directors Keith, Dailey, Linkous, Bussey and Hollingsworth - total .5; Absent - FOR OTHER PURPOSES; with the Resolution being read in full, having been delayed from the November 4, 1975 Board of Directors Meeting so that a work session could.be held to explore.all ramifications of the.expenditure of these !i funds. There was no further discussion at this time, and-a Motion followed by Director Bussey to adopt the Resolution. Director Dailey seconded the Motion and aroll call followed with the Resolution being adopted as described: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent — Director Young - total 1. Ordinance No.- 13,114 was presented, with the title being: AN ORDINANCE AMENDING IN PART ORDINANCE NO. 13,103 OF THE CITY OF LITTLE ROCK, SAME BEING AN ORDINANCE ESTABLISHING THE RATE.OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1975; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (City Attorney Joseph C. Kemp explained that this Ordinance was necessary due to the fact that the Firemen's Pension was inadvertently omitted from Ordinance No. 13;103.) which Ordinance was read the first time. There was a motion then made by Director Bussey, seconded by Director Keith and unanimously adopted by the Board Members present, being six in number and two- thirds �II or more of the members of the Board of Directors - elect, whereby the rules were suspended and the III II _ J Director Young - total 1. A quorum was therefore declared present, and the meeting then proceeded as follows: The first matter to be discussed was the Bond Refinancing Proposal of the Little Rock Municipal Water Works. This item was placed on the Tentative Agenda for the October 29, 1975 Agenda Meeting, with a written "Waterworks Bond Refinancing Proposal Report" presented by City Manager Carleton E. McMullin. ifter the discussion and explanation of the proposal; the Board Members decided to hold a. workshop on November 5, 1975 at 7:00 A. M. to further study the refinancing of these Bonds. The discussion then proceeded with representatives from three security firms present who stated they were prepared to act as fiscal agents for the refinancing. The Water Works now has about $14,000,000.00 ' in bonds outstanding. Under the plan, revenue bonds would have been sold and the proceeds invested in Federal government bonds. Those securities would have been placed in escrow and the interest and principal used to pay off existing Waterworks Bonds. Income now being used to pay off the existing bonds would then have been used to pay off the,new ones. The amount of savings would depend on the interest rates on the new bond sale and the amount of interest the.Pederal bonds would pay. A representative from Rauscher Pierce Securities Corporation Investment Bankers of Dallas, Texas was present and filed a Waterworks Revenue Bonds Refinancing Proposal from that firm. It was the opinion of E. Jack Murphy, Director.of Finance, that the Waterworks could not lose any money on the proposal. At this time, Director Hollingsworth made a Motion "that the City Staff and City Manager be authorized and directed to proceed with the proposal to refinance the Waterworks Bonds." The Motion was seconded by Director Keith and a roll call vote was then taken on the adoption of the Motion, resulting as follows: Ayes - Mayor Wimberly, Directors Bussey and Hollingsworth - total 3; Noes - Directors Keith, Dailey and Linkous - total 3; Absent - Director Young - total 1. Mayor,Wimberly then announced that ' the MOTION HAD FAILED. Next presented was Resolution.No. 5,448, entitled: A RESOLUTION ALLOCATING FUNDS FOR THE SECOND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS; AND FOR OTHER PURPOSES; with the Resolution being read in full, having been delayed from the November 4, 1975 Board of Directors Meeting so that a work session could.be held to explore.all ramifications of the.expenditure of these !i funds. There was no further discussion at this time, and-a Motion followed by Director Bussey to adopt the Resolution. Director Dailey seconded the Motion and aroll call followed with the Resolution being adopted as described: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent — Director Young - total 1. Ordinance No.- 13,114 was presented, with the title being: AN ORDINANCE AMENDING IN PART ORDINANCE NO. 13,103 OF THE CITY OF LITTLE ROCK, SAME BEING AN ORDINANCE ESTABLISHING THE RATE.OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1975; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (City Attorney Joseph C. Kemp explained that this Ordinance was necessary due to the fact that the Firemen's Pension was inadvertently omitted from Ordinance No. 13;103.) which Ordinance was read the first time. There was a motion then made by Director Bussey, seconded by Director Keith and unanimously adopted by the Board Members present, being six in number and two- thirds �II or more of the members of the Board of Directors - elect, whereby the rules were suspended and the III II _ J 1641111111 NOVEMBER 26, 1975, Cont'd. placed on its second reading. There was a second reading of the Ordinance; after which a subsequent motion was again made by Director Bussey and seconded by Director Keith, to suspend the rules to provide for the third and final reading of the Ordinance. The Motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. It was then announced that the Ordinance, together with the Emergency Section had been passed. The last matter to be considered was Resolution No. 5,449, entitled: A RESOLUTION REVISING GUIDELINES FOR COMMUNITY DEVELOPMENT BLOCK GRANT LOAN /GRANT PROGRAM; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Keith that the Resolution be adopted. The motion was seconded by Director Bussey and the Resolution was adopted.by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollings- worth - total 6; Noes - None; Absent - Director Young - total 1. Mayor Wimberly then announced that due to the meeting of the National League of- Cities to be held in Miami Beach, Florida, during the week of December 1st, with a majority of the Board Members attending, it would be necessary to change the next'regular meeting date of December 2nd. Director Hollingsworth then made a motion that the next regular meeting be held on Monday, December 8, 1975 at 7:30 o'clock P. M. and this motion was seconded by Director Keith and unanimously adopted by the Board of Directors present. As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Hollingsworth, seconded by Director Keith, and unanimously adopted by the Board Members present, the meeting was adjourned at 3:55 o'clock P. M. to meet again on Monday, December 8, 1975 at 7:30 o'clock P. M. ATTEST: (;;�� (1/�1(/ City Clerk APPROVED: �DXAI Mayor u 1 s5 Board of.Directors Meeting Little Rock, Arkansas December 8, 1975 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Linkous, Bussey, Hollingsworth and Young - total 5;' Absent:. Director Dailey - total 1. It was announced by the Mayor that a quorum was present, and the meeting then proceeded as'-herein recorded: The Invocation was given by Mayor Wimberly. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on November,18, 1975, and the reconvened meeting of November 26, 1975. (b) The Abstract of Votes of the Pulaski County Election Commission of the.November 13, 1975 Election to annex an area of 55 square miles to the City of Little Rock, Arkansas. (c) Resolution No. 5,450; entitled: A RESOLUTION APPOINTING A COMMISSIONER FOR WATER PIPELINE IMPROVEMENT DISTRICT NO. 133 OF LITTLE ROCK, ARKANSAS. (d) Resolution No. 5,451, entitled: A RESOLUTION OF THANKS AND APPRECIATION TO ALL THE NEWS MEDIA; AND FOR OTHER PURPOSES.` - (For public service performed in acquainting and informing the general public with the.issues involved in the annexation of 55 square miles to the City) (e) Resolution No. 5,452, entitled: A RESOLUTION OF APPRECIATION AND COMMENDATION. (To those persons who worked toward the success of the election which annexed a 55- square -mile area to the City) (f) The Audit Report of the Comprehensive Employment and.Training Program. By a motion from Director Bussey, seconded by Director Linkous, and roll call vote, with all Board Members present voting Aye, the following action was taken on the foregoing Consent Items: (a) The Minutes were approved as written and summarized; (b) The Abstract of Votes was received and filed; (c, d & e) Resolutions No. 5,450, 5,451 and 5,452 were read in full and adopted; and (f) The Audit Report was received and filed. Presented next was Resolution No. 5,453, described as: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF TRAFFIC CONTROL EQUIPMENT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; _ with there being a complete reading of the Resolution, which was thereafter adopted by a motion from Director Bussey, seconded by Director Keith, and by the following roll call vote: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Dailey - total 1. Presented for second reading was a proposed Ordinance, entitled; AN ORDINANCE REPEALING VARIOUS SECTIONS AND AMENDING VARIOUS SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO TAXICABS; AND FOR OTHER PURPOSES; and the Ordinance, having been read the first time on August 19, 1975, was then read the second time. The rules were subsequently suspended for the third and final reading of the Ordinance by a motion made by Director Linkous, seconded by Director Hollingsworth, and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect. There was.a third and last reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance, resulting as follows: Ayes - None; Noes - Mayor Wimberly, Directors 66JJL� DECEMBER 8, 1975, Cont'd. Linkous, Bussey and Hollingsworth - total 4; Abstaining - Directors Keith and Young - total 2; Absent - Director Dailey - total 1. It was announced that the Ordinance had FAILED TO PASS. A report from the Taxicab Review Committee was the subject of a discussion at this time. Contained , within the Report were six recommendations for improving taxicab operations, which were tentatively accepted by the Board of Directors with the exception of the following two provisions in Recommendation No. 6: "That twenty -one 'Independent Owner /Driver' franchises be awarded for 'one -cab' drivers through- out the City in addition to our two existing company franchises; and that the existing fare system be changed from Zone Rates to Meters." It was suggested by Director Keith, Chairman of the Taxicab Review Committee, that the recommendations of the Committee be incorporated into two ordinances to be presented for consideration by the Board at a later date, with "one ordinance to provide for the appointment of a Transportation Committee, and the other to relate specifically to taxicab operations. This suggestion was approved by the Board, along with the report and recommendations. Resolution No. 5,454 was presented, with the title being: A RESOLUTION RENEWING THE BUS BENCH FRANCHISE AS GRANTED BY RESOLUTION NO. 2,756, AS AMENDED; AND FOR OTHER PURPOSES; with there being a full reading of the Resolution. There was a motion from Director Bussey, seconded by Director Hollingsworth, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Director Keith, Mayor Wimberly, Directors Linkous,: Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Dailey - total 1. Presented for consideration at this time was'Resolution No. 5,455, described as: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE.AN AMENDED LEASE WITH DOYLE O'KELLEY OF MUNICIPAL PROPERTY FOR THE MAINTENANCE AND OPERATION OF AMUSEMENT RIDES IN WAR MEMORIAL PARK; AND FOR OTHER PURPOSES; and after the Resolution was read in its entirety, there was a motion by Director Bussey, seconded by Director Hollingsworth; for adoption of the Resolution. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; -Absent - Director Dailey - total 1. There was presented Resolution No. 5,456, entitled: A RESOLUTION GRANTING A FRANCHISE; AND FOR OTHER PURPOSES; _ (Franchise to Mr. Nick Kumpuris and Reverend Dale Cowling to allow an existing building to encroach ' into the right -of -way of East 9th Street, approximately 1.6 feet at Lot 7, Block 26, Original City of Little Rock, Arkansas) which Resolution was read in full. A motion by Director Hollingsworth, seconded by Director Linkous, resulted in the Resolution being adopted by the following roll call vote: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; .Absent - Director Dailey - total 1. The final item presented from the Official Agenda was Resolution No. 5,457, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK-.TO EXECUTE A WARRANTY DEED IN FAVOR OF CPC INTERNATIONAL, INC. PURSUANT TO AN OPTION CONTRACT ENTERED INTO BY THE LITTLE ROCK PORT AUTHORITY AND THE SAID CPC INTERNATIONAL, INC. DATED THE lst DAY -OF APRIL, 1975; AND EXERCISED BY CPC INTERNATIONAL, INC. AS TO TRACT D, AREA 104 OF THE LITTLE ROCK PORT INDUSTRIAL PARK, SAID DEED TO CONVEY SAID LAND AS DESCRIBED HEREIN AND TO BE DELIVERED UPON PAYMENT OF THE TOTAL AMOUNT OF THE PURCHASE PRICE; AND FOR OTHER PURPOSES; with said Resolution then being read in full. A motion by Director Hollingsworth, seconded by Director ' Bussey, resulted in a roll call vote which adopted the Resolution as herein described: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Dailey - total 1. ill I III DECEMBER 8, 1975, Cont'd. Prior to adjournment, it was,suggested by City Manager McMullin that the Board of Directors meet at 2:00 o'clock P. M. on Wednesday, December 10, 1975, preceding the scheduled Agenda Meeting, for the pur- pose of discussing land -use guidelines._ This suggestion was approved unanimously by the Board members present. As there was no further business to be presented or to come.before the Board of Directors, upon motion of Director Keith, seconded by Director Linkous, and by unanimous vote of the Board members presen the meeting was - adjourned at 8:00 o'clock P. M.; to meet again in,regular session on.Tuesday, December.16 1975 at 7:30 o'clock P. M. ATTEST: va_Yt.li 44i4 III IIII City Clerk 1 FVQaWel+1d17i Mayor i/ 168 Board of Directors Chamber Little Rock, Arkansas December 16, 1975 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas me.t-in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and.the following Directors present: Directors Keith, Dailey, Linkous, Hollingsworth and Young - total 5; Absent: Director Bussey - total 1. It was announced that there was a quorum in attendance, and the meeting then proceeded as herein described: The Invocation was given by Director Dailey. The Consent Agenda items were presented first, and are described as follows: (a) The minutes of the previous meeting held on.December 8, 1975. (b) A Comparative Statement of.Income Account of the Little Rock Municipal Water Works for the month of October, 1975. (c) A Report -on the status of solid waste disposal within the City of Little Rock, Arkansas. (d) Resolution No. 5,458, entitled: A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON THE PROPOSED 1976 BUDGET FOR THE , CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (7:30 o'clock P. M., December 17, 1975) By a motion from Director Keith, seconded by Director Hollingsworth, and a roll call vote with all Board Members present voting Aye, the following action was taken on the foregoing Consent items: (a) The minutes were approved as written and summarized;. (b) The Comparative Statement was received and filed; (c) The Report pertaining to solid waste disposal was received and filed; and (d) Resolution No. 5,458 was read in full and adopted, 6 -0. Presented at this time was the Petition of James Ritter, having been - approved on December 4, 1975 by the Planning Commission, to rezone property located at 1715 North Grant Street, described as Lot 8, Block 23, Mountain Park Addition to the City of Little Rock, Arkansas, from "A" One- family District to "C" Two - family District. Representing an opposing property owner, Attorney Perry Whitmore contended that the proposed rezoning would represent the introduction of multi - family use into a fully developed, well maintained single family area and such "spot,zoning" would adversely affect the character of the neighborhood. Following a brief discussion, a proposed Ordinance was placed on first reading. (See , proposed Ordinance, as follows) -� A proposed Ordinance was presented, with the title being: AN ORDINANCE RECLASSIFYING 1715 NORTH GRANT IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE-CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and said ordinance was read the first time. The rules were then suspended to allow for the second reading of the ordinance by a motion made by Director Young, seconded by Director Hollingsworth, and adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the ordinance and an ensuing motion from Director Hollingsworth to again suspend the rules and place the ordinance on its third and final reading. The motion was seconded.by Director Dailey, adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read-.the.third and last time. An Aye and No Vote was taken at this time on the passage of the ordinance, which resulted as follows.: Ayes - Directors Keith and Dailey - total 2; Noes - Mayor Wimberly,- Directors Linkous, Hollingsworth.and Young - total 4; Absent Director Bussey - total 1. The Ordinance was declared NOT PASSED. Director Bussey was enrolled at this time. PI II DECEMBER 16 1975, Cont'd. flooding by as much as 12 feet of water; and police and fire protection, which he described as inadequat at present and.anticipated would be considerably worse with the addition of the proposed development. Also speaking against the proposed zoning, {rMis: Charles Cozart, of 5906 Timberside Drive, stated "we are concerned that the developers' desire for a return on their investment is encroaching on the rights of the property owners "; and Mrs. Margaret Birdsong, another resident of the area, spoke in opposition d describing the matter as a "human.problem." In rebuttal, Mr. Wright insisted that the proposed plan is a good development and rezoning plan,.and that the.subject property is not suited for single family development. Mr. Terry then.spoke briefly in.rebuttal, requesting the Board to either deny or delay this matter; and a proposed Ordinance_to. reclassify this property was then placed on first reading. (See proposed Ordinance, as follows) Presented at this time was a.proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 885.STAGECOACH ROAD.IN THE CITY OF LITTLE ROCK; AMENDING SECTION 43 -2 ' OF THE CODE OF ORDINANCES OF THE CITY.OF LITTLE ROCK, ARIQANSAS; AND FOR OTHER PURPOSES; (Case Z -2934) and the Ordinance was read the first time. A motion was subsequently made by Director Dailey "that this matter be deZayed until.Phase I of the Land Use.Study is prepared and presented to the Board ", which motion was seconded by Director Bussey. Mr.. Don R. Venhaus,.Director of the Community Development Department, advised that Phase l.of the study should be ready by March 1, 1976. A roll call vote was To The next presentation was the.Petition of John D. Toney, Sr., Secretary- Treasurer for the Tall .-. Timber Development Corporation; requesting the rezoning of property-in the vicinity of 885 Stagecoach Road (See Petition for lengthy legal description) from "A ".One- family District to "C" Two - family,, "E -1" Quiet Business, "MF 12" Multi - family; "MF -18" Multi- family, '.'MF=24" "Multi- family, and "F" Commercial Districts.. The Petition had received the approval of the Planning Commission; and in attendance at the meeting were Mr. Edward L_Wright,=Jr., Attorney for the'.Petitioner;-and Mr. William L.-Terry, Attorney for the opposing property owners.- The .property in question was described by Attorney Wright as being a 55 -acre tract located almost.entirely within the 100 -year flood plain and bordered on the north by Brodie Creek, on the east by Hindman Park, on the south by Herndon Road and on the west by Stagecoach Road (State Highway No. 5);.with a proposed development plan to.include a multi - family area of various densities, a quiet business area-and 'a commercial.area to -be situated along Stagecoach Road. Using a land -use map of the Tall Timber Subdivision, Mr.. Wright.pointed out that-the more.intense zoning tracts are located away from the single - family residential area whichabuts, the property on the south. He also pointed out that Tall Timber Boulevard serves as .a buffer between the more intense zoning and the single family residential property, which is bordered-.only by proposed "MF 12" property. Acknowledging that th focal point of opposition is the.single family area, Mr. Wright contended that the proposed development would have a minimal impact upon-.this area; that off -site and on -site traffic could be adequately handled by the streets within the-subdivision and by Stagecoach Road, which is a State Highway; and that-fire protection and:utilities would.be adequate to serve the area. Time was then relinquished for the opposing viewpoint; and Attorney.William Terry first pointed out that a portion of this 55 -acre tract as yet had not been platted.. Mr. Terry stated that two proposed apartment tracts extend down into the single - family area,.whose- residents were led-to believe that they were buying homes in a quiet single - family addition. Discussing the.flood plain aspect, Mr. Terry noted the Staff's conditional approval based on the Petitioner'.s.- meeting certain construction and other flood plain requirements, and emphasized their "concern over the implications that this request has on adjacent lands." Other points expressed by Mr. Terry-in his arguments were the.alleged inadequacy. of Highway No. 5 and Asher Avenue to handle -the anticipated traffic; the devaluation of single family residences in the vicinity; the divided vote of the Planning Commission on-this issue; and the flooding conditions anticipated at Hind- man Park as a result of such a development. Mr. David Wittenberg, of 11 Timberside Cove, explained his opposition based on.the flood plain.risk, stating-that the proposed recreation area was subject to flooding by as much as 12 feet of water; and police and fire protection, which he described as inadequat at present and.anticipated would be considerably worse with the addition of the proposed development. Also speaking against the proposed zoning, {rMis: Charles Cozart, of 5906 Timberside Drive, stated "we are concerned that the developers' desire for a return on their investment is encroaching on the rights of the property owners "; and Mrs. Margaret Birdsong, another resident of the area, spoke in opposition d describing the matter as a "human.problem." In rebuttal, Mr. Wright insisted that the proposed plan is a good development and rezoning plan,.and that the.subject property is not suited for single family development. Mr. Terry then.spoke briefly in.rebuttal, requesting the Board to either deny or delay this matter; and a proposed Ordinance_to. reclassify this property was then placed on first reading. (See proposed Ordinance, as follows) Presented at this time was a.proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 885.STAGECOACH ROAD.IN THE CITY OF LITTLE ROCK; AMENDING SECTION 43 -2 ' OF THE CODE OF ORDINANCES OF THE CITY.OF LITTLE ROCK, ARIQANSAS; AND FOR OTHER PURPOSES; (Case Z -2934) and the Ordinance was read the first time. A motion was subsequently made by Director Dailey "that this matter be deZayed until.Phase I of the Land Use.Study is prepared and presented to the Board ", which motion was seconded by Director Bussey. Mr.. Don R. Venhaus,.Director of the Community Development Department, advised that Phase l.of the study should be ready by March 1, 1976. A roll call vote was To 1`70 DECEMBER 16, 1975, Cont'd. then taken on Director Dailey's motion, which resulted as.follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None.raAccordingly, it was announced that the Ordinance would remain on the calendar for second reading until such time as Phase 1 of the Land Use Study is completed and presented to the Board of Directors. ' The next item presented was Ordinance No. 13,115, described as: AN ORDINANCE AMENDING SECTION 43- 35- (2) -(j) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PERTAINING TO PERMITTED USES; AND FOR OTHER PURPOSES; with the Ordinance being read the first time; after which there was a motion from Director Keith, seconded by Director Dailey, to suspend the rules,and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, .being seven in number and two - thirds or more of the members of. the Board of Directors - elect,.and the Ordinance was read the second time. A subsequent motion then suspended. the rules ,.placing -.the.Ordinance -on its third and final reading; with the motion being again made and seconded -by Directors:Keith.and Dailey; respectively, and unanimously adopted by the Board Members present, being seven in number-and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in the taking of an Aye and No vote on the passage of the Ordinance, with the following response-being recorded: Ayes - Directors Keith and Dailey, Mayor Wimberly,.Directors Linkous,.Bussey, Hollingsworth and Young - total 7; Noes - None; Absent- None. .It was therefore, announced that the Ordinance-had been passed. Introduced at this-time was Ordinance -No. 13,116; containing the following title: I AN ORDINANCE ASSESSING THE BENEFITS TO BE_RECEIVED BY.EACH.OF SEVERAL LOTS, BLOCKS, AND PARCELS OF LAND 'WITHIN TWIN LAKES RECRFATIONAL:AREA IMPROVEMENT DISTRICT NO. 1-OF LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance. It was stated that'the Assessment of Benefits of this Improvement District had been ,duly filed in the Office of.the City Clerk; that notice thereof had been published on December 2, 1975; and that no protests had been- presented to said proposed Assessments. i The rules were then suspended to allow for�the second reading of the Ordinance at this time, by a motion made by Director.Young; seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more.of the members of the-Board-of Directors - elect.. The Ordi- nance was read the ,second time, and an ensuing motion was.made by.Director Young that the rules again be i suspended and the Ordinance placed on_its.third and final reading. The motion was seconded by Director Hollingsworth, unanimously adopted by the Board,Members present, being seven in number and two - thirds or , more of the members of the Board of Directors - elect; and the third and last reading of the Ordinance followed. The passage of the Ordinance was at.this,time submitted to an Aye and No roll call vote, which resulted as herein described: Ayes - Directors.Keith and Dailey, Mayor Wimberly, Directors Linkous, Hussey, Hollingsworth and Young -- total 7; Noes - None; Absent - None. The Ordinance was declared passed. Presented for consideration at this -time was .the .Petition of William L. Tedford, Jr. to vacate and close a portion of Scenic Boulevard in.the Scenic Heights Addition to the City of Little Rock, Arkansas, which Petition had received the approval of the Planning Commission. .Submitted with the Petition were a letter.from the Beach Abstract. -and Guaranty Company certifying -.that the Petitioner is the last apparent , owner of record of the abutting.property, and a certified -copy of the Plat of Scenic Heights Addition to the City of Little Rock, Arkansas- as.recorded_in.Plat.Record Book No•. -,_5 at Page No. 235 in the Office of the Circuit Clerk and Ex- Officio Recorder of Pulaski County, Arkansas. (See Resolution No. 5,459, setting the date of Public Hearing for January 6, 1976 at 7:30 o'clock P. M.) Presentation was made at this.time of-Resolution No..5,459, entitled: , RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF SCENIC BOULEVARD, SCENIC HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK,.ARKANSAS; I ,c- DECEMBER 16-, 1975, Cont'd. and said Resolution was read in its entirety and thereafter adopted upon motion of Director Linkous, seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith and Dailey, ' Mayor Wimberly, Directors-Linkous ,.Bussey, - Hollingsworth.and Young - total 7;, Noes - None; Absent - None. An.Ordinance, No..13,117,.was next..presented, and entitled: AN ORDINANCE APPROVING.AND-ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS OF SECTION "H ", TWIN LAKES SUBDIVISION TO THE CITY OF LITTLE ROCK, ARKANSAS; (By Court Order dated October 8, 1975) and upon first reading of the Ordinance, there was_a- motion by Director Young to suspend the rules to allow for the second reading of-the Ordinance.at this-time. The motion received a second from Director Linkous, and unanimous adoption by the Board Members:present,-being seven in number and two - thirds or more of the members of the Board of•:Directors- elect; and.there was a.second reading of the•Ordinance. An ensuing.motion was then made-by Director Dailey,.and seconded by Director Young, for a further suspension of the rules'to provide for the third and final reading.of the Ordinance; which motion was adopted by- unanimous vote.of the Board Members.present,..being seven-in number and two- thirds or more of the members of the Board.of Directors - elect.' The third and last reading of the Ordinance resulted in an Aye and No vote being taken.on the passage.of the Ordinance, which received the following response: Ayes.- Directors Keith and Dailey, Mayor Wimberly,.-Directors Linkous',- Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None.: The Ordinance.was then declared to have been passed. -,,.Introduced at this point was Ordinance No..-13,118, described as: AN ORDINANCE APPROVING AND ACCEPTING_THE ANNEXATION.TO THE CITY OF LITTLE ROCK, ARKANSAS, OF KENSINGTON PLACE, PHASE.I, AN`ADDITION TO THE- CITY -OF LITTLE ROCK, ARKANSAS, LOCATED IN THE Nl� SECTION 15, TOWNSHIP 1'NORTH, RANGE 13.WEST, PULASKI COUNTY, ARKANSAS; (By Court Order dated October 8, 1975) with there..being a first reading.of.the.Ordinancer A motion was then made -by Director Linkous, seconded by Director Young, to suspend.the rules to provide -for the second reading of the Ordinance at this time. The motion was adopted by unanimous 'vote of the Board'Members present, being seven in number and two - thirds or more of the members of-the- Board of Directors- elect; and a second reading-of the Ordinance ensued. The rules were again-suspended-and.-the Ordinance.placed on its third and final reading by a motion from Director Dailey, seconded_by.Director Linkous, -which was adopted by-unanimous vote of the members of the Board of'Directors present, being seven in number and two- thirds or more of the members of the Board.of Directors - elect.. There was-a third and last reading of the Ordinance;'after which an Aye and No..vote�.was.'taken•on:.the passage,of:the Ordinance, resulting as;follows:'•'Ayes - Directors Keith and Dailey, ,Mayor Wimberlyi.Directors- Linkous, Bussey. Hollingsworth.and Young - total 7; Noes - None;, Absent. - :None.. It was announced.that.the Ordinance had been passed. Resolution.No. 5,460 was- presented, with the title being: 'A RESOLUTION AWARDING CONTRACTS.FOR-MAINTENANCE OF TYPEWRITERS, _- ADDING -MACHINES AND CALCULATORS FOR THE YEAR 1976;'AWARDING "CONTRACTS.FOR TH &-PURCHASE OF INTERNATIONAL HARVESTER PARTS AND MAINTENANCE SERVICE AND HEAVY.EQUIPMENT-PARTS AND,MAINTENANCE FOR THE .YEAR 1976;'WAIVING.COMPETITIVE BIDDING; AND FOR OTHER PURPOSES; and said.Resolution was . read';in.full. -There was a.motion� then made by Director Young, seconded by I Director Bussey, that the Resolution.be adopted.. A•roll call-was taken and the Resolution was adopted by the following vote: Ayes.: Directors Keith and Dailey,:'Mayor Wimberly,'Directors Linkous, Bussey, Hollingsworth and Young - total 7:;. Noes.- None;. Absent '- None. Again presented for discussion was the refunding proposal of the Little Rock Municipal Water Works Bonds. This matter was brought before the Board of Directors on November 26, 1975, at which time it was determined by a 3 -3 vote that no action would be taken on the matter. However, at the request of ' irI DECEMBER 16, 1975, Cont'd. Director Young who was absent at the November 26th meeting, the matter was placed on the agenda for reconsideration at this time. A lengthy discussion ensued, prefaced by a statement from Mr. R. N. Dillingham of Reynolds Securities, Inc, that the proposal submitted by his firm could be implemented at no cost to the City. .Mr. Dillingham emphasized the importance of the time element in this matter, contending that if the bonds are not delivered by February-1, 1976, it could result in a loss of $400,000 to the,City. A request was then made by:Mr. Elmer Flute of E. L. Villareal & Company that he be allowed to submit a bond proposal on behalf..of his- company. Mr. Martin - Borchert, Chairman of the Board of Water Commissioners, stated that the - Commission would like to obtain the advice of the Water Company's auditors regarding the effect this would have on the company's present indebtedness prior to the Board's taking action on the matter. The discussion culminated in three motions, which are describ as follows: Motion No. 1 - From Director Hollingsworth,.seconded by Director. Dailey: "That we notify the Water Works that we want the recommendations of their auditors on this issue." Motion No. 2 - From Director Bussey, seconded by Mayor.Wimberly: : "That we go into recess and after the Board's meeting with the Water Works tomorrow (12- Z7 -75) that we reconvene and vote on this issue." Motion No. 3 - From Director Keith, seconded by Director Bussey: "That two Resolutions on this issue be prepared for consideration by the Board; with one Resolution stating that the Board will proceed with a bond proposal, and one Resolution naming a fiscal agent." The resulting action taken on the foregoing motions is described as foZZows: Motion No. Z was adopted by a roll call vote of 6 Ayes and 1 Abstention by Director Linkous; Motion No. 2 was adopted by a roll call vote of 6 Ayes and Z Abstention, again by Director Linkous; Motion No. 3 was adopted by a roll call vote of 6 Ayes and a response by Director Linkous of "Abstain and Protest ", which he explained as being due to the fact that this matter, which had previously been considered and voted upon by the Board, was again before the Board and "it is my opinion that it should not be.'! -Tt was therefore the decision of the Board that the recommendations of the Water Works' auditors be requested prior to a decision; that no vote be taken until after the Board meets with the Water Works; and that two Resolutions be prepared in connection with this issue, one expressing the Board's wish to proceed with a bond proposal and one naming a fiscal agent. The next item presented was Resolution No. 5,461, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH PROJECT PLANNING FOR A CENTRAL SERVICE CENTER; AND FOR OTHER PURPOSES; (For the purpose of consolidating several field functions into -a Central Service Center at the Little Rock Material Yard) with said Resolution being read in full and thereafter adopted upon motion of Director Hollingsworth, seconded by Director Young, and by the following.roll call vote: -Ayes.- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Presented for consideration at this time was Resolution No. 5,462, described as: A RESOLUTION GRANTING A FRANCHISE TO PLACE AN IRON FENCE INTO THE RIGHT OF WAY OF EAST SIXTH STREET AND THE RIGHT OF WAY OF ROCK STREET IN THE-CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Franchise granted to W. J. Walker) and after a full reading of the Resolution, there was a motion for adoption of the Resolution by Director Linkous. The motion was seconded by Director Keith, and led to adoption of the Resolution by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Resolution No. 5,463 was presented at this point, with the title being: A RESOLUTION CALLING FOR CONSIDERATION OF SPECIAL NEEDS OF THE HANDICAPPED AND ELDERLY IN OF FACILITIES FOR PUBLIC USE; AND FOR OTHER PURPOSES; 0 I J 73 DECEMBER 16 1975, Cont'd. with the Resolution being readinn its entirety. A motion by- Director. Hollingsworth, seconded by Directo Linkous, resulted in a.roll call vote whereby the Resolution :was,adopted as herein described:' Ayes - Directors Keith and Dailey; Mayor ;Wimberly, Directors,Linkous, Bussey, Hollingsworth and Young -- -total 7 Noes - None;: Absent - None. Resolution No.. 5;464 was introduced, and entitled: A- RESOLUTION AUTHORIZING THE_SELECTION OF AN ARCHITECT.TO DEVELOP PLANS FOR MAKING CITY HALL MORE PHYSICALLY ACCESSIBLE TO HANDICAPPED AND ELDERLY.PERSONS;,DIRECTING THE CITY MANAGER TO REVIEW THE CITY BUILDING CODES AND MAKE RECOMMENDATIONS FOR- CHANGES TO COMPLY WITH ,THE NEEDS.OF THE HANDICAPPED AND ELDERLY; AND FOR OTHER PURPOSES;.. , (To be funded by $20,000, allocation from Community Development Block Grant Funds) - and there was a complete reading.of, the Ordinance. :There was,.an ensuing motion from Director,Hollings- worth, seconded by Director Dailey, which resulted.,in the adoption of .the Resolution by a roll.call vot described as follows: - Ayes,- ;.Directors Keith,'and Dailey,,Mayor;Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes -- None;. Absent - None. The next.presentation was'Resolution,No. 51465, containing ,the,following.titlec. . A RESOLUTION ACCEPTING A WARRANTY-DEED TO LANDS IN THE',CITY OF LITTLE ROCK TO BE USED FOR PARK PURPOSES;,,AND...FOR OTHER PURPOSES; (Conveyance,of,17 acres, more.or,less,.from_ the Thom family) W which Resolution was then read in full. There was a motion which followed from Director Young, seconded by Director Linkous, for adoption of the Resolution. -A roll call was taken which subsequently, adopted the Resolution as herein described:. Ayes - Directors.Keith and .Dailey,, Mayor Wimberly, Directors Bussey, Hollingsworth and Young - total 7; Noes - None;, Absent - None. There was presented Ordinance No. 13,119; entitled: AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES, CHARGES AND SPECIAL TAXES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS-.BY ARKANSAS POWER -AND LIGHT COMPANY-AND THE METHOD OF PAYMENT THEREOF; AND FOR OTHER PURPOSES; by Director Hollingsworth, to suspend the rules and place the Ordinance on its second reading. It was 1111111 l Ul V (Franchise agreement for.year 197-6 in,the.amount of $1,660,000) with said Ordinance being read the first time.. The.rules -were then suspended for the second reading of the,Ordinance by a motion made by Director.Young, seconded by.Director Hollingsworth,,and unanimously adopted by the Board.Members present, being -seven in-number, and two- thirds or more of the members of the Board of Directors - elect.. There was a second reading. -of the Ordinance; after which the rules were again suspended for the third and final reading.of.:the Ordinance by-motion of Director Young, seconded by Director Hollingsworth,:which was - adopted by unanimous.vote.of the-Board Members present, being seven in number and. two-thirds 'or :more,.of the members of-the Board of-Directors-elect. - The.third -and, last - reading of the,Ordinance resulted in an Aye and,No: vote °being -taken on the passage.of the Ordinance; . with the responding vote being recorded,as follows: Ayes - .Directors Keith and Dailey, Mayor Wimberly, Directors Linkous,.Bussey, Hollingsworth andiYoung.- total 7; Noes - None; Absent - .None. -,The Emergency Clause contained in..Section,4:of the.foregoing,Ordinance was then . read -and adopted by the,1following roll call vote: Ayes - _,Directors Keith and Dailey,-Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young.- total 7; Noes - .None; Absent;- =None. It was.then announced that- the Ordinance, together with the Emergency Section, had been passed. Presented.-at this time was.,a...proposed Ordinance, described -as: AN ORDINANCE AMENDING IN PART - SECTIONS 1 AND,2 OF, ORDINANCE NO.-11,366 TO PROVIDE FOR - LEVYING ADDITIONAL PRIVILEGE TAX:TO BE PAID BY ARKANSAS.LOUISIANA GAS COMPANY FOR.THE.YEAR 1976; PROVIDING FOR THE PAYMENT THEREOF; DECLARING,AN EMERGENCY;-AND-FOR OTHER PURPOSES; (Franchise levied for-1976 - $313,200) and said Ordinance was read the first time; -after which -there was.a motion from Director Young, seconded by Director Hollingsworth, to suspend the rules and place the Ordinance on its second reading. It was 1111111 l Ul V 1'74 DECEMBER 16, 1975, Cont'd. pointed out at this time by Director Linkous that, although there was new construction underway by the Gas Company, their report to the City did not reflect any new meters during 1976. Director Linkous also pointed out that in the preceding year, the company did not project any new meters, which represent the basis on which the franchise amount is determined. In response, City.Manager Carleton McMullin stated that this subject has been pursued ioith the Gas Company and no satisfactory answer has yet been received. In light of this discussion, Directors Young and Hollingsworth withdrew their motion-'and second and the Ordinance was subsequently left on the'calendar for second reading at a later date. Ordinance No. 13;'120 was introduced, with'the title being:' AN ORDINANCE AMENDING IN PART SECTIONS-2 AND 3 OF ORDINANCE NO. 11,345 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE TAXES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE-COMPANY FOR THE -YEAR 1976; FOR THE PAYMENT THEREOF; DECLARING-AN EMERGENCY ,AND ,FOR-OTHER PURPOSES.! ($504,998 franchise levied -for'- -"the year 1976)''' 1... .. with there being a first reading of 'the Ordinances The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Young, seconded•by Director Hollingsworth, which was unanimously- adopted by the'Board= Members present;'- being'seven'�in number and two- thirds-'or more of the members of tiie':Board of,Directors= elect. -The Ordinance was'read'the second time, and an ensuing motion was made by Director Linkous, seconded by Director Keith, to again - suspend the rules and'place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two= th'irds'or more of the members of- the.Board'of Directors - elect. The third and last reading of the Ordinance led to an Aye and' No Vote•on' the question of -the passage of the Ordinance;- with the resulting vote being;'- =Ayes - 'Directors" -Keith and Dailey; Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total -7; Noes - None; Absent - None. Included within Section 5 of the foregoing - Ordinance was an Emergency Clause, which was'read at this time. and adopted by the following vote: Ayes - Directors Keith -and Dailey, Mayor Wimberly, -D Linkous, Bussey, Hollingsworth and Young - total 7; Noes = None;' Absent - None. - Accordingly,'it was announced that the Ordinance, complete with the Emergency Section had been passed. Also presented for consideration was Ordinance No. 13,121, described as: AN ORDINANCE LEVYING A PRIVILEGE TAX UPON THE LITTLE ROCK MUNICIPAL WATER WORKS; AUTHORIZING PASS ON SAID TAX TO RESIDENT WATER CONSUMERS; AND DECLARING AN EMERGENCY; (Franchise tax levy of $145,000 for the year 1976) with the - Ordinance being read the first time. A motion was then made by Director Young "that this mat be deferred for action until we can determine if there will be a proposed rate increase, and that we consider these matters together." The motion received a'second from Director.Hollingsworth, and'was submitted to a roll call vote which subsequently failed as herein described:" Ayes- Directors Hollings - woth and Young — total 2. "Noes•— Directors Keith and Dailey, Mayor Wimberly;'Directors Linkous and Bussey - total 5; Absent - None. The rules were then suspended to provide for the second reading of the Ordinance at this time, by a motion by Director Keith, seconded by Director Hollingsworth, and adopt by unanimous vote of the BoardMembers present, being seven in number ' and:two - thirds or more oftthe members of the Board'of Directors - elect: Upon second reading of the Ordinance, there was an ensuing motion again made and'seconded by'Directors Keith and-Hollingsworth, respectively, which suspended the rules and placed the Ordinance on its third and final'reading, with the motion having been unanimously adopted by the Board Members present, being seven in number and- two - thirds or more of the Board of Directors - elect. The third and last reading of the Ordinance was - followed by an Aye and No vote taken on the passage of the Ordinance, with the responding vote being: Ayes Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Emergency Section contained within Section 4 of the foregoing Ordinance was read at this time ,/ III IIII 1111111 C DECEMBER 16, 1975, Cont'd. and adopted by the,following vote: .Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. It was therefore, announced that the Ordinance, together.with the Emergency-Section had been passed. The final item to be considered at this time was Resolution.No. 5,466, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR AND RECEIVE LEAA GRANT FUNDS TO EXTEND THE.RESIDENTIAL AREA PATROL FOR A SECOND YEAR; AND FOR OTHER PURPOSES; and a lengthy discussion ensued: City Manager Carleton McMullin stated that the City is presently fundi this program which began in 1974 with a Federal.Grant and was extended by a second year,Grant.. It was suggested by Director Linkous that the Board hold.a work session to evaluate the success of the program. .He contended that the crime problem,is a much broader problem "which requires that we utilize all facilities and personnel in the best way possible ..." Mr-: McMullin responded with a statement that since the inception.of-the program,'there has been a 58 percent decline in burglaries in.,the areas served by the Residential Area Patrol;..and Director Hollingsworth-expressed the opinion that "this is $180,000 well spent and it performs a,useful function." The Resolution was then read in full and followed by a motion from Director ;Hollingsworth;.seconded by.Director Young; which resulted in adoption of the Resolution by a roll call vote described as.follows:. Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. -There being.no further business to be presented or discussed at this time, upon motion of Director Hollingsworth, seconded.by Director Keith, and by unanimous.vote of the Board Members present, -the meeting was.recessed at-10:35 o'clock P. M.; and scheduled to reconvene on Wednesday, December 17, 1975 at 7:30 o'clock P. M. ATTEST: �4 APPROVED: City Clerk // Mayor to 1'76 Board of Directors Chamber Little Rock; Arkansas December 17,1975 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from December 16, 1975, with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Young - total 5; Absent - Director Hollingsworth total 1. A quorum was therefore declared present and the following is an account of the proceedings: Ordinance No. 13,122 was presented, with the title being: AN ORDINANCE AMENDING IN PART SECTIONS 1 AND 2 OF ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE TAX TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1976; PROVIDING I FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Franchise tax levy of $313,200 for the year 1976) and the Ordinance, having been read the first time on December 16, 1975, was then read the second time. City Manager Carleton McMullin recommended at this time that the Ordinance be approved on the basis of a recent conversation with Mr. Sheffield Nelson, President of the Arkansas Louisiana Gas Company, - in which Mr. Nelson stated that an audit of the meters had been made recently and the company would pay a franchise based.on the audit. Mr. McMullin suggested that the Board proceed with the Ordinance and make any warranted adjustment at a later date. The rules were then suspended and the Ordinance placed on its third and final reading by a motion made by Director Linkous, seconded by Director Dailey, and adopted by unanimous vote of the Board Members present, being six in number and'two- thirds or more of the members of-the Board of Directors- elect. The Ordinance was read the third and last time; after which the question of passage of the Ordinance was submitted-to an Aye and No vote which received the I following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young.- total 6; Noes - None; Absent - Director Hollingsworth - total 1. It was announced that the Ordinance had been passed, along with the.Emergency Section contained in Section 5 with 6 Ayes; 1 Absent ote. The subject of the refunding proposal of the Little Rock Municipal Water Works Bonds was again discussed (See Page 163 of this Minute Record); and City Manager Carleton McMullin stated that he had been advised by Mr. Jack Wilson, Manager of the Water Works, that the recommendations of their auditors would be presented Friday, December 19, 1975. Consequently, there was a motion from Director Bussey "that the Board of Directors remain in recess until such time as the report and recommendations of i the Water Works' auditors are available." The motion was seconded by Director Linkous, and adopted by the following roll call vote: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Bussey and .. Young - total 5; Noes.- Director Keith - total 1; Absent - Director Hollingsworth - total 1. The Meeting was recessed at 7:45 o'clock P. M. Upon motion of Director Bussey, seconded by Director Linkous, and by unanimous vote of the Board Members present, subject to reconvene upon call by Mayor Wimberly at a later'date. ATTEST: A- 12Q,) 44,a& APPROVED: City Clerk Mayor ' �I 1 Board of Directors Chamber Little. Rock, Arkansas December 22, 1975 - 2:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from December 17, 1975 with Mayor - Wimberly presiding and-Jane Czech; City Clerk; and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. Mayor Wimberly declared a quorum to be present, and the following proceedings occurred:' There was presented a proposed Resolution, entitled: A RESOLUTION PROVIDING-FOR THE SALE OF WATER REVENUE REFUNDING BONDS OF THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING WATER REVENUE BONDS (HEREINAFTER DESCRIBED IN THIS RESOLUTION); AND PRESCRIBING OTHER MATTERS RELATING THERETO; and the Resolution was read in its entirety. A brief report on this 'subject followed from Mr. -Jack Wilson, Manager of the Little Rock Municipal Water Works... When asked by Director Keith for an "unqualified opinion" on this bond issue, Mr. Wilson declined and-stated that as yet the Water Commission did not have a formal opinion and its.auditors.could-not give an unqualified endorsement.. Mr. Wilson added.that it was apparent that.the proposal did not have the approval of the bondholders. Following the discussion, a Motion was then made by Director.Bussey, seconded by Director Young, for adoption of the Resolution; however, in the responding-roll call vote, the Resolution failed' to be adopted as follows: Ayes - Mayor Wimberly, Directors:Bussey and Young.- total 3; Noes - Directors Keith, Dailey, Linkous and Hollingsworth- total 4; Absent - None. Due to the failure of the preceding' Resolution, a subsequent' Resolution naming a fiscal agent' and providing for the execution and delivery of a refinancing agreement,-was not presented Resolution No. 5,467 was presented at.this'.time, with the title being: A RESOLUTION AUTHORIZING THE CITY.MANAGER TO IMPLEMENT A PAY PLAN ADJUSTMENT WITH RESULTING PAY INCREASES FOR CITY EMPLOYEES EFFECTIVE JANUARY 5, 1976; AND FOR OTHER PURPOSES; and upon full reading of the'Resolution, there was a motion from Director" Keith, seconded by Director, Hollingsworth,'that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith and.Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes — None; Absent - .None. The next presentation was Ordinance No'. 13,123, described as: AN ORDINANCE AMENDING SUBSECTION "A" OF SECTION 2 -23 OF•THE CODE'OR ORDINANCESFOR -THE CITY OF LITTLE ROCK, ARKANSAS, PERTAINING TO VACATIONS; SICK LEAVE;. -AND MILITARY LEAVE; AND FOR OTHER PURPOSES; with the Ordinance being read the first time., The rules were-then suspended -to allow for-the second reading of the- Ordinance,- by a motion made by'Director Bussey, seconded,by Director Hollingsworth, and adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the -Board of'Directors- elect. There was''a second :' reading of the Ordinance;:aft`er :which a subsequent motion-was -made by Director Linkous;' seconded by Director7HolTingsworth,••,for ' a further suspension of the rules and -the placing-of the Ordinance on 'its third and final reading.. The motion was unanimously adopted by the Board Members present, being seven in 'number and two = thirds or more of the members of the Board of Directors - elect; and the third and 'last reading-of-the Ordinance ensued. The question of the passage of the Ordinance was theh submitted - -to an Aye and No vote which= resulted as follows: Ayes - Director Keith and�Dailey, Mayor Wimberly, Directors•Linkous,".Bussey, Hollingsworth and Young - total 7; Noes.- None; Absent - None been passed. Accordingly, it was announced that the Ordinance had rl DECEMBER 22, 1975, Cont'd. Presented for consideration at this time was.Ordinance No. 13,124, entitled: AN ORDINANCE AMENDING SUBSECTION "b" OF SECTION 2 -25 OF THE CODE OF ORDINANCES FOR THE CITY OF LITTLE ROCK, ARKANSAS, PERTAINING TO HOLIDAYS AND SPECIAL LEAVE; AND FOR OTHER PURPOSES; with said Ordinance being read the first time; after which there was a motion by Director Hussey, seconded by Director'Young, for a suspension of the rules to provide for the second reading of the Ordinance at this time. The motion was unanimously adopted by the Board Members present, being seven in number and.two- thirds or more.of the members of the Board. of Directors - elect; and the second reading of the Ordinance followed.. The ru3es.were again suspended to allow for the third and final reading of the Ordinance by a motion made and seconded by Directors Hussey and Keith, respectively, and unanimously.adopted by the Board-Members present, being seven in.number and two- thirds or more of the members of the -Board of Directors - elect... The third and last reading of.the Ordinance resulted in an Aye and No vote taken on the passage.of- -the Ordinance, with the response recorded as follows: Ayes - Directors Keith .and Dailey, Mayor Wimberly, Directors Linkous „ Bussey, Hollingsworth and Young - total, Noes - None; Absent - None. The Ordinance was 'declared passed. Then presented was Ordinance No. 13,125, containing the following title: AN ORDINANCE AMENDING SECTION 15 -1 OF THE CODE OF ORDINANCES PERTAINING TO GARBAGE COLLECTION FEES; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Keith, seconded by Director Bussey, to suspend the rules and.place the Ordinance on second reading; which motion was adopte by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. City-Manager Carleton McMullin discussed this matter briefly at this time, stating that-the additional-75-cents in sanitation fees provided by this Ordinance will allow this operation to pay its own way. The Ordinance was then read the second time, followed by a motion from Director Bussey, seconded by Director Keith, that the rules again be suspended to allow for the third and final reading of the Ordinance.- The motion was unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the memliers of the Board of Directors - elect; and the Ordinance was read the third and last time. -The resulting Aye and No vote taken.on the passage of the Ordinance'received the following response: Ayes - Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Noes. - None; Abstaining - Mayor Wimberly,- total 1; Absent None. The Ordinance was declared passed. At this point, there was a discussion which.centered upon the City's operating budget for the year 1976. Director Dailey called for a clarification of the budget and in a comment pertaining to the I Arkansas Arts Center's Neighborhood Arts Program, stated that although.he thought this was a good program, he could not vote for any program of this type until the City develops a prime source of revenue. Subsequently, Director Dailey. -made a motion that the funding.of the Neighborhood Arts Program be deleted from the.1976 budget; however, the motion failed for lack of a second. A motion :then followed from Director Keith, seconded by Director Dailey,. "for a modification of the budget whereby the sum of $25,000 would be taken from the bus system (Central Arkansas Transit) and designated for the Arts Center Program." When submitted to a roll call vote, this motion failed to be adopted, and the, recorded vote is described as follows: Ayes - .Directors Keith and Dailey - total 2; Noes - Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 5; Absent - None. The discussion continued at length and resulted in two successful motions, described as follows:, Motion No. 1 - From Director Keith, seconded by Director Hollingsworth - "That the budget include the sum of $25,000 for the Arkansas Arts Center's Neighborhood Arts Program.rr L �1 r 9 DECEMBER 22; 1975 Cont'd. Motion No. 2 - From .Director Hollingsworth, seconded, by Director.Bussey -,_"That the-budget incZude'a,'$25,000 allocation for the-purchase of a new emergency medical ' service vehicle -and the equipment required for its,operation." ." The resulting roll call vote taken on'Motion No. 1 adopted the motion as follows: Ayes - Directors Linkous, Bussey, Hollingsworth and Young - t6tal.4; Noes — Director Keith and Dailey, and Mayor Wimberly - total 3; Absent -- None. Motion No. 2 was.also adopted; with the vote response being: Ayes - Directors Keith and Dailey, MayortWimberly; Directors Linkous; Bussey, Hollingsworth and Young - total 7;. Noes - None; Absent.- None. -, The subject of appointments to an Advisory.Council for the Land Use Study currently in progress was discussed and resulted in.the unanimous adoption of a motion by Director Linkous secondedo'by Director,Hollingsworth, to delay the appointments until.December 30, 1975:, At this time, there was a motion by Director Linkous, seconded by.Director Hollingsworth, that the meeting be recessed; which.motion was unanimously..adopted by the Board.Members present. The meeting was therefore recessed at 3:00 o'clock P. M.; and scheduled to reconvene at 10:00 o'clock A. M. on Tuesday, December 30, 1975. ATTEST: G�/)� 4?0 APPROVED: v ZIA, City Clerk Mayor - , .... Board of Directors Chamber, - — Little Rock -, Arkansas — December 30, 3975 - 10:00 A. M. The Board of Directors, of the City of Little Rock, Arkansas met -in reconvened session from' December 22, 1975, with Mayor Wimberly, presiding. and-Jane'Czech, City Clerk; - and - the following Directors present: Directors Keith, Dailey,.Linkous, Bussey, Hollingsworth and'Young'- total -b; Absent - None: After an announcement by the Mayor of the presence of a quorum 1- the meeting began, and °the. proceedings are recorded as follows: The budget Ordinance for- the City of Little Rock for °the year 1976 was presented, being Ordinance No'. 13,126,: entitled: 1. . . . ._ AN ORDINANCE PROVIDING FOR THE ADOPTION OF A BUDGET FOR THE CITY OF- LITTLE ROCKIFOR THE PERIOD - BEGINNING JANUARY -1, 1976 -, AND ENDING DECEMBER-31;- 1976; - APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; DECLARING AN-EMERGENCY; AND FOR OTHER PURPOSES; and after the first reading of the Ordinance, a. lengthy discussion ensued. The need for additional revenue was discussed by Director Young, who also stated that he felt there was no waste in City government and it would be inappropriate to cut;the•budget at this time. Director Keith took exception to this viewpoint and called attention to the "steady increase in our people cost" to its present 76 percent of the total budget, and the.'growth of the entire budget over recent years from $10,000 to approximately $20;000.00. Reporting for the-Central Arkansas Transit's Policy Board, Director Linkous advised that the CAT budget had been.adopted and specified Little Rock's share as $325,000 toward the purchase of new buses and $74;000 toward.general operating costs. It was suggested by Director Linkous that the City Board consider only its proposed $200,000 budget appropriation for Little Rock's share during the year 1976 of the operating costs of the CAT. 'A Motion was made at this time by Director Keith, seconded by Director Dailey,. "that the City Manager be instructed to treat Little Rock's obligation to the CAT on a true partnership-basis with North Little Rock and Pulaski County, and that $200,000 be Little Rock's share for 1976." However, when submitted to a vote, the motion failed to be adopted by the following roll call vote: Ayes - Director Keith and Mayor Wimberly - total 2; Noes - Directors Dailey, Linkous, Bussey, Hollingsworth and Young - total 5; Absent - None. Mayor Wimberly then made a motion, seconded by Director Keith, "that the total budget allocation of $290,822 for Account No. 1300, the Office of Management Support, be reduced by 20 percent." The Director of this office, Mr. Sam Trotter, stated that the overall effect of such a budget cut would result in a staff reduction and elimination of one of the sections. He added that some of the employees' salaries are federally funded and the-loss of better skills and.Management by Objectives (MBO) would also result. Director Keith pointed out that there are seventeen persons on the Data Processing Staff, and maintained that the primary responsibility of the City is.to "catch crooks, put out fires, and pick up the garbage.' Director Dailey suggested that "maybe we are not ready for MBO" but, if the Board feels that cutting the budget is necessary, then it should be done on a wide scale, as opposed to singling out one department. An alternate motion was then made by Director Keith "that the City Manager be instructed to try to reducf the personnel costs to the City by five percent during 1976 and include an additional five percent reduction in personnel costs in the City's budget for 2977." In lieu of the alternate motion, Mayor Wimberly and Director Keith withdrew their previous motion and second pertaining to Account No. 1300. A roll call vote was then taken on the alternate motion whereby it was adopted as follows: Ayes -- _Direct( Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - None; Abstain- ing - Director Hollingsworth - total l; Absent - None. Responding to a suggestion by Director Linkous that consideration be given to reducing the City's 76 percent personnel costs by reviewing replacements, n DECEMBER 30, 1975, Cont'd. City Manager Carleton McMullin stated that each and-every position would be examined before being filled.. The rules-were then suspended.and.the Ordinance was placed on.its second reading by a motion from Director Linkous seconded b .Director. Busse > . which was unanimousl Y adopted by the Board Members present being seven in number and two- thirds or more of the.members of the Board of Directors - elect. The Ordi- nance was. read the .second ..time; after-which a. subsequent%motion'-was made by Director Linkous, seconded by Director Keith, for a further suspension of the rules to.allow for the third and final reading of . the Ordinance at this time.. The motion-was unanimously'adopted by the Board Members present, being seven in number and two - thirds or more of the-members of the Board of Directors - elect; and the Ordinance was then read the third and last.,time. The resulting. Aye and No Vote taken on the passage of the Ordinance received the following'.response:. Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth.and Young. - total 7;- Noes.- None; Absent - None.' The Emergency Clause contained in.Section 8 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors.Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth'and Young ­total 7; Noes - .None; Absent - None.- The Budget Ordinance for the City of Little Rock for the year 1976, together with the Emergency.Clause, was therefore declared passed. There-being-no further business to.be presentedl�or.to come before the Board of Directors at this ' time, upon motion of Director Keith, .seconded by-Director Dailey, and by unanimous vote of the Board Members present, the meeting was adjourned at 11:3.5 o'clock`A. M., to meet again in regular session y on Tuesday, January 6,, 976 at 7:30 o'clock P. M. ATTEST: R/YLC/ APPROVED: i City Clerk Mayor i Board of Directors Chamber Little:Rock, Arkansas January 6, 1976 - 7:30 P. M.. ::' The Board of Directors of the City of little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous; Bussey, Hollingsworth and Young - total 6; Absent - None. It was announced that there was a quorum in attendance, and the proceedings of the meeting are recorded as follows: The Invocation was given by Mayor Wimberly. First presented was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on December 16, 1975, and the.subsequent reconvened sessions of December 17, 22 and 30, 1975. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of November, 1975. (c) The proposed tour of the Little Rock Zoo by the members of the Board of Directors. (d) The proposed work session by the Board of Directors for a review of general policy of the Little Rock Police Department. By a motion from Director Bussey, seconded by Director Keith, which was unanimously adopted by the Board members present, the foregoing items were dispensed with as foZlaws: (a) The minutes were approved as written and summarized; (b) The Comparative Statement was received and filed; (c) The proposed tour of the Zoo was scheduled for 11:30 A. M. on Wednesday, January 14, 1976; and (d) A work session by the Board of Directors concerning Police policy was scheduled for 7:00 A. M., Thursday, January 29, 1976. (Vote 7 -0) A Public Hearing had been scheduled by Resolution No. 5,459 for this time and place for the purpo of affording any interested person the opportunity to speak either for or against the proposed closing of a portion of Scenic Boulevard,�.as requested by the Petition of William L. Tedford, Jr. and approved by the Planning Commission. The Notice of Public Hearing had been duly published on December 19, 1975 and December 26, 1975 as required by Law, and Mayor Wimberly officially declared the Public Hearing to be open. However, there was no one present who wished to come forward and address to the issue; there- fore, the Public Hearing was declared closed, and a proposed Ordinance providing for the vacating and closing of this street was placed on first reading. (See Ordinance No. 13,127, as follows) There was presented Ordinance No. 13,127, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING A PORTION OF SCENIC BOULEVARD, SCENIC HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Ordinance being read the first time; after which there was a motion from Director Bussey to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Dailey, adopted by unanimous vote of the Board members present, being seven in number and two - thirds or more of the.members of the Board of Directors - elect; and the Ordinance was read the second time. A subsequent motion by Director Bussey, seconded by Director Young, for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time, was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance led to the taking of an Aye and No vote on the passage of the Ordinance, which received the following response: Ayes - Directors Keith, Dailey Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was therefore declared passed. At this time, there was a discussion on the subject of establishing a schedule of rates for the Little Rock Municipal Water Works. A suggestion that this matter lie delayed was made by Director who stated that he would like to have more time to study the subject. In response, Director Keith L8 i JANUARY 6, 1976, Cont'd. contended that he had "the utmost confidence in Mr. Wilson (Director of the Water Works) and feel he has not made his recommendations in a frivolous manner; and out of respect to the people who came to the Public Hearing, we should go ahead and vote on this matter ". Concurring with Director Bussey, Director ' I Dailey added that he felt he would be better able to make a decision on the matter if time could be allowed for a study of the subject. 'Director Young then made a motion "that the Water Works rate issue bey deferred at present for further study, and pZaced on the January 28th Agenda for consideration of the Ordinance on February 2, 1976 ". The motion was seconded by Director Bussey and adopted by the following roll call vote: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Bussey;.Hollings- worth and Young - total 6; Noes - Director Keith - total 1; Absent - None. - The next presentation was Resolution No. 5,468, described as: A RESOLUTION AUTHORIZING THE CONVEYANCE BY THE CITY OF LITTLE ROCK, ARKANSAS OF CERTAIN REAL PROPERTY SITUATED IN PULASKI COUNTY, ARKANSAS TO THE ARKANSAS HIGHWAY DEPARTMENT; (Water Works Property) with the Resolution being read in full, and thereafter adopted upon motion of Director Linkous, seconded by Director Young, and the following roll'call vote: Ayes - Directors Keith and Dailey', Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes -None; Absent - None.' ' A proposed Resolution was presented, with thL title being: A RESOLUTION ESTABLISHING POLICY OF THE CITY OF LITTLE ROCK ON THE MATTER OF RATE MAKING FOR PRIVATELY OWNED PUBLIC UTILITIES; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, followed by a discussion. Director Dailey expressed his opposition to the City's becoming involved in rate making for private utilities; and Director Hollings- worth made a motion to the effect that "it would be appropriate to delay the matter at this time" due to lack of information, but the motion did not receive a second. Describing the rate making process as complicated and extensive, City Manager Carleton McMullin contended that the City's staff does not have the professional expertise to become involved in rate making. A respresentative of ACORN (Arkansas Community Organization for Reform Now), Mrs. Jo Humphrey, read a statement requesting that the Board exercise its legal authority under State Statute 73 -208 to supervise utility rates. Responding to an inquiry by Mayor Wimberly as to why Acorn did not protest the recent raising?8of the sewer and garbage rates, Mrs. Humphrey maintained that these rates are small in comparison with the electrical rates which ' take a much larger portion of a person's income. A motion was then made by Director Dailey, seconded by Director Bussey, that the proposed Resolution be submitted to a roll call vote; and the result,-n--g\ vote is described as follows:` Ayes - None; Noes - ,Directors Keith and Dailey, Mayor Wimberly;•Direciors Linkous, Bussey and Young - total 6; Abstaining - Director Hollingsworth - total 1; Absent— None. There was presented a proposed Ordinance, containing the following tithe: AN ORDINANCE DIRECTING ARKANSAS POWER AND LIGHT COMPANY•TO'LOWER'RESIDENTIAL AND SMALL BUSINESS RATES BY INCREASING LARGE COMMERCIAL AND LARGE INDUSTRIAL RATES ALL WITHIN THE CITY OF LITTLE ROCK; REFERRING THIS ORDINANCE TO THE QUALIFIED ELECTORS OF THE CITY OF LITTLE ROCK FOR THEIR ACCEPTANCE OR REJECTION AT A SPECIAL ELECTION; AND FOR OTHER'PURPOSES; and there was a first reading of the.Ordinance., The ensuing discussion'was prefaced by an inquiry from Director Young as- to•the cost of a special election, to which City Manager Carleton McMullin responded that it would amount to an estimated $12,000 to $15,000. City Attorney—Joseph--Kemp commented that it: would-be possible toehold such an election in conjunction with a•scheduled county -wide school election- on March -9', 1976, whereby the City would have"'to assume only a proportionate share of the election costs. Addressing the Board during this discussion, Mr. Clayton Lyons, a local Consulting Engineer, displayed a chart "which "according to his informations' pointed -out that industry-pays a larger electrical rate than residential users. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Hollingsworth, seconded by Director Young, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- . I JANUARY 6, 1976, Cont'd. elect. There was a second reading of the Ordinance; after which a subsequent motion was made by Direc Hollingsworth, seconded by Director Dailey, that the rules again be suspended and the Ordinance be plac on its third and final reading. Upon third and last reading of the Ordinance, the resulting Aye and No I I Vote taken on the passage of the Ordinance received the following response: Ayes - None; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Abstaining - Director Hollingsworth - total 1; Absent - None. AccordingZy, it was announced that the Ordi?iinde had faiZed to pass. �a O'rd'inance No. 13,128 was presented, with the title being: AN ORDINANCE AMENDING IN PART ARTICLES I AND IV OF CHAPTER 23 OF THE CODE OF ORDINANCES PERTAINING TO MOTOR VEHICLES FOR HIRE; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance: A motion then followed from Director Bussey, seconded by Director Young, for a suspension of the rules and the placing of the Ordinance on its second reading; which motion was adopted by unanimous vote of the Board members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; after which there was a motion by Director Bussey, seconded by Director Keith, to again suspend the rules to provide for the third and final reading of the Ordinance at this time. The motion was un- animously adopted by the Board Members present, being.seven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the third and last time. The passage of the Ordinance was then submitted to an Aye and No Vote which resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6 Noes - None; Abstaining - .Director Young - total 1; Absent - None. The Ordinance was, therefore, declared passed. Presented for consideration.at this time was.Resolution No. 5,469, entitled: A RESOLUTION GRANTING ARKANSAS BUILDING COMPANY A FRANCHISE TO ERECT-FENCING-IN PUBLIC RIGHTS OF WAY; AND FOR OTHER PURPOSES; (Vicinity of East 3rd Street across Byrd Street) and the Resolution was read in its entirety. A motion by Director.Linkous,.seconded by Director Keith, resulted in a roll call vote whereby the Resolution -was adopted as follows: Ayes. - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. ' There was presented Resolution No...5,470, described as: A RESOLUTION DIRECTING THE CITY MANAGER TO DEVELOP RECOMMENDATIONS FOR TRANSFER OF VARIOUS FROM THE POLICE DEPARTMENT; AND FOR OTHER PURPOSES; with said Resolution being read in full, and thereafter adopted upon motion of Director Keith, seconded by.Director Linkous, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The next presentation was Resolution No. 5,471, containing the following title: A RESOLUTION PROVIDING AN AMENDMENT TO THE FRANCHISE OF OPERATION OF WRECKER SERVICE IN THE CITY OF LITTLE ROCK, DATED MAY 28, 1974; AND FOR OTHER PURPOSES; with there being a full reading of the Ordinance. Director Linkous expressed his disapproval of the provisions of the Resolution, stating that the contract was awarded to May 28, 1976 with a one -year option; and "then before the contract expires, we are asked to raise'rates'.— A roll call was then taken as a result of a motion from Director Hollingsworth, seconded by Director Ki- 'which'rebeived the following response: Ayes - .Directors Keith and Dailey, Mayor Wimberly, Directors Bussey, Hollingsworth and Young - total 6; Noes - Director Linkous - total 1. Absent - None. The Resolution was therefore adopted... - io �5 i JANUARY 6 1976, Cont'd. At this time,-Resolution No: 5,472 was-presented, with the title being: A RESOLUTION RECOGNIZING CERTAIN PUBLIC PROJECTS AS HAVING PRIORITIES FOR CONSTRUCTION AND THUS ' ENCROACHMENT IN THE FLOOD PLAIN OF THE ARKANSAS RIVER - LITTLE ROCK REACH; AND FOR OTHER PURPOSES; which Resolution was read-in full. City Manager Carleton McMullin advised that the United States Corps of Engineers had refused to issue a permit to the Little Rock Port Authority for construction of a Slack -Water Harbor; and that if North Little Rock and Pulaski County will follow the precedent set by the Little Rock Board in this instance, then the matter will be resolved. Director Young commented that the provisions of this Resolution would give public development priority over private development. A roll call was then taken, resulting from a motion and second by Directors Hollingsworth and Keith, respectively, whereby the Resolution was adopted as follows: Ayes.- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Resolution No. 5,473 was introduced, and entitled: A RESOLUTION'APPOINTING AN ADVISORY COMMITTEE FOR THE LAND USE GUIDANCE SYSTEM STUDY; AND FOR OTHER PURPOSES; which Resolution was read in full; after which there was a motion from Director Young, seconded by. Director Keith, for adoption of the Resolution. A roll call was taken and the Resolution was adopted ' by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. There was presented Resolution No. 5,474, described as: A RESOLUTION MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS;.AND FOR OTHER PURPOSES; (Appointments to Airport Commission, Board of Electrical Examiners, Library Board of Trustees, and Planning Commission) i with said Resolution being read in its entirety. A motion was made by Director Bussey, seconded by Director Young, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total.7; Noes; None; Absent - None. Next presented was Resolution No. 5,475, entitled: A RESOLUTION IN MEMORIAM OF RAYMOND,H. REBSAMEN; and there was a complete reading of the Resolution, followed by a motion from Director'Hollingsworth, ' seconded by Director Young, that the Resolution be adopted. The resulting roll call adopted the Resolution as herein described:. Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Resolution No. 5,476 was presented, with the title being: A RESOLUTION IN MEMORIAM OF JAMES H. PENICK; and said Resolution was read in full, and subsequently adopted upon motion of Director Keith,,seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The final item presented was Resolution No. 5,477, entitled: A RESOLUTION IN MEMORIAM OF WILLIAM F. "BILLY" RECTOR; and after a full reading of the Resolution, there was a motion by Director Dailey, seconded by Director Keith, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total,7; Noes - None; Absent - None. ' At this-time, Director Keith stated that he wished to call attention to the proposed condemnation by the City of ten acres of land which he owns adjacent to the City's Material Yard. Director Keith added that he wanted this matter made known prior to any decision by the Board of Directors and before the courts set a.price to be paid for the land. . JANUARY 6, 1976, Cont'd. Mr. Bernie Cox and Mr. Finley Vinson then spoke briefly, commending the Members of the Board of Directors for their patience, dedication, time and efforts in conducting the affairs of the City. Mr. Howard Love, Director of the Urban.League,, asked that the Board reconsider its decision to contribute only $200,000 to.the operation of the Central Arkansas Transit (CAT) for the.year 1976. He maintained that the resulting reduction in bus service would "place an undue burden on people who already have an undue burden because oftheir economic.condition ". There being no.further_ business to be considered or to come before the Board at this time, upon motion of Director Linkous, seconded by Director Bussey, and by unanimous vote of the Board . members present, the meeting was adjourned at 9:00 o'clock P. M., to,meet again in regular session on Tuesday, January 20, 1976 at 7:30 o'clock P. M. ATTEST: etn� APPROVED: ' VV City Clerk Mayor ' I I LI'S 7 Board of Directors Chamber Little Rock, .Arkansas January 20, 1976 - 7:30 P. M. The Board of Directors of the City of Little Rock; Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech,'City-Clerk, and the following Directors present:`, Directors Keith, Dailey, Bussey and Young - total 4; Absent - Directors Linkous and- Hollingsworth - total 2. It was announced by the Mayor that a quorum was present; and the proceedings of-the meeting are recorded as follows: The Invocation was given'by Mayor Wimberly. Presented first was the Consent Agenda, consisting of the following items: - (a) The Minutes of the previous meeting held on January 61 1976. (b) The Audit Report of the Oakland- Fraternal Cemetery for a period ending October 31, 1975. (c) The Report-pertaining-to existing'Ordinance control of motorcycle mufflers within the City of Little Rock. By a motion from Director Young, seconded by Director Bussey, which was unanimously adopted by the Board members present, the foregoing items were dispensed with as foZZows: (a) The minutes were approve ' as written and summarized; (b & c) The Reports were received and filed. The following Zoning Petitions were presented next: Z -2971 - From J. Dan Baker to rezone property located at 911 East 8th Street, described as Lots 1, 2 and the east one -half of Lot 3, Block 11, Woodruff Addition to the City of Little Rock, Arkansas, from "C "'Two- family District to "H" Business District. Z- 2621 -A - From C. E. and G. E. Boyd to rezone property located at 4700 South University Avenue (See Petition for lengthy legal description) from "F" Commercial District to "G -1" Commercial District. As the foregoing Petitions had received the approval of the Planning Commission and there was no one present in opposition to the proposed rezoning, an Ordinance to reclassify these properties was placed on first reading. (See Ordinance No. 13,129, as follows) Ordinance No. 13,129 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Director Dailey, seconded by Director Keith, to again suspend the rules and place the Ordinance.on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The question of the passage of the Ordinance was at this time submitted to an Aye and No vote, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor. Wimberly, Directors Bussey and Young - total 5; Noes - None; 'Absent - Directors Linkous. and Hollings- worth - total.2. The Ordinance was declared passed. Zoning Petition No. Z -2974 from Ms. J. D. Plant was presented at this time. The petition contained a request for the rezoning of property located at 703- Beechwood, "described•as the South one -half of Lot 11, Block 20 of the Pulaski Heights Addition to the City of Little Rock, Arkansas; from "D "Apartment District to "E -1" Quiet Business District, as approved by the Planning Commission. The petitioner, Ms. Plant, spoke briefly on behalf of a prospective buyer for the property and asked that the original request'for "F" Commercial zoning, -which had been denied by the - Planning Commission, be considered by the Board to allow for use of-the property for an antique shop.* She contended that this usage would be an asset to the neighborhood, and that the prospective buyer would be willing to sign an agreement where - rip— 188 , 1976, Cont'd. erty would revert back to "E -1" Quiet Business District in the event of resale. Director ssed the opinion that this area was in transition and suggested that the Petitioner accept an r13,130 sification at this time. There was no other person present who wished to address to the issue; an Ordinance to reclassify the subject property was placed on first reading. (See Ordinance , below) I Presented at this time was Ordinance No. 13,130, entitled: AN ORDINANCE RECLASSIFYING 703.BEECHWOOD-IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Keith, seconded by Director Bussey, for a suspension of the rules to provide for the second reading of-the Ordinance; which motion was unanimously adopted by the-Board members present; °being'five:in number and two - thirds or more of the members of the Board of-Directors-elect-.--After the'.second reading-.of the Ordinance, there was a subsequent motion by Director Keith, seconded by Director- Young, that -the rules again be suspended and the Ordinance be placed on its third -and final.reading. The motion -was adopted by unanimous vote of.-the Board Members present; and the Ordinance was readrthe. third °and - last -time. -The resulting Aye and No Vote taken on the passage of the Ordinance-is' recorded as-follows:- Ayes---Directors-Keith and Dailey, Mayor Wimberly, Directors Bussey and Young - total 5; Noes - None; Absent - Directors Linkous and Hollings- , worth - total 2. It was announced that the-Ordinance had passed. At this time, Zoning Petition No; Z- 2609 -A from the McMinn Leasing Corporation was presented, requesting the reclassification from "A" One - family District to "MF 6" Multi- family District of property located in the 3600 and 3700 Blocks of Whitfield Street, described as-Lots 7, 8 and 9, of Block 3, Lots 2 through 12 of Block 4, Lots 1, 10, 11 and 12 of Block 13, and Lots 4 through 9 of Block 14, all in the John Barrow Addition to the City of Little Rock, Arkansas. There were approximately 25 persons present in opposition, and the first to speak was Mr. Austin Rice -who stated he had obtained an opposing petition containing 161 signatures of residents in the surrounding area. Mr. Rice based his objections upon the alleged inability of the streets to.handle the additional traffic generated by such a development, which he stated would by necessity be routed through-the single - family residential area; and the close proximit, of the area to Rock Creek, which he contended would result in periodic flooding conditions. Mrs. Dora Jackson, Principal of Wilson Elementary School which is located in the vicinity of.the subject property, I urged the Board to either deny this request or make some provision for the safety of the school children, whom she contended would.be endangered en route to and from school by the increased traffic. Other ' residents who spoke in protest were Mr. Frank Graves who challenged the capacity of the existing sewer line to accommodate the proposed development; stating that despite a petition presented by residents of his block, they had been unable to obtain access to.the sewer line; and Mrs. Kathleen Baswell whose objection centered upon a proposed driveway leading to the development, which she stated would be situate in close proximity with her residence and the-noise created by traffic along this drive would be dis- turbing. Attorney Ben McMinn, who-is also the Petitioner, explained that the rough terrain of the property, which included a 90 -foot drop in one area, made the property impractical for construction of single- family residences. He stated that he planned at present.to construct four townhouses in a clustered arrangement due to the terrain,.and -if successful, two additional townhouses would be added at a later date. .Declining Director Young's.suggestion that the zoning request be confined only to the lots to be utilized.for this project, Mr. McMinn added that the "MF 6" zoning under his proposed plan would i reduce the density which currently exists. At this time, a proposed Ordinance was placed on first reading. (See proposed Ordinance, as follows) , There was presented a proposed Ordinance, containing the following title; AN ORDINANCE RECLASSIFYING 3600 AND 3700 BLOCK OF WHITFIELD STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; �I II JANUARY.20,.1976, Cont'd., and after a first reading of--the Ordinance; -there was a motion by Director-Bussey that the Ordinance -be left the calendar "'for second reading. The motion was seconded by Director Young, and submitted to a on roll call vote which received the following response: Ayes - Mayor Wimberly and Directors,Bussey and ' Young - total 3; Noes - Directors Keith and Dailey - total 2; Absent - Directors Linkous and Hollings- worth - total 2. Following an announcement that the motion had failed, there was a subsequent motion by Director Dailey, seconded-by- Director Keith, to.suspend the rules and place the Ordinance on its second reading. A roll call vote-was taken whereby-the motion,failed by the following vote: .Ayes n :Directors Keith and Dailey, and-Mayor- Wimberly - total 3; 'Noes - Directors Bussey ana "Young -, total 2 `.` Absent - Directors Linkous and Hollingsworth -- 'total 2.' Accordingly,•it was announced that the motion to.suspend the rules had'failed, and the Ordinance would remain.on the calendar for.second reading on,February 3, 1976. 'The next presentation was tfi-e Petition'of the Bonanza Realty-Company, Inc. requesting the vacating and-closing of. the East '10 feet.of ; the' Jackson - Street right -of -way . beginning. -.at 12th - Street and proceed- ing South 140 feet, which Petition. had received, the, approval of the,Planning Commission._ Accompanying the Petition were the following'documentst•' A:letter from the Beach Abstract and Guaranty Company certifying to-the last apparent.owner of. record of the :abutting property; and a ".certified.•copy of ' Survey No. 720 by W:.:William Graham, Jr., Registered Land Surveyor, as`the same now appears of record in the Office of the Circuit Clerk of.Pulaski•County, Arkansas. (See Resolution No.. 5,478, setting the date of Public Hearing on this`Petition. for February 17; °1976 at 7:30 o'clock P. M.) Resolution No. 5;478 was-presented and entitled: RESOLUTIOR OF THE -BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK; ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF JACKSON STREET LOCATED IN THE 12TH STREET „PIKE ADDITION TO THE -CITY OF LITTLE ROCK, ARKANSAS; i and after a full reading of the Resolution, there was a motion from Director Keith, seconded by Director Dailey; that`the Resolution be adopted. A roll call was.taken which resulted in- .adoption-of,the.Reso- lution by the following -vote: Ayes'= Directors;Keith. and "Dailey, Mayor” Wimberly, Directors.Bussey and. Young - -total 5; Noes = None; Absent - Directors Linkous = and Hollingsworth-- total 2. The 'Petition of -:Mary E•: Gulley and James H._ Stephens: was. presented at this'. time Jon! the, purpose of vacating and closing .a portion, of.-.West 27th - Street, located, between Lot 6, Block'_5.and Lot •1•,,Block 6, of the Dickinson. Mill. Addition ..to the City. of: Little Rock;. Arkansas,.. which had been. approved :by. 'the Planning Commission. Included with the Petition were a letter from'the Beach Abstract and Guaranty Company certifying to. the abutting - property owners,. and a "certified copy of the; plat of •Dickinson Mill Addition as recorded in Plat Record Book No'. 1 at Page 238'in the office of the Pulaski County Circuit L Clerk. (See Resolution N6. 5,479, designating a Public-Hearing on -this subject to be at -7:30 - o'clock on February 17, 1976). . There was preserited Resolution No. 5,479,- described.as: RESOLUTION OF THE BOARD OF DIRECTORS -OF THE CITY.OF LITTLE'ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO`VACATE .THE "•STREET BETWEEN�LOT•6, BLOCK'S; - AND LOT 1, BLOCK`6, DICKINSON MILL ADDITION TO THE CITY OF- LITTLE ROCK, ARKANSAS; with the Resolution'being read ih.full and subsequently adopted "as the result of a motion by Director Keith, seconded by Director Dailey, and-the following -roll -call vote: Ayes - ''Directors Keith and Dailey, Mayor Wimberly; ".Directors Bussey and Young`- total 5; Noes - 'None; Absent - Directors Linkous and Hollingsworth - total 2. ' Presented for consideration at this time was the Petition of the Little Rock Housing Authority and Mrs. Eloise D: Cain, requesting the vacating and closing of a portion of the North -South alley located within Block 5,-Cox's Subdivision of Taylor and'Bodeman Addition to the City of Little Rock, Arkansas, as approved by the Planning Commission-. 'Attached 'to the Petition was a map of Cox's Subdivision, designating the location of the proposed.alley closure. (See Resolution No. 5,480 as follows, which 1 JANUARY 20, 1976, Cont'd. sets the date of Public Hearing on this Petition, for 7:30 o'clock-P. M., February 17, 1976) Presented at this time was Resolution No. 5,480, with the title being: A RESOLUTION FIXING A DATE FOR A HEARING ON.A PETITION TO.VACATE,_ABANDON AND CLOSE THAT PORTION OF ' THE NORTH -SOUTH ALLEY LOCATED WITHIN.BLOCK 5, COX'S SUBDIVISION OF.TAYLOR.AND BODEMAN ADDITION-TO THE, CITY OF LITTLE ROCK, WHICH. PORTION IS LOCATED BETWEEN LOTS 4, 5 AND.6,.AND LOTS 7,.8 AND.9, COX'S•SUB- DIVISION OF TAYLOR AND BODEMAN ADDITION TO THE CITY OF LITTLE ROCK; (Located in University Park Urban Renewal Project ARK R -51) which Resolution was read in its entirety.. A motion by Director Keith, seconded by Director.Dailey, .. resulted in a roll call vote.whereby.the.Resolution was adopted.as herein described: Ayes.- Directors. Keith and Dailey ,,-:Mayor Wimberly, Directors Bussey and Young,- total 5; Noes - None; Absent - Directo Linkous and Hollingsworth - total 2. Submitted for.approval by the Board at.this time was a Report of Commissioners of.Sewer5Improve- ment District No. 143 which encompasses the Westwood Area,.in which the cost of improvement to be assigned and charged upon the real property of the district was estimated at $95,000.00. Included with the Report was a Certificate of Approval by the Arkansas Department of Health which approved the plans and specifications, subject to..certain;conditions as set out in the Certificate. _By a•motion from ll.. Director Young, seconded by Director Dailey,•,which was unanimously adopted,by the Board members.present, ' the Report of Commissioners and the Certificate were received and filed. (See related Resolution No: 5,481; which follows) Resolution No. 5;481 was presented, and entitled: RESOLUTION APPROVING PLANS.AND APPOINTING ASSESSORS IN SEWER IMPROVEMENT DISTRICT NO. .143 OF LITTLE ROCK, ARKANSAS; (Westwood Area) with there being a complete reading of the Resolution. A,motion was. then made by Director Young, by Director Dailey, which resulted in adoption of the Resolution -by the following roll call.vote: Ayes Directors Keith and Dailey,�Mayor.Wimberly, Directors Bussey and Young - total.5;. Noes - None;. Absent Directors Linkous and Hollingsworth - total.2. The next presentation was Ordinance No:-13,131, containing the following title: AN ORDINANCE AWARDING CONTRACTS AND APPROVING PURCHASES OF VARIOUS ITEMS TO BE USED BY THE CITY OF LITTLE ROCK DURING THE YEAR 1976; AUTHOR- IZING,PAYMENT; APPROPRIATING FUNDS; WAIVING COMPETITIVE ' BIDDING; AND FOR OTHER PURPOSES; i (Various supplies for all Departments, including oil products, gasoline, pipe, cement, zoo animal . food, parts and maintenance for certain equipment, etc.; and contract for trash collection) and, upon first reading of the Ordinance, there was a motion by Director Dailey to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Keith, unanimously adopted by the Board members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were again suspended and the Ordinance was placed on its third-and final reading, by a motion again made and seconded by Directors Dailey and Keith, respectively, which was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors- elect. The third and last reading of the Ordinance subsequently resulted in the taking of an Aye and No vote on the passage of the Ordinance, with the vote response being: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey and Young - total 5; Noes - None; Absent - Directors Linkous and Hollingsworth - total 2: The Ordinance was therefore declared to have been passed. ' Introduced at this time was Resolution No. 5,482, described as: A RESOLUTION DIRECTING THE DIRECTOR OF FINANCE TO ESTABLISH AND MAINTAIN A SPECIAL BICENTENNIAL ACCOUNT FOR CERTAIN BICENTENNIAL PROJECTS IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; I _ I X191 JANUARY 20, 1976, Cont'd. i and said Ordinance was read in full;.after which there was_a motion by.Director Dailey, seconded-by Director Keith, that the Resolution be adopted. The resulting roll call-vote adopted.the.Resolution..as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors.Bussey and -Young - total 5; ' Noes - None; Absent - 'Directors Linkous and Hollingsworth -,total 2. Ordinance No. 13,132 was.presented, with the title being: AN ORDINANCE AMENDING ORDINANCE:NO..13,122 OF THE 'BOARD-OF DIRECTORS.PASSED.DECEMBER 16,,1975 PERTAINING -TO THE FRANCHISE TAX AGAINST ARKANSAS LOUISIANA GAS COMPANY; AND FOR OTHER PURPOSES; with'there being a first reading of the Ordinance. A motion was made by Director Young, seconded by Director Dailey, for a_suspension-of the rules to'allow for the second reading of the Ordinance. The motion was unanimously adopted by the Board members present,.being -five in number and two- thirds or more of the members of the Board of Directors - elect; and the,Ordinance was then read,the second time. An ensuing motion was made at this time which suspended the rules and placed the Ordinance on its third and final- reading, with - the - motion -being made by.Director Dailey,.seconded.by Director Keith, _and unanimously adopted by the Board Memb'ers'.present,:being -.five in number and- .two - thirds or.more.of the members -of the Board of -Directors-elect; .There was.a.third.and last reading of the.Ordinance;• after . which an Aye and No'vote was taken on the passage of. -the Ordinance which received the following response:. Ayes - Directors Keith and Dailey,-Mayor Wimberly; Directors.-Bussey and Young'- .total 5; Noes _ ,None;. Absent - Directors Linkous and.Hollingsworth -,total 2. The Ordinance:was declared passed. Then presented was Resolution No. 5,483,.entitled: A RESOLUTION WAIVING THE RIGHT OF ACQUISITION OF CERTAIN LANDS DESIGNATED IN THE MASTER PARKS . PLAN;-AND FOR.OTHER PURPOSES; (Release of Park Site 9 NF from Master Parks Plan _ Lots- 1;'2,,3,._4. and 5,.Block_32, Success Addition, located four blocks north-of West Markham Street on Hughes Street) ' and the Resolution was read in its entirety; after which there was amotion from Director'Keith, seconded by Director Young, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey and Young - total 5; Noes - None;' Absent - Directors Linkous and Hollingsworth - total 2. Presented for consideration at this time was Resolution No. 5,484, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONTRACT WITH THE LITTLE ROCK OPPORTUNITIES INDUSTRIALIZATION CENTER FOR AN EXPANDED PROGRAM UNDER THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT; AND FOR OTHER PURPOSES; and said Resolution was read in full. There was a motion by Director Keith, seconded by Director Young, for adoption of the Resolution. The ensuing roll call vote then provided for the adoption of the Resolution as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly., Directors Bussey and i Young - total 5; Noes - None; Absent - Directors Linkous and Hollingsworth - total 2. There was presented. Resolution'No. 5,485, entitled: - A RESOLUTION OPPOSING A PROPOSED LEGISLATIVE BILL WHICH WOULD -DENY MUNICIPALITIES ANY PLANNING AND ZONING POWER OUTSIDE THE CORPORATE:LIMITS OF SUCH MUNICIPALITIES; AND FOR OTHER PURPOSES; (Senate Bill No. 88) which Resolution was read in full and.thereafter adopted upon-motion of Director Bussey, seconded by Director Keith; and the following.roll call vote: Ayes - Directors Keith and Dailey, Mayor.Wimberly, Directors Bussey and Young - total 5; Noes. - .None; Absent - Directors Linkous and Hollingsworth, - total 2. ' The final presentation from the Official Agenda was Resolution No. 5,486, entitled: A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Appointments to the Parking.Authority and the City Beautiful Commission), 192 � JANUARY 20, 1976, Cont'd. and there was a full.reading..of the Resolution. A motion by Director Bussey,.seconded:.by Director Dailey, then led to.a roll call.Vote.which adopted the Resolution as follows: Ayes- Directors Keith and Dailey, Mayor Wimberly, Directors Bussey and Young - .total 5; Noes - None; Absent - Directors Linkous and Hollingsworth - total 2. ' A general discussion began at this time with City Manager Carleton'McMullin calling attention to a scheduled meeting with representatives.of .the City of North Little Rock to be "held at the Little Rock Public Library at 7:.00 o'clock P. M. on Tuesday, January`27, 1976'f6r the purpose of discussing public transportation matters. It was then suggested by Director Young that at some future date "the Board meet to discuss budget policy and ways of giving aid and direction'to the.manager in the preparation of the 1977 budget, and stated "the Board should isolate very quickly those areas we're going to have to make, i some policy decisions•about: "' Director Keith contended that the Board'could at the same meeting discuss both budget policy and the subject of additional.revenue sources.` In the time allotted'for.Citizens' Communications,'Mr. Harvey Hoffman requested that the Board explore the possibilities of .installing_in public and business buildings Braille indicator buttons for elevators, Braille restroom indicators, and various other.devices to assist blind persons. 'Mayor Wimberly expressed his support for.the suggestion;,and Director Young'suggested:,that the'City proceed with the installation of such aids in its.facilitie s and'subsequently prepare a Resolution urging all ' business establishments-within the-City to follow.this precedent. 'The Board Members present expressed•• their support of this suggestion and recommended that the City Attorney prepare a Resolution to this effect. .- - :I- , At this time, Mayor Wimberly called attention to the fact that Mrs. Nancy Wooten, Secretary to . the City Manager; had completed her. ;twenty- first':anniversary with the,City. Mayor Wimberly expressed his admiration for Mrs. Wooten, both as a person and as,an employee of the City, and recommended that a Resolution of appreciation and recognition be prepared and presented to Mrs. Wooten, to which the Board Members present concurred. There being no fruther business to be presented, or to come before the Board of Directors at this time, upon motion of Director Keith, seconded by Director Dailey, and by unanimous vote of the Board Members present, the meeting was adjourned at 8:30 o'clock P. M. to meet again in regular session on Tuesday, February 3, 1976 at 7:30 o'clock P. M. ATTEST: APPROVED: j City Clerk Mayor I ' �.93 Conference Room, City Hall Little Rock, Arkansas ' February 3, 1976 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session in the Conference Room adjacent to the Board of Directors Chamber, due to a pre - scheduled Public Hearing on a Land Use Study of the City being in progress in the Board Chamber at the same time, and which was attended by a large delegation of interested citizens. Present at the Meeting was Mayor George Wimberly, who presided, Jane Czech, City Clerk, and the following Directors: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. With there being a quorum present, it was so announced by the Mayor, and the meeting then proceeded as herein described: The Invocation was given by Mayor Wimberly. The first item presented for consideration was the Consent Agenda, consisting of the following items: (a) The reading of the minutes of the previous meeting held on January 20, 1976. (b) The Annual Financial Report for the City of Little Rock, Arkansas for the period ending December 31, 1975. (c) Resolution No. 5,487, entitled: A RESOLUTION OF COMMENDATION AND APPRECIATION. (To Mrs. Nancy Wooten, Secretary to the City Manager for 21 years of service to the City of Little Rock) By a motion from Director Young, seconded by Director Keith, which was unanimously adopted by the Board Members present, the foregoing items were dispensed with as follows: (a) The minutes were approved as written and summarized; (b) The Financial Report was received and fiZed; (c) Resolution No. 5,487 was read in full and adopted, 7 -0. Presented for second reading at this time was a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 3600 AND 3700 BLOCK OF WHITFIELD STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS;_ ' AND FOR OTHER PURPOSES; and a second reading of the Ordinance ensued (See Page 188 of this Minute Record for presentation of Petition and first reading of proposed Ordinance). The Petitioner, Mr. Ben McMinn, again stated that much of the land was unsuitable for development because of the rough - terrain, and explained...that _ he would like the property rezone in order to avoid set -back requirements and enable him to build a cluster of single -unit townhouses. Mr. McMinn agreed to exclude ten lots from the original zoning request, thereby reducing the number of allowable units to thirteen. Present to protest the proposed rezoning were approximately 30 residents of the John Barrow Addition, in which this four -acre tract is located. Several speakers from this group argued against the rezoning on the basis that the streets in the area could not handle the traffic generated by such a development, andaan "ME 6" reclassification, as requested, could conceivably result in a much larger density at some future date than is presently planned by the Petitioner. Mr. James A. Finch, Chief of the Planning Division, advised that the zoning application could be amended to modify the zoning request to exclude ten lots as suggested by Mr. McMinn, ' and added it was conceivable that, without rezoning, the Board of Adjustment might allow a single - family cluster development of this property. It was contended by Director Linkous that to change the character of a single - family residential area was a much broader issue than the question of density. There was a motion at this time by Director Young "that the Ordinance be amended to delete the ten lots located in Block 4 from rezoning "; however, the motion did not receive a second and, therefore, failed. The rules FEBRUARY 3, 1976, Cont'd. were then suspended and the Ordinance placed on its third and final reading by a motion made by Director Hollingsworth, seconded by Director Keith, and adopted by the following roll call vote: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Hussey and Young - total 5; Noes - Directors Dailey and ' Hollingsworth - total 2; Absent - None. There was a third and final reading of the Ordinance; after which, the passage of the Ordinance was submitted to an Aye and No roll call vote which received the following response: Ayes - Director Dailey - total 1; Noes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey and Young - total 5; Abstaining - Director Hollingsworth - total 1; Absent - None. Accordingly, it was announced that the Ordinance had failed to pass. A Public Hearing, originally scheduled for January 6, 1976 and postponed until this date, was officially declared to be open at this time, and all persons wishing to address to the issue of the proposed rate increase by the Little Rock Municipal Water Works were invited to come forward and be heard. As there was no response, the Public Hearing was declared closed and a proposed Ordinance was placed on first reading. (See Ordinance No. 13,133, as follows) Ordinance No. 13,133 was presented, with the title being: AN ORDINANCE ESTABLISHING A SCHEDULE OF RATES FOR THE LITTLE ROCK MUNICIPAL WATER WORKS AND FIXING THE EFFECTIVE DATE THEREOF; with said Ordinance being read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director.Hollingsworth, seconded by Director Bussey and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, and a subsequent motion from Director Hollingsworth that the rules again be suspended and the Ordinance placed on its third and final reading. The motion was seconded by Director Dailey, unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The ensuing Aye and No vote taken on the passage of the Ordinance received the following Aye and No response: Ayes - Directors Keith and Dailey, Linkous,-Bussey,IHollingswar.theaiid Youngyr,$ota1=6.° "'Noes`= Mayor•,Wltberlt Itotal'1. Absent None.. The Ordinance was then declared passed. The next presentation was Ordinance No. 13,134, entitled: AN ORDINANCE APPROPRIATING FUNDS TO PAY THE CITY'S SHARE OF METROCENTRE PHASE I COSTS; AND FOR OTHER PURPOSES; , (Appropriation of $116,000 from the General Fund) and upon first reading of the Ordinance, there was a motion by Director Hollingsworth, seconded by Director Dailey, to suspend the rules and place the Ordinance on second reading. The motion was adopted by unanimous vote of the Board members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. A motion was then made by Director Dailey, seconded by Director Bussey, to suspend the rules to allow for the third and final reading of the Ordinance at this time; which motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance which received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared passed. Mayor Wimberly was excused at this time, and Assistant Mayor Hollingsworth assumed the chair for the remainder of the meeting. , There was presented Resolution No. 5,488, containing the following title: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF SANITATION TRUCKS, FOR LIGHTING IMPROVEMENTS AT DUNBAR COMMUNITY PARK AND FOR THE ANNUAL PURCHASES OF CATERPILLAR PARTS AND MAINTENANCE SERVICE; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; 1 i'I FEBRUARY 3 1976, Cont'd. with the Resolution being read in its entirety; after which there was a motion by Director Linkous, seconded by Director Young, that the Resolution be adopted. A roll call was then taken and the Resolut was adopted by the following vote: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None; Absent = Mayor Wimberly - total,l. Resolution No. 5,489 was the next presentation, with the title being: A RESOLUTION AMENDING RESOLUTION NO. 5,465 TO CORRECT A LAND DESCRIPTION CONTAINED THEREIN AND ACCEPTING A WARRANTY DEED TO LAND IN THE CITY OF LITTLE.' ROCK TO BE USED FOR PARK PURPOSES; AND FOR OTHER PURPOSES; (Warranty Deed from the Thom family) and the Resolution was read in full. A motion from Director Bussey, seconded by Director Keith, resul in a roll call vote whereby the Resolution was adopted as herein described: Ayes — Directors Keith, Dailey, Linkous and Bussey,. Assistant Mayor Hollingsworth, and Director Young - total.6; Noes - None; Absent - Mayor Wimberly - total 1. The last item presented from the Official Agenda was Resolution No. 5;•490, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE BOARD OF ADJUSTMENT, THE LITTLE ROCK SAFETY COMMISSION AND THE SIGN REVIEW BOARD; AND FOR OTHER PURPOSES; with there being a complete reading of the Resolution. A roll call vote, resulting from a motion by Director Bussey, seconded by Director Young, then adopted the Resolution as.follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. There being no further business to be presented or to come before the Board of Directors, upoh motion of Director Keith, seconded by Director Linkous, and by unanimous vote of the Board Members present, the meeting was adjourned at 8:30 o'clock P. M. to meet again in regular session on Tuesday, February 17, 1976 at 7:30 o'clock P. M. ATTEST: City Clerk APPROVED: Mayor 95 Board of Directors Chamber Little Rock, Arkansas , February 6, 1976 - 3:00 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in the Board Chamber with Mayor George Wimberly announcing that an Executive Session was being called to 'discuss personnel matters. City Clerk Jane Czech called the roll with the following Board Members present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. Director Hollingsworth then made a motion that "the Board go into Executive Session in the Board's Conference Room." The motion was seconded by Director Keith and unanimously adopted by voice vote. Board of Directors Chamber 4:45.P. M. II The Board reconvened from Executive Session with the following Board Members answering roll call: Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Absent - Director Dailey - total 1. Mayor Wimberly stated -that in the Executive.Meeting, the City Manager-had been instructed to attempt to correct some discrepancies in middle management personnel. Director Hollingsworth then made a motion to adjourn, seconded by Director Keith. The motion was unanimously adopted by the Board Members present and the Meeting adjourned at 4:55 o'clock P. M. ATTEST: I' APPROVED: )City Clerk Mayor 1 Board of Directors Chamber Little Rock, Arkansas ' February 17, 1976 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth-and Young - total -6; Absent - _None. As there was a quorum in attendance, it was so announced, and the proceedings of the meeting are recorded as follows: The Invocation was given.by Director Dailey. The first presentation was.the Consent Agenda, consisting of the following items: (a) The minutes of the previous meeting held on February 3, 1976. (b) Comparative Statement of Income Account of the Little Rock'Municipal Water Works for the month of December, 1975. (c) Request for departmental policy work session. (d) Report regarding implementation schedule of Resolutions No. 5,463 and 5,464 pertaining to accessibility of various facilities for the handicapped and elderly. By a motion from Director Keith, seconded by Director Hollingsworth, which was unanimously adopted by the Board Members present, the foregoing items were dispensed with as follows: (a) The minutes-,of the previous meeting were approved as written and summarized; (b) The Corrmparative Statement was received and fiZed; (c) A departmental policy work session was scheduled for Thursday, March 25, 1976 at 7:00 o'clock A. M.; and (d) The Report pertaining to facilities for the handicapped and elderly was received and filed; 7 -0. The following Zoning Petitions were then presented: i Z- 2106 -B - From Rector - Phillips -Morse to rezone 1725 Rebsamen Park Road (See Petition for lengthy legal description) from "MF -18" Multi- family District and "E" Apartment District to "E" Apartment Distric and "E -1" Quiet Business.District. Z -2977 - From D. B. Hill to rezone 1700 block of East 6th Street, described as Lots 1, 2, 3, 4, 5 and 6 of Block 30, Garland Addition, from "C" Two - family District to "I" Light Industrial District. i As the Petitions had received the approval of the Planning Commission on February 5, 1976, and as there was no one present to speak in opposition, a proposed Ordinance to reclassify the above - described properties was placed on first reading. (See Ordinance No. 13,135, as follows) There was presented Ordinance No. 13,135, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTIONS 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER-PURPOSES; with the Ordinance being read the first time; after which there was a motion from Director Bussey, seconded by Director Linkous, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board members present, being seven in.number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended at this time to allow for the third and final reading of the Ordinance by a motion again made and seconded by Directors Bussey and Linkous, respectively; which motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, the ensuing ' Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was declared passed. . Next presented was Ordinance No. 13,136, described as: I FEBRUARY 17, 1976, Cont'd. AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND WITHIN SEWER IMPROVEMENT DISTRICT NO. 143 OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. The cost of improvements to be assessed upon the real property of Improvement District No. 143 was estimated within the Ordinance to be $95,000.00. A motion was made by Director Young, seconded by Director Bussey, to suspend the rules and place the Ordinance on its second reading, with the motion being unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Director Young, seconded by Director Dailey, for a subsequent suspension of the rules to allow for the third and final reading of the Ordinance at this time; which motion was adopted by unanimous vote of the Board Members present, being seven in number and two-thirds or more of the members of the Board.of Directors - elect. The Ordinance was read the third and last time, with the resulting Aye and No Vote taken on the passage of the Ordinance being recorded as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - .total 7; Noes - None; Absent - None. It was announced that the Ordinance had been passed. A Public Hearing had been scheduled for this time and place by Resolution No. 5,480 on the proposed closing of a portion of the North -South Alley located within Block 5 of Cox's Subdivision of Taylor and Bodeman Addition to the -City of Little Rock, Arkansas, as requested by the Little Rock Housing Authority and Mrs. Eloise D. Cain, and approved by the Planning Commission. As notice of the Public Hearing had been duly published on January 23, 1976 and January 30, 1976 as prescribed by Ordinance, the Public Hearing was declared open. There was no one present who wished to address to the issue, however; and the Public Hearing was then declared to be closed and a related Ordinance was placed on first reading. (See Ordinance No. 13,137, as follows) Ordinance No. 13,137 was presented, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS VACATING, ABANDONING AND CLOSING THAT PORTION OF THE NORTH -SOUTH ALLEY LOCATED WITHIN BLOCK 5, COX'S SUBDIVISION OF TAYLOR & BODEMAN ADDITION TO THE CITY OF LITTLE ROCK, WHICH PORTION IS LOCATED BETWEEN LOTS 4, 5 AND 6, AND LOTS 7, 8 AND 9, COX'S SUBDIVISION OF TAYLOR AND BODEMAN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Ordinance being read the first time. There was a motion then made by Director Bussey, and seconded by Director Keith, for a suspension of the rules to provide for the second reading of the Ordinance, with the motion being unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, the rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Hussey and Young, respectively, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance ensued; after which there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous,.Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was declared passed. Again presented was the Petition of the Bonanza Realty Company, Incorporated requesting the and closing of a portion of South Jackson Street, which had been approved by the Planning Commission. A Public Hearing had been scheduled for this time and place by Resolution No. 5,478 for the purpose of hearing arguments on the issue; and notice of the hearing had been duly published on January 23, 1976 and , January 30, 1976, as prescribed by Ordinance. The Public Hearing was declared open and anyone interested in speaking on the subject was invited to come forward and be heard; however, as there was no one who wished to be heard, the Public Hearing was closed and a proposed Ordinance was placed on first read- ing. (See Ordinance No. 13,138 as follows) 99 FEBRUARY 17, 1976, Cont:d. At_this time Ordinance No.13,138 was_preserited; containing the following title: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE, ROCK, ARKANSAS, VACATING AND CLOSING A ' PORTION OF JACKSON STREET LOCATED IN THE 12TH STREET PIKE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and after the first reading of the Ordinance, there was a motion by Director Bussey, seconded by Director Keith, to suspend the rules and place- the.Ordinance on its second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two= thirds or more.of the members of the Board ofDirectors- elect; whereupon the Ordinance was.then read the second time. At this point, the rules were again suspended and the Ordinance placed on its third and final reading by a motion made by Director Bussey, seconded by Director Young,-and adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, and the resulting Aye and No Vote taken on.the passage of the Ordinance received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly,.Directors Linkous, Bussey, Hollingsworth and Young.- total 7; Noes - None; Absent - None. Accordingly, there was an announcement that the Ordinance had been passed. Also presented again for consideration was the Petition of Mary E. Gulley and James H. Stephens to vacate and close a portion of West 27th Street located between Lot 6, Block 5, and Lot 1, Block 6, of ithe Dickinson Mill Addition to the City of Little Rock, Arkansas, as approved by the Planning Commission. A Public Hearing had been scheduled for this time and place by Resolution No. 5,479, with notice thereof having been duly published on January 23, 1976 and January 30, 1976 as prescribed by Ordinance. The Public Hearing was declared open by Mayor Wimberly; and as there was no person.present who wished to address to the issue, the Public Hearing was declared closed and a proposed Ordinance was placed on first reading. (See Ordinance No. 13,139, as follows) Ordinance No. 13,139 was introduced, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE STREET BETWEEN LOT 6, BLOCK 5, AND LOT 1, BLOCK 6 OF DICKINSON MILL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Portion of West 27th Street) with said Ordinance being read the first time. A motion was then made by Director Bussey,,seconded by Director Keith, to suspend the rules to provide for the second reading of the Ordinance, which motion was unanimously adopted by the Board Members present, being seven in number and two- thirds or more of members of the Board of Directors - elect. Upon second,reading of the Ordinance, there was a subsequent motion by Director Bussey, seconded by Director Young, to again suspend the rules and .place the Ordinan on its third and final reading, with the motion being unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance and an ensuing Aye and No Vote taken on the passage of,the Ordinance, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was declared passed. The next presentation was Resolution No. 5,491, entitled: A RESOLUTION AUTHORIZING THE ISSUANCE OF AIRPORT BONDS; DESIGNATING BOND COUNSEL; AND FOR OTHER PURPOSES; (Airport Revenue Bonds in the amount of $600,000) with the Resolution being read, in full and.thereafter adopted by a motion made by Director Bussey, second -: .: . by Director Young, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth,and Young - total 7; Noes - None; Absent - None. There was presented Resolution No. 5,492, described as: A RESOLUTION AUTHORIZING THE .EXECUTION OF A CONTRACT TO SELL CERTAIN LANDS LOCATED IN THE LITTLE I ROCK PORT INDUSTRIAL PARK TO THE ARKANSAS HIGHWAY DEPARTMENT FOR RIGHT -OF -WAY PURPOSES FOR THE EAST BELT zoo FEBRUARY 17, 1976, Cont'd. FREEWAY; AND FOR OTHER PURPOSES; which Resolution was read in its entirety There was a motion which.followed from Director Bussey', seconded by Director Keith, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. At this point, Resolution No. 5;493 was introduced,, with the title being: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF PAPER SUPPLIES AND STATIONERY PRODUCTS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Contracts to Little Rock Paper Company and Central Printing Company for paper products for the first half of 1976) and there was a complete reading of the Resolution, which was subsequently adopted upon motion of Director Dailey, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. A proposed Resolution was presented at this time, with the title being: A RESOLUTION PERTAINING TO THE PROPOSED CENTRAL SERVICE CENTER; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. City Manager Carleton McMullin reported that if a presidential veto of a Public Works Act recently passed by Congress is overridden, as anticipated, the City could file an application approximately April 1, 1976 for 100% funding of a proposed Central Servic Center for the City of Little Rock. Mr. McMullin estimated the initial cost to the City at between $60,000 and $100,000 and urged, in the event the veto is overridden, that the City move as quickly as possible in obtaining the services of three professional groups - - -an architect; Space Utilization Associates, Inc. (SUA); and a construction management firm. This would be necessary, he explained, in order to ascertain the City's expenditures in connection with this project prior to the filing of an application. After considerable discussion, there was a motion by Director Hollingsworth "that the Resolution be tabled untiZ March 2, 1976" in order that the Board Members might be afforded additional time for study and consideration of the various aspects of the issue. The motion was unanimously adopted by voice vote of the Board Members present and, accordingly, the Resolution was placed on the calendar for further consideration on March 2, 1976. A discussion was held pertaining to a request by Mr. Seth Ward of the Commonwealth Federal Savings and Loan Association, located on the northeast corner of Rodney Parham and Old Forge Roads, that parking be allowed on the east side of Old Forge Road at this intersection for a distance of 275 feet. The Staff's position was outlined by Mr. John L. Taylor, Chief of the Engineering Division, who re. commended denial of the request on the basis of the traffic count of 3,000 cars per day at this intersection, the availability of off - street parking facilities, and the precedent such action would set in other areas where on- street parking is prohibited. With the use of a map, Mr. Taylor pointed out that Rodney Parham Road, which has four lanes on the east of this intersection, is reduced to only two lanes on the west side of the intersection, thus creating a hazardous condition for east -bound traffic turning north onto Old Forge Road and adjacent to an on- street parking area of 275 feet. Mr. Taylor further added that this intersection would be signalized before the end of 1976 and with parking allowed right up to the intersection, a serious problem would exist.. Mr...Seth Ward, speaking on behalf of his request, contender that there was no hazardous traffic situation at this intersection; and that he had been unable to transact several rental agreements for office space within his building because the prospective clients objected to the "no parking" signs along Old Forge Road. The opposition of the adjacent property owners was described by Mrs. Kathleen Elliott, President of the Sturbridge Property Owners Association, who contended the granting of this request would create traffic congestion which would subsequently encroach on the four lane entrance road to the Sturbridge Subdivision. Mrs. Elliott also contended that school buses entering the subdivision at this intersection encountered great difficulty when cars are allowed 1 l___J FEBRUARY 17 1976, Cont'd. to park in the area in question (See Resolution No.a5,494, as follows) Subsequent to the foregoing discussion, Resolution No. 5,494 was presented and entitled: A RESOLUTION PROVIDING FOR ON- STREET PARKING ON THE EAST SIDE. OF OLD FORGE DRIVE IN.THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Resolution was read in full. A motion was then made by Director Dailey, seconded by Director Hollingsworth, which resulted in a roll call vote whereby the Resolution was adopted as herein described Ayes - Director Dailey, Mayor Wimberly, Directors Bussey and Young - total 4; Noes - Directors Keith, Linkous and Hollingsworth - total 3; Absent - None. Following the adoption of the Resolution, there was a motion by Director Young that the Resolution be reconsidered. The motion was adopted by unanimous voice vote of the Board Members present; and Director Young subsequently made the following motion: "That the Resolution be amended to specificaZZy provide that the approval for parking as requested be subject to a detailed analysis of the impact of parking within the defined area; and that.the staff prep a report of the frequency and detail of the parking over a 60 -day period and report back to the Board." The motion was seconded by Director Hollingsworth and submitted to a roll call vote which received the following response: Ayes - Director Dailey, Mayor Wimberly, Directors Bussey and Young - total 4; Noes - Directors Keith and - Hollingsworth'- total 2; "Abstain and Protest" - Director Linkous - total 1; Absent - None. It was announced that the Resolution had been adopted, as amended. Presented for consideration at this time was Resolution No. 5,495, entitled: A RESOLUTION AMENDING THE- EXISTING PAY PLAN FOR THE CITY OF LITTLE ROCK; AND FOR-OTHER PURPOSES; with the Resolution being read in full and thereafter adopted by a motion made by Director Keith, seconded by Director Linkous, and a roll call vote described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. A proposed Resolution was presented next, with the title being: A RESOLUTION PERTAINING TO SECURITY FOR BANKING FACILITIES; AND FOR OTHER PURPOSES; (Urging all banks, including branch facilities, to maintain armed guards during banking hours) and after a complete reading of the Resolution, a lengthy discussion ensued.- The discussion was preface by a motion from Director Dailey, seconded by Director Bussey, "to delay action on the Resolution for a 30 -day period, in order to give the Board an opportunity -to discuss the situation- with'some of the local bankers." Director Dailey added that he had talked with several bankers and they would like to bring the Board up to date on :security measures they are presently considering. It was also suggested by Director Dailey that the Board meet with representatives of the Police Department and the Federal.Bur of Investigation, as well as local .bankers, to.discuss.the ramifications of the problem and any proposed action. Opposition to a delay was expressed by Director Keith, who stated that such a measure would "work toward prevention, rather than apprehension" in cases of bank robbery. Director Hollingsworth expressed apprehension as to whether or not security guards would be sufficiently tra -ned to handle bank robberies; and Director Young suggested that the proposed Resolution be either withdrawn or defeated, due to the potential danger which would result.from the general public's having a knowledge of bank .. _.. .. security measures. Director Linkous concurred with Director Young's opinion, and further stated that a broader implication than this one aspect would be the precedent set in security matters whereby service stations, 7 -11 stores, liquor stores and various other.commercial businesses would also be encouraged to employ armed guards. Director Dailey's motion for a 30 -day deferral of the Resolution was then submitted to a roll call vote and adopted as herein described: Ayes - Directors Dailey, Mayor Wimberly, Directors Bussey and Hollingsworth - total 4; Noes - Directors Keith, Linkous and Young - total 3; i Absent - None. The proposed Resolution was therefore placed on the calendar for further consideration on March 16, 1976. Resolution No. 5,496 was then presented, and entitled:' i M FEBRUARY 17, 1976, Cont'd. A RESOLUTION AUTHORIZING THE,CONVEYANCE BY THE CITY OF LITTLE ROCK, ARKANSAS OF A CERTAIN EASEMENT FOR THE USE AND BENEFIT OF THE LITTLE ROCK MUNICIPAL WATER WORKS TO WILTON A TREADWAY AND SARA BELL TREADWAY, HIS WIFE; which Resolution was read in its entirety. There was a motion by Director Hollingsworth, seconded by Director Keith, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The final item of the Official Agenda,,.Resolution No. 5,497, was then presented, with the title being: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK CITY BEAUTIFUL COMMISSION: (Mrs. Ellen Prewitt) and after a full reading of the Resolution, a motion by Director Dailey, seconded by Director Hollings- worth, led to a roll call vote which adopted the Resolution as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. In a general discussion which ensued at this time, Director Dailey requested that the;subject of cable television be considered in the near future. He stated that he had received considerable corres- pondence and telephone requests on this subject and made a;motion .';.that the City. Manager provide the Board with a report of the history of Board discussions and actions concerning cable television for the City, and that we discuss this within 60 days ". The motion was then seconded by Director Keith, and adopted by unanimous voice vote of the Board members present. Representing the Pulaski County Bar Association, Attorney Gary Barket read the following Resol RESOLUTION OF THE PULASKI COUNTY BAR ASSOCIATION Adopted Unanimously at Meeting of February 13, 1976 WHEREAS, approximately 35,000 citizens of this community and state appear before the Municipal Courts in Little Rock, Arkansas each year, and appearance in Municipal Court is the primary exposure these citizens have to our judicial system; and WHEREAS, there are no on- premises parking facilities available to these persons, witnesses and their attorneys and limited off - premises parking available, and there is City owned property located within several blocks which could be .utilized for city -owned vehicles, and WHEREAS, federal money is now available for the construction of additional court facilities; NOW, THEREFORE, BE IT RESOLVED by the membership of the Pulaski County Bar Association that the Board of Directors of the City of Little Rock take all necessary steps to immediately make available a minimum of fifty (50) on- premises parking spaces available to those persons appearing before the Municipal Courts and that said space be properly designated and reserved for such uses. BE IT FURTHER RESOLVEDcthat the City Manager make immediate application to obtain federal funds for construction of additional Municipal Court Facilities by the designated March 21, 1976 deadline. ATTEST: , (signed) Gary P. Barket 2/13/76 Director Hollingsworth concurred with the opinion expressed in the Resolution, and discussed the possi- bility of converting the Central Fire Station at the corner of Markham and Arch Streets, which is soon to be vacated, into Court facilities as an effort toward alleviating the problem. Director Hollingswort subsequently made a motion, which was seconded by Director Bussey, "that the subject of Court facilities be placed on the February 25, 1976 Agenda for further consideration "; and the motion was unanimously adopted by the Board members present. City Manager Carleton McMullin reported that the subject had been a matter of concern for more than six months, that other space had been examined, and that a federal grant was now available for use in this capacity because of specific action previously taken by the City He advised that the staff is presently working on the problem. The Mayor then announced that the matter would be placed on the Agenda of February 25, 1976. 1 _ X203 February 17, 1976, Cont'd. As there was no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Hollingsworth, seconded by Director Keith, and by unanimous vote of the Board members present, the meeting .was adjourned at 9:05 o'clock P. M., to meet again in regular session on Tuesday, March 2, 1976 at 7:30 o'clock P. M. ATTEST: G(iYLLi (� APPROVED: < I City Clerk Mayor - Board of Directors Chamber Little Rock, Arkansas March 2, 1976 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. It was.announced by the Mayor that there was a quorum in attendance, and the following is an account of the proceedings: The Invocation was given by Director Linkous. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on February 17, 1976. (b) The Treasurer's Report of Mount Holly Cemetery for the year 1975. (c) The Audit Report of the Little Rock Municipal Airport for the year 1975. (d) The Audit Report of the Little Rock Wastewater Utility for the year 1975. (e) Staff Report pertaining to area meetings of the Board of Directors. (f) Staff Report pertaining to status of activities toward securing additional Municipal Court facilities. (g) Progress Report on downtown signal system equipment condition and timing patterns. By a motion from Director Hollingsworth, seconded by Director Young, which was unanimously adopted by the Board Members present, the foregoing items were dispensed with as foZZows: (a) The Minutes of the previous meeting were approved as written and summarized; (b, c & d) The Treasurer's Report and the two Audit Report were received and fiZed; (e) The Staff Report pertaining to area meetings was removed from the Consent Agenda for consideration as a separate item (see following paragraph); and (f & g) The Staff Report and Progress Report were accepted as presented orally at the Agenda Meeting of February 25, 2976; 7-0. At this time, The Report containing the Staff's suggested approach to area meetings of the Board of Directors was.discussed; and City Manager Carleton McMullin requested an opinion from the Board before proceeding to develop the concept further. Director Linkous expressed his concern for the appare public apathy and complacency regarding local government and contended that, although the public might not respond, the Board had a responsibility in this matter and should take City Government to the people Director Keith stated that it was his opinion the meetings would be successful only if sufficient time could be devoted to the citizens and urged that, in the event such a project is undertaken, the Board Members attend with the intention of listening to what the people have to say. It was suggested by Director Linkous that the first 30 to 45 minutes of the meeting be devoted to listening to the citizens, the following 15 minutes to response by the Board, and the remaining time to sharing with the citizens the problems which confront city government. Director Dailey also concurred, and pointed out the importance of structuring the meeting in a way which would encourage, and not eliminate dialogue. Mayor Wimberly expressed his reluctance to initiate more meetings, calling attention to the fact that at various times it was difficult for all the Board Members to meet for regularly scheduled meetings. It was further suggested by Director Linkous -that the department heads of the City, as well as the Board Members, attend the proposed meetings, which he suggested be set up on a quarterly basis. A motion was then made by Director Linkous "that the staff proceed immediately with the mechanics to set up such meetings on a quarterly basis to conform to the general outline set out in the staff report." The motion was seconded by Director Hollingsworth and unanimously adopted by voice vote of the Board Members present. MARCH 2, 1976, Cont'd. Next presented was Resolution No. 51498, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR DEMOLITION OF CONDEMNED STRUCTURES; LIGHTING AT BARTON PARK; CURB AND GUTTER WORK AT WAR MEMORIAL PARK AND EQUIPMENT FOR THE POLICE DEPARTMENT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; with the Resolution being read in full and subsequently adopted upon motion of Director Young, seconded by Director Hollingsworth,. and the following.roll call voter Ayes - Directors Keith and Dailey, Mayor. Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Resolution No. 5,499was then presented, with the title being: A RESOLUTION AUTHORIZING THE SALE OF .CITY OF LITTLE ROCK, ARKANSAS MUNICIPAL AIRPORT REVENUE BONDS; APPROVING THE FORM AND CONTENTS OF A NOTICE OF SALE AND DIRECTING THE PUBLICATION, THEREOF; AND PRESCRIBING OTHER MATTERS RELATING THERETO; (Public Sale of Municipal Airport Revenue Bonds, dated March 1, 1976, in the principal amount of $600,000) and there was a full reading of the Resolution. A motion by Director Young,.seconded by Director Linkous, then resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly,. Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes —None; ' Absent - None. There was presented Resolution No. 5,500, described as: A RESOLUTION REPEALING RESOLUTION NO. 4,873; ABOLISHING THE "CITY OF LITTLE.ROCK CRIME REWARD FUND "; TRANSFERRING FUNDS; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety; after which the Resolution was adopted by a motion made by Director Dailey, seconded by Director Young, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young.- total 7; Noes - ,None; Absent - None. Presented for consideration at this time was Resolution No. 5,501, entitled: A RESOLUTION PERTAINING TO THE BICENTENNIAL CARILLON PROJECT AT WAR MEMORIAL PARK; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. In the brief discussion which ensued, Director Dailey expressed concern regarding the bid waiving process. He referred to the fact that this might "cut someone out" and establish a- precedent. City Attorney Kemp responded by stating that the project ' would be done on a certified cost basis, which'is the only way open to the City under present conditions, and that the contractor has agreed.to undertake this project on a non - profit basis. The Resolution was then submitted to a roll call vote as the result.of a motion by Director. Linkous, seconded,by Director Keith, and subsequently adopted as herein described: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; Abstain - Director Dailey - total 1; Absent - None. Ordinance No. 13,140 was presented at this time, with the title being: AN ORDINANCE APPROVING THE RELOCATION OF THE PULASKI COUNTY HEALTH DEPARTMENT FROM THE CITY'S FACILITIES AT 701 WEST MARKHAM STREET TO CENTRAL BAPTIST HOSPITAL; APPROPRIATING FUNDS TO DEFRAY THE CITY'S SHARE OF THE COST OF SUCH RELOCATION; AND FOR OTHER PURPOSES; (Appropriation of $10,000.for relocation, and $11,308-for rental charge for remainder of year, for Milk and.Dairy Division) and there was a first reading of the Ordinance. City Manager Carleton McMullin explained at this time that the Milk and Dairy Division was being retaihed by the City as it is a self- sustaining cost - recovery unit. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Young, seconded by Director Linkous, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more.of the members of the Board of Directors - elect. The Ordi- nance was read the second time,-followed by a subsequent motion from Director Keith, seconded by Director MARCH 2. 1976. Cont'd. Hollingsworth,'for a further suspension of-the rules and the placing of the Ordinance on its third.-. and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors.Keith and Dailey, Mayor Wimberly, Directors Linkous, -Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance wasddeclared passed. Again presented was a proposed Resolution,-described as: A RESOLUTION PERTAINING TO THE PROPOSED CENTRAL SERVICE CENTER; AND'FOR OTHER PURPOSES; which Resolution was read in full on February 17, 1976. When submitted to a roll call vote, following a motion made by Director Young and seconded by Director Keith, the Resolution failed to be adopted, as herein described: Ayes. —None; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7;. Absent - None. The final item presented for consideration was Resolution No..5,502, entitled: A RESOLUTION AUTHORIZING AN AGREEMENT WITH PULASKI.FEDERAL SAVINGS & LOAN ASSOCIATION RELATING TO AN INTEREST BEARING LOAN BEING MADE TO THE GOOD SPIRIT SINGING UNION ECONOMIC DEVELOPMENT CORPORATION; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Bussey, seconded by Director Young, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey,aHollingsworth and Young - total 6; Noes - Director Dailey- total 1; Absent - None. A discussion was initiated by Director Dailey at this.time pertaining to the approval on February 1 1976 by the Board of Adjustment of a conditional use permit for a Waffle House Restaurant at 911 McAlmont Street, which is in the immediate vicinity of MacArthur Park. It was established in the course of the discussion that this authority had been vested in the Board of Adjustment in 1972 by Resolution No. 4,824 which adopted the Revised Central-Little Rock Urban Renewal Plan, ARK A -12, the purpose of which was to revitalize the downtown area for business and residential purposes. The ARK A -12 Plan divided the Central Little Rock area into six zoning categories (independent of Little Rock's establishe zoning plan) with alternate uses specified'for each category subject to the approval of a variance by the Board of Adjustment. Director Dailey stated.he was concerned about development of this type which would possibly infringe upon the aesthetic quality of MacArthur Park. It was pointed out by Director Dailey that the recent trend had been to restore the residential character of this area; that he was opposed to anything which would discourage.this- trend;.and.that he had received several letters and call from citizens'to this effect. Responding to a discussion pertaining to an alternative to this situation City Attorney Joseph Kemp rules that the Board of Directors had.no.recourse to the action of the Board of Adjustment in this matter. Acting Director .Jim Finch,.of.the Comprehensive Planning Division, explained the authority by which the Board of Adjustment had acted under the Revised Central Little Rock Urban Renewal Plan and contended that, according-to complaints.received by his office, there would most in likely.be'an appeal filedfwith/ the 30 day period allowed.for such action. Director Keith expressed support of the Central Little Rock Plan, the purpose of-.which he pointed out was to "rejuvenate the downtown area ", but he added that in this instance he did not favor such use of the property adjacent to the park. It was contended by Director'Young that the real issue was the proximity of the subject property to MacArthur Park, and that the only avenue open to the Board.would be to adopt a Resolution disapproving the action of the Board of Adjustment. The discussion resulted in a request by the Board Members that they be provided with the following information in order to study the matter further: a copy of the Central Little Rock Revised Plan and map; a copy of the material presented to the Board of Adjustment; and a copy of the minutes of the Board of Adjustment meeting in which this action occurred. �`Ur0 MARCH 2, 1976, Cont'd. I As there was no further business to be transacted at this time, by a motion made by Director Hollingsworth, seconded by Director Keith, and unanimously adopted by the Board Members present, the meeting was recessed-at 8:35 o'clock P: M., and scheduled to reconvene on Thursday, March 11, 1976 at 1:00 o'clock P. M. for the purpose of opening bids for.the proposed sale.of Municipal Airport Revenue Refunding Bonds. ATTEST : �Ain2J V — " APPROVED : /n W !llfff City Clerk Mayor 201 Board of Directors Chamber Little Rock, Arkansas _ March 11, 1976 - 2:00 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from March 2, 1976 with Assistant Mayor Hollingsworth presiding and Jane Czech, City Clerk, Mayor Wimberly and the following Directors present: Directors Keith, Dailey and Young - total 3; Absent - Directors Linkous and Btissey - total 2. It was announced that there was a quorum.in attendance, and the following is an account of the proceedings: Assistant Mayor Hollingsworth then announced that this was the time and place for the opening of sealed bids on the proposed sale of Municipal Airport Revenue Refunding Bonds in the total amount of $600,000, subject to the provisions set forth in Resolution.No. 5,499, and included in the Notice of Sale which was duly published on March 3, 1976: Five bids were submitted and as there were no additional bids to be presented at this time, Assistant Mayor.Hollingsworth declared that the time for the filing of bids was closed and subsequently requested that Mr. E. Jack Murphy, Director of Finance, proceed with the , opening and reading of said bids. The five bids received for Municipal Airport Revenue Refunding Bonds of the City of Little Rock, Arkansas in the amount of $600,000 were opened and are described as follows: Jon R. Brittenum & Associates, Inc., of par and accrued interest for bonds bearing interest as follows: Bonds maturing in the years 1977 to 1984, inclusive, 6.10% per annum; bonds maturing in the years 1985 to 1987, inclusive, 5.65% per annum; bonds maturing in the years 1988 to 1990, inclusive, 5.75% per annum; and bonds maturing in the years 1991 and 1992, 5.80% per annum; resulting in a net interest cost of $323,235.50 and an average interest rate of 5.827213 %; Stephens, Inc., of par and accrued interest for bonds bearing interest as follows: Bonds maturing in the years 1977 to 1985, inclusive, 6.00% per annum; bonds maturing in the years 1986 to 1987, 5.50% per annum; bonds maturing in the years 1988 and 1989, 5.75% per annum; bonds maturing in the year 1990, 5.85% per annum; and bonds maturing in the years 1991 and 1992, 5.90 per annum; resulting in a net interest cost of $324,877.50 and an average interest.rate of 5.8568144 %; Hill, Crawford & Lanford, Inc., T. J. Raney & Sons, Inc., and Reynolds Securities, Inc., of par and accrued interest plus a premium of $298.32 for bonds bearing interest as follows: Bonds maturing in the years 1977 to 1980, inclusive, 6.50% per annum; bonds maturing in the years 1981 to 1984, inclusive, 6.00% per annum; bonds maturing in the years 1985 and 1986, 5.50% per annum; bonds maturing in the years 1987 and 1988, 5.75% per annum; and bonds maturing in the years 1989 and 1992, inclusive, 5.90% per annum; resulting in a net interest cost of $326,940.18 and an average interest rate of 5.894 %; Powell & Satterfield, Inc., of par and accrued interest plus a premium of $135 for bonds bearing interest as follows: Bonds maturing in the years 1977 to 1981, inclusive, 6.25% per annum; bonds maturing in the years 1982 to 1985, inclusive, 6.00% per annum; bonds maturing in the years 1986 and 1987, 5.75% per annum; and bonds maturing in the years 1988 to 1992, inclusive, 6.00% per annum; resulting in a net interest cost of $332,700 and an average interest rate of 5.9978 %; and Parham and Company, Inc., of par and accrued interest for bonds bearing interest as follows: Bonds maturing in the year 1977 to 1985, inclusive, 6.25% per annum; bonds maturing in the years 1986 to 1988, inclusive, 5.70% per annum; and bonds maturing in the years 1989 to 1992, inclusive, 6.00% per annum; resulting in a net interest cost of $333;;365.50 and an average interest rate of 6.0098 %. Upon completion of the opening and.reading of the bids, and the acknowledgment that the foregoing bids did conform with the provisions of Resolution No. 5,499, there was a brief recess to allow for Mr. Murphy to verify the interest rate of the low bidder.= b'iiAfter a brief interval, the meeting resumed with an announcement by Mr. Murphy that he had received the required verification. Assistant Mayor Hollingsworth then declared that the bid of Jon R. Brittenum and Associates, Inc. had been accepted at an average interest ratecof 5.827213 percent for the $600,000 Municipal Airport Revenue Refunding Bonds. , J "i X209 MARCH 11, 1976, Cont'd. I Resolution No. 5,503 was then presented, with the title being: _ A RESOLUTION APPROVING.THE SALE OF MUNICIPAL AIRPORT REVENUE BONDS AUTHORIZED BY RESOLUTION ' NO. 5,499; AND PRESCRIBING OTHER MATTERS RELATING THERETO; with the Resolution then being read in full. Director Dailey made a motion at this time that the Resolution be adopted, which motion was seconded by Director Keith. The ensuing roll call vote then adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor, Wimberly, and Director ' Young - total 4;. Noes -"None; Abstaining - Assistant Mayor.Hollingworth - total 1;. Absent - Directors Linkous and Bussey - total 2. There being no further business to be presented or to come before the Board of Directors at this time, by motion of Director Keith,.seconded by Mayor Wimberly, and by unanimous vote of the Board Members present, the meeting was.adjourned at 2:10 o'clock P. M. It was announced that the next scheduled meeting of the Board of Directors would be March 18, 1976, rather than the regular meeting date of March 16, due.to the Board Members being in Washington, D. C. on that date for the purpose of requesting Congress to continue Revenue Sharing for municipalities. ATTEST: \���y�C.C�It/ - APPROVED: 9 v o I City Clerk Assistant Mayor I F 41- 210 Board of Directors Chamber Little Rock, Arkansas March 18, 1976 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Assistant Mayor Hollingsworth presiding and Jane Czech, City Clerk, and the following Directors present: D Dailey, Linkous, Bussey and Young - total 4; Absent - Mayor Wimberly and DirectorsKeith - total 2. A quorum was declared to be present, and the meeting then proceeded as herein described: The Invocation was given by Director Linkous. The Consent Agenda was presented first and consisted of the following items: (a) The minutes of the previous meeting held on March 2, 1976 and the reconvened meeting held on March 11, 1976. (b) A Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of January, 1976. (c) The 1975 Audit Report of the Revenue Sharing Funds of the City of Little Rock. By a motion from Director Dailey, seconded by Director Young and unanimously adopted by the Board of Members present, the foregoing items were dispensed with as follows: (a) The minutes of the previous meeting and the reconvened session were approved as written and summarized; (b) The Comparative Statement was received and filed, and (c) The Audit Report was received and filed, 5 -0. At the suggestion of Director Dailey, consideration was given at this time to a delegation of approximately 60 citizens present to either protest or support the City Manager's decision to make Clapboard Hill Road a one -way street going north from Charterhouse Road to Millbrook Road, and one -way going south from Charterhouse Road to Old Forge Road. City Manager Carleton McMullin gave a brief history of events which transpired as a result of the initial Petition submitted by the residents of Clapboard Hill Road in August of 1975 requesting that this street be terminated in a cul -de -sac. It was stated by Mr. McMullin that information derived from two studies made by the City's staff pertain- ing to this issue were submitted to the petitioners for comments and recommendations, and a subsequent letter from one of the Petitioners contained no negative comments. In February, 1976 some correspond- ence was received from residents of the adjacent streets and there was some discussion pertaining to a Public Hearing which, however, was not pursued due to a misunderstanding in the Public Services Depart ment, Mr. McMullin stated. Acknowledging that a problem did exist and there was no consensus as to an answer, Mr. McMullin contended that of several alternatives the Staff recommended making Clapboard Hill Road a one -way street, with a portion for northbound traffic and the remainder for southbound traffic, on a 60 -day trial basis. Mr. McMullin stated he was aware that this could cause the traffic to move over to Gunpowder Road and Breckenridge Drive, the adjacent streets; but after the 60 -day period, the results could be evaluated and discussed with the residents of the area. Mr. John Corbett of 2001 Gunpowder Road, representing a group of residents of Sturbridge and Colony West, spoke in opposition to the proposed change in the traffic pattern on Clapboard Hill Road. He maintained that t traffic would be diverted to the adjacent streets, thus endangering the school children on those stree and he recommended alternative measures such as completion of Reservoir Road and signalization at its intersection with Cantrell Road; and the imposing of a ban on apartment and commercial construction until the traffic problem is resolved. Dr. Branch Fields of 2009 Clapboard Hill Road, speaking on behalf of the residents of that street, urged that the Board support the City Manager's recommendation without delay, due to the severity of the existing problem. Describing Clapboard Hill Road as a "Collector Street" with a daily traffic count of 2,000 cars, of which approximately 300 travel at a speed in excess of 35 miles per hour, Dr. Fields maintained that while the residents of the adjacent street were concerned with increased traffic, the residents of Clapboard Hill Road were concerned C 1 MARCH 18, 1976, Cont'd. with the safety of their children. In response to a question by Director Dailey as to the feasibility of making Gunpowder Road a one -way street also in the event a heavy traffic flow results from the proposed,action, City Manager McMullin stated that the staff did not expect the traffic on Gunpowder to increase.to that extent. It was, however, suggested by Mr. McMullin that a two -way stop at the corne of Gunpowder Road and Charterhouse Road could be replaced by a four- way.stop sign as an alternative measure. Director Bussey then recommended that the City Manager and staff proceed as planned with the one -way street proposal on a 60 -day trial basis, and that the staff keep the Board and the residents of the area apprised of the developments at regular intervals. Dr. James Hickman, of 2011 Gunpowder Road asked to be heard at this time and stated he was opposed to capricious and haphazard changes in the traffic pattern and requested that a public hearing be held prior to the implementation of the proposed one -way traffic system on Clapboard Hill Road. Opposition to an immediate public hearing was expressed by Director Young, who stated that he would be in favor of a public hearing at such time as there was sufficient data.whereby an intelligent decision could be made. Director Linkous then made a motion "tha this matter be placed on our agenda for our next Board Meeting." The motion was seconded by Assistant Mayor Hollingsworth, submitted to a roll call and defeated by the following vote: Ayes - Director Lin and Assistant Mayor Hollingsworth - total 2; Noes - Directors Dailey, Bussey and Young - total 3; Absent - Mayor Wimberly and Director Keith'- total 2. A statement was related by Director Dailey from a resident of Breckenridge Drive who wished to go on record to the effect that "The City is wrong in allowing the traffic pattern to be published in the newspaper without showing an alternate route other than Breckenridge Drive and Gunpowder Road, and encouraging the public to use the alternate route." it was subsequently agreed by the Board Members present to support the City Manager's decision to implement a one -way traffic system on Clapboard Hill Road on a 60 -day trial basis and that periodic reports would be made to Mr. Corbett and Dr. Fields on the developments in this tr dZZsystem." The following zoning petitions, as approved by the Planning Commission, were then presented: Z- 2990 - From Lynton Bert Irish by Attorney William L. Terry, to rezone 3400 Maple Street (See Petition for lengthy legal description) from "I" Light Industrial District to "K" Heavy Indusrial D Z -2987 - From Paul D. Morris, Jr. and Rozella Morrison to rezone 9900 Col. Glenn Road, which property contains a lengthy legal description as shown on the Petition, from "A" One- family District to "I" Light Industrial District. As there was no one present to oppose the rezoning of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,141, as follows) There was presented Ordinance No. 13,141,.entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time, followed by a motion from Director Bussey to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Young and adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance was placed on its third and final reading by a motion again made and seconded by Directors Bussey and Young, respectively, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and last reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 5; Noes - None; Absent - Director Keith and Mayor Wimberly - total 2. The Ordinance was then declared passed. 21� MARCH 18, 1976, Cont'd. Included on the Official Agenda and scheduled for presentation at this time were the following two zoning items: Z- 2848 -B - From Floyd Fulkerson to rezone the 13000 Block of Hinson Road, from "A" One- family District to "F'.' Commercial and "MF 12" Multi- family Districts. Z -2993 - From Magnolia Lodge No. 60 by A. B. Speights, Agent, to rezone 1518 Battery Street, from "D" Apartment District to "E -1 -A" Nursing Home, Lodging and Undertaking District. Due to the possible controversy involved in the foregoing zoning requests, there was a motion by Director Bussey that presentation of the two petitions be delayed until the next meeting when all of the Board Members would be present. The motion was seconded by Director Young and adopted by the following roll call vote: Ayes - Directors Dailey,.Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent - Director Keith and Mayor Wimberly - total 2. Accordingly, it was announced that the above - described Petitions would be placed on the Agenda for consideration at the April 6, 1976 meeting of the Board of Directors. Presented at this time was the petition of C. A. Barnett and various other persons to vacate and close all of the alley in Block 8 of Pfeifer's Addition to the City of Little Rock, Arkansas, which had been approved by the Planning Commission on March 4, 1976. Accompanying the petition were a letter from the Little Rock Abstract Company certifying to the abutting property owners, and a certified copy of _the platto- f£Pfeifer's Addition as recorded in the office of the Pulaski County Circuit Clerk in Plat Record Book No. 1 at Page 64. (See Resolution No. 5,504, as follows, which sets the date of Public Hearing for April 6, 1976 at 7:30 o'clock P. M.) Resolution No. 5,504 was presented, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK EIGHT, PFEIFER'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and a complete reading of the.Resolution followed. There was a motion then made by Director Bussey, seconded by Director Linkous, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 5; Noes - None; Absent - Director Keith and Mayor Wimberly - total 2. At this time, in response to a.request by Mr. William B. Putnam, Agent for the Petitioner, it was agreed by the Board to accept for consideration an alley - closure petition, which was not included on the Official Agenda for this meeting, by a motion made by Director Linkous, seconded by Director Bussey, and unanimously adopted by the Board Members.present.. Accordingly, there was presented the petition of The Arkansas State Highway Commission, Mr. and Mrs. Lemuel V. Clement and W. A. Saunders requesting the vacating and closing of a portion of the alley in Block 4 of Masonic Addition to the City of Little Rock, Arkansas, which had been approved by the Planning Commission at its March 4, 1976 meeting. Include with the petition were a letter from the Beach Abstract and Guaranty Company certifying to the last apparent owners of record of the property abutting the alley, and a certified copy of the plat of Masonic Addition as recorded in the Office of the Pulaski County Circuit Clerk in Deed Record Book No. AB at Page 203. (See Resolution No. 5,505 setting the date of Public Hearing for April 6, 1976 at 7:30 o'.clock P. M.) Presented for consideration at this time was Resolution No. 5,505, described as: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE PART OF ALLEY IN BLOCK FOUR, MASONIC ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Resolution being read in full, after which there was a motion by Director Linkous, seconded by Director Bussey, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent - Director Keith and Mayor Wimberly - total 2. ' Frill I MARCH 18, 1976, Cont'd. The 1975 Audit Report of the City of Little Rock was presented at:-this time; and upon motion of Director Bussey, seconded by Director Young and unanimously adopted by the Board Members present, ' the.Audit Report was received and filed. Resolution No. 5,506 was then presented, with the title being: A RESOLUTION RETAINING LLOYD, HAIGH, BROCK &.COMPANY, LTD. TO MONITOR THE 1975 AUDIT REPORT RECOMMENDATIONS FOR CHANGES IN COMPUTER SYSTEMS OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; which Resolution was read in full. A motion was -made by Director Bussey, seconded by Director Dailey, that the Resolution be adopted. In the ensuing roll call vote, the Resolution was adopted as follows: Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent.- Director. Keith and Mayor Wimberly - total 2. Introduced at this time was Resolution No. 5,507, entitled: A RESOLUTION ESTABLISHING A MINIMUM BALANCE TO BE MAINTAINED IN THE CITY'S GENERAL AND STREET AND FOR OTHER PURPOSES; (Minimum balance of $1,350,000'in the unappropriated aggregate balance of both funds) with there being a full reading of the Resolution, which was thereafter.adopted upon motion of Director Linkous, seconded by Director Dailey, and the following roll call vote: Ayes - Directors Dailey, ' Linkous and' Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent - Director Keith and Mayor Wimberly - total 2. There was presented Resolution No. 5,508, containing the following title: A RESOLUTION ACCEPTING BIDS AND AWARDING ANNUAL CONTRACTS FOR TIRES AND TUBES, ASPHALT AND RELATED MATERIALS, GUARD RAILS, POSTS AND TERMINAL SECTIONS AND DIESEL FUEL; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Linkous and seconded Director Young, which led to adoption of the Resolution by the following roll call vote:' Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes None; Absent - Director Keith and Mayor Wimberly -.total 2. The next presentation was Resolution No. 5,509, described as: A RESOLUTION AUTHORIZING THE PURCHASING DIVISION TO- PURCHASE -ON CONTRACTS AWARDED BY THE STATE OF ARKANSAS; AND FOR OTHER PURPOSES;• with said Resolution being read in full. There was a motion which followed from Director Dailey, seconded by Director Linkous, for adoption of the Resolution,:and_ the resulting roll call vote adopted the Resolution,as.herein described:- Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes.- None; .Absent - Director Keith and Mayor Wimberly - total 2. Ordinance No. 13,142 was introduced, with the title being: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR AND RECEIVE LEAA GRANT FUNDS. TO_PROVIDE A PROBATION OFFICER FOR THE MUNICIPAL COURT,PROBATION PROGRAM;AAPP.ROPRIATING FUNDS; AND FOR OTHER,PURPOSES; and after - a,first reading of the Ordinance, there.was a motion-from-Director Bussey to suspend the and place the Ordinance on its second reading. The motion was seconded by Director Dailey and unanimou adopted by the Board Members present, being five in.number_ and two - thirds or.more of the members of the Board of Directors- elect; whereupon the Ordinance was.then -read the second time. The rules were again suspended to allow for the third and final reading of the Ordinance at this time, by a motion made by Director Bussey, seconded by Director - Dailey, and unanimously adopted by the Board Members present,. being five in number and two- thirds or more of the members of the Board of Directors - elect. There was third and final reading of the Ordinance, and the ensuing Aye and.No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Dailey, Linkous and Bussey; Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent - Director.Keith arid.Mayor , MARCH 18, 1976, Cont'd. Wimberly - total 2. It was then announced that the Ordinance had been passed. The next item presented was Ordinance No. 13,143, entitled: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR AND RECEIVE LEAA GRANT FUNDS TO PROVIDE PHYSICAL FACILITIES FOR THE HOUSING OF MUNICIPAL COURTS AND COURT PERSONNEL; APPROPRIATING THE SUM OF $75,000.00 AS THE CITY'S MATCHING SHARE OF THE PROJECT COST; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. There was a motion which followed from Director Young, seconded by Director Bussey, to suspend the rules to provide for the second reading of the Ordinance; with the motion being unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors_ elect. There was a second reading of the Ordinance; after which there was a subsequent motion by Director Dailey, seconded by Director Linkous, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, and the resulting vote is described as follows: Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent - Director Keith and Mayor Wimberly - total 2. The Ordinance was declared passed. At this time, Ordinance No. 13,144 was presented, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR THE PURCHASE OF AN ORANGUTAN FOR THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES; (Appropriation of $5,216.00) with the Ordinance being read the first time; after which there was a motion from Director Dailey, seconded by Director Bussey, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members-of the Board of Directors - elect; and there was a second reading of the Ordinance. There was a further suspension of the rules to allow for the third and final reading of the Ordinance as the result of a motion mad0by Director Young, seconded by Director Dailey, and unanimously adopted by the Board Members present, being five in number and two- thirds or more of the members of the Board of',',? ". Directors - elect. Following the third and last reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which received the following response: Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent - Director Keith and Mayor Wimberly - total 2. It was announced that the Ordinance had passed. Resolution No. 5,510 was presented, and entitled: A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND THE OFFICE OF THE COORDINATOR OF PUBLIC SAFETY OF THE STATE OF ARKANSAS; TRANSFERRING FUNDS; AND FOR OTHER PURPOSES; (For a- .Stop -and Yield Sign Study) with the Resolution being read in full, and subsequently adopted by a motion made by Director Linkous, seconded by Director Dailey, and by the following roll call vote: Ayes - Directors Dailey, Linkous and Bussey, Assistant Manager Hollingsworth and Director Young - total 5; Noes - None; Absent - Director Keith and Mayor Wimberly - total 2. A proposed Resolution was presented with the title being: A RESOLUTION AUTHORIZING THE PURCHASE OF A PROFESSIONAL APPRAISAL FOR CERTAIN LOTS IN BLOCK 4, MASONIC ADDITION TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with there being a complete reading of the Resolution. City Manager Carleton McMullin provided back- ground information on this proposed action, stating that the Board of Adjustment, under authority. granted by the Revised Central Little Rock Urban Renewal Plan, had made a decision favorable to the construction of a Waffle House at this location , which does not allow for a direct appeal to the Board of Directors. The professional appraisal provided by the proposed Resolution, Mr. McMullin explained, 1 1 MARCH 18, 1976, Cont'd. is the outcome of the Board of Directors' search for an approach to this issue. The City Manager also informed the Board of a lawsuit which had been filed on this date by the Quapaw Quarters to enjoin the developer from proceeding with the proposed commercial construction on this property. In the ensuing discussion Director Young discussed the need to amend the zoning ordinance to prevent the possible stri zoning of this area; and Assistant Mayor.Hollingsworth suggested that perhaps the Revised Central Littl Rock Urban Renewal Plan might be updated in the near future. Director Dailey expressed his disapproval of commercial development in the subject area and suggested that the lawsuit by Quapaw Quarters might eleminate the need for the proposed action by the Board. It was.contended by Director Linkous that the proper place for settlement of this issue was.in the courts, and he - was - opposed to authorizing an appraisal of the-property.. Responding to an inquiry by Mr. William B. Putnam, Agent for the developer, City Attorney Joseph.Kemp stated that it was his judgment that a building permit would not be issued . with the suit pending, in the event the developer should seek to obtain one. By a motion from Director Young, seconded by Director Bussey, a roll call vote was taken on the adoption of the Resolution, which received the following response: Ayes - Director Dailey and Assistant Mayor Hollingsworth - total 2; Noes - Directors Linkous, Bussey and Young - total 3; Absent — Director Keith and Mayor Wimberly - total 2. FOLZowing an announcement that the Resolution had faiZed to be adopted, there was a request by Director Young that this item be placed on the Agenda of the ApriZ 6, 1976 meeting for reconsideration by the Board of Directors. At this point, Resolution No. 5,511 was presented, and entitled: A RESOLUTION AUTHORIZING THE PRESENT NUCLEAR SIREN WARNING SYSTEM FOR TORNADO WARNING PURPOSES; AND FOR OTHER PURPOSES; with said Resolution being read in its entirety. There was a motion which followed from Director Bussey, seconded by Director Dailey, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent - Director Keith and Mayor Wimberly - to "tal 2.. In response to a request by the City Manager, there was a motion.by Director Young, seconded by Director Bussey and unanimously adopted by the Board Members present, that an Ordinance pertaining to the issuance of Airport Revenue Bonds, which was not included on the Official Agenda of this meeting, be considered at this time. (See Ordinance No. 13,145, as follows) In accordance with the foregoing request, there was presented Ordinance No. 13,145, entitled: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF MUNICIPAL AIRPORT REVENUE BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS, FOR THE PURPOSE OF FINANCING THE COST OF CONSTRUCTING IMPROVEMENTS TO THE AIRPORT FACILITIES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; DESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY;. and after a first reading of the Ordinance, there was a motion from Director Hussey, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on its second reading. The motion received unanimous adoption by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance followed. There was an ensuing motion then made and seconded by Directors Hussey and Dailey, respectively, for a further suspension of the rules to provide for the third and final reading_of the Ordinance; which motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Upon third and last reading,of the Ordinance, the resulting Aye and No Vote taken on the passage.of the Ordinance received the following response: Ayes - Directors Dailey, Linkous.and Bussey, Assistant Mayor Hollingsworth, and Director Young - total Noes - None; Absent - Director Keith and Mayor Wimberly - total 2. The Emergency Clause contained in Section 15 of the foregoing Ordinance was then read and adopted by the following roll call voter Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent - Director Keith and Mayor Wimberly - 21 MARCH 18, 1976, Cont'd. total 2. It was therefore announced that the Ordinance, together with the Emergency Section had been passed. The final item to be presented from the Official Agenda was Resolution No. 5,512, described as: A RESOLUTION APPOINTING MEMBERS TO THE CITY BEAUTIFUL COMMISSION; AND FOR OTHER PURPOSES; (Appointment of Robert McIntosh, Marie Hayes and James Edwards) and said Resolution was read in full. There was a motion from Director Young, seconded by Director Dailey, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent - Director Keith and Mayor.Wimberly - total 2. There being no further.business to be presented or to come before the Board of Directors at this time, upon motion of Director Linkous, seconded by Director Bussey, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:10 o'clock P. M., to meet again in regular session on Tuesday, April 6, 1976 at 7:30 o'clock P. M. ATTEST: ( APPROVED: ,, allAg,- • City Clerk Assistant Mayor AA\\11 � -x__,r 21t Board of Directors Chamber ' Little Rock, Arkansas April 6, 1976 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met.in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Young - total 5; Absent - Director Hollingsworth - total 1. It was announced that there was a quorum in attendance, and the meeting then proceeded as herein described: The Invocation was given by Mayor Wimberly. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on March 18, 1976. (b) The 1975 Audit Report of the Little Rock Municipal Water Works. (c) The 1975 Statement of Cash Receipts and Disbursements of the Pulaski Visitors Council. ' (d) The 1975 Report of the Little Rock Advertising and Promotion Commission. (e) The Annual Report of the Museum of Science and Natural History. (f) A Report of the Central Little Rock Zoning Plan. (g) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of February, 1976. (h) Resolution No. 5,513, entitled: A RESOLUTION AMENDING THE EXISTING PAY PLAN; AND FOR OTHER PURPOSES. i (i) Resolution No. 5,514, entitled: A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF .LITTLE ROCK TO EXECUTE ON BEHALF OF THE CITY A CONTRACT WITH THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS FOR SALE OF LANDS FOR REDEVELOPMENT BY A PUBLIC BODY; AUTHORIZING THE CITY CLERK TO ATTEST SAME; AND FOR OTHER PURPOSES. (j) Report outlining the annual fire contracts for 1976. (k) A Report listing all the Police and Fire Applicants for the City of Little Rock for the period from April 1, 1975 to March 31, 1976. By a motion made by Director Linkous, seconded by Director Keith, and unanimously adopted by the Board Members present, the foregoing consent items were dispensed with as follows: (a) The minutes were approved as written and summarized to the Board of Directors; (b, (5, d & e) The four reports were received and-fiZed, df) The Central Little Rock Zoning Plan was removed from the- Consent Agenda and deferred until April 20, 1976; (g) The Comparative Statement was received and filed; (h). Resolution No. 5,51,3'was read in -full- and adopted; (i) Resolution No. 5,514 was read in full and adopted; (,j & k) — The two reports were received and filed. An Appeal of the Planning Commission's denial on March 4, 1976 of Zoning Petition No. Z -2992, submitted'-by Hoyt A. Green, requesting the rezoning of property located at 3701 West 11th Street, - described as Lot 1, Block 16; Forest Hill Addition to the City of Little Rock, - Arkansas, from "B" Residence District to "F" Commercial District, was presented for consideration at this time. A motion was then made by Director Young, seconded by Director Bussey, and unanimously adopted by voice vote of the Board Members present, which fixed -the date of Public Hearing on this Zoning Appeal-for-April 20, 1976 at 7:30 o'clock P.• M. ' I Director Hollingsworth was enrolled.at this point. • 21 APRIL 6, 1976, Cont'd. There was again presented the Zoning Petition (Z -2993) of Magnolia Lodge No. 60 by Mr. A. B. Speights, Agent, requesting the rezoning of property located at 1518 Battery Street, described as Lots 7 and 8, Block 21 of the Centennial Addition to the City of Little Rock, Arkansas, from "D" Apartment District to "E -1 -A" Nursing Home, Lodging and Undertaking District, as approved by the Planning Commission. Speaking on behalf of Mr. Bill Norris of 1512 Battery Street, Mr. Fred Safly presented a.petition opposing the rezoning, and he described the opposition of Mr. Norris and various otherstas follows: The proposed rezoning.would "close the door in the faces of those trying to bring new life into the central city "; the rezoning would constitute strip zoning without a proper buffer zone, and would.serve as a precedent for,further strip zoning;-the stigma attached to a funeral home generates a negative reaction which makes people reluctant to reside in.a neighborhood where one exists. The Staff's recommendation for denial of the application was explained by City Manager Carleton McMullin, who stated that the Staff was of .the opinion that such rezoning would have a deteriorating effect upon the area. Director Young commented that zhis building had been unoccup'i'ed for some time and inquired as to whether or not an alternate usage acceptable to the area residents had been sought, as opposed to allowing the building to remain vacant indefinitely. Mr. Safly responded by suggesting that a community center would be a desirable usage f6r the building. Two residents of the area who spoke briefly on the subject were a Mr. .Calloway who contended that rezoning would have a detrimental ' effect upon a movement underway to restore the neighborhood; and a Mrs. Morehead, of 1500 Summit Street, who spoke in favor of the propooed' rezoning and stated she did.not think.there would be efforts by other property owners to rezone their properties. Urging approval of the Petition, Mr. A. B. Speights pointed out that all of the adjoining property is zoned. "D" Apartment, and the traffic generated by the proposed rezoning would take place during the slow traffic hours and would not contribute to the peak traffic situation. In the two years this property has.been on the market, Mr. Speights contended that there have been "no takers ", and the property:.has been vandalized numerous times, resulting in cancellation of the insurance coverage. -Mr. Speights also contended that the twenty -five off - street parking spaces on the property would be adequate to accommodate this business. Director Bussey express his opposition to the proposed rezoning, stating that there were vacant lots and buildings all over the City which could accommodate this business. A proposed Ordinance to reclassify the subject property was then placed on first reading. (See.Ordinance -NO. 13,146, as follows) Presented at this time was Ordinance No. 13,146, entitled:' AN ORDINANCE RECLASSIFYING 1518 BATTERY.STREET IN THE CITY OF LITTLE ROCK; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance then being read the first time. A motion followed from Director Keith, seconded by Director Dailey, for a suspension of the rules to allow for the second reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board.Members present,--being seven in number and two - thirds or more of the members of the,Board of-Directors- elect, and the second reading of the Ordi- nance ensued. A subsequent motion was made at this time by Director Linkous, seconded by Director Keit to again suspend the rules and place the Ordinance on its third and final reading; with the motion bein unanimously adopted by the.Board Members.present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time; after which, there was an Aye and No Vote taken on the passage of the Ordinance, resulting as herein described: Ayes - _Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - Director Bussey - total 1; Absent - None. It was announced that the Ordinance had been passed. .The Petition of Charles Taylor (Z -2959) to rezone a 62.4 acre tract situated at the.southwest ' intersection of Cantrell Road and Interstate 430 was the next presentation. The requested reclassificati n of this property at No. 1 Pleasant Valley Farm Road (See Petition for lengthy legal description) from "A" One- family District to "E -1',' Quiet Business, "MF 12" Multi- family, "MF 24" Multi- family and "F" 1111111 Commercial Districts had been approved by the Planning Commission at its January 8, 1976 meeting, and 1111111 APRIL 6, 1976, Cont'd. subsequently deferred by the Board of Directors at its January 14, 1976 Agenda Meeting, pending receipt of -Phase I of a.Land Use and Growth Policy Study in progress at-that time: As'it was anticipate that Phase I of the Study would be received by May 1, 1976, Mr. John Gill, Attorney for the applicant, requested that this matter again.be deferred uhtil that "time, and'contended that, although Phase I would not be a complete statement of the growth policy of the City, it would enable the Board to make a wise decision in the matter. Opposing this request was Attorney Phillip Kaplan, who urged the Board to make, a decision at this time, and asked that the Board deny this rezoning request. Discussing the Land Use and Growth Policy Study, Director Young contended that Phase I of the Study would not be sufficiently conclusive for the Board to determine the direction of its policy. Director Young then made a.motion that the Board again defer a decision on this issue until.such time-Gas Phase II is received; however, the motion was not considered as there was no second to the motion. A motion was then made'by'Director Bussey to delay action on the Petition "until we decide what we are going to do with Phase I"; which motion was seconded by Director Dailey, but subsequently failed 'when'submitted to a.roll call vote, described as follows: Ayes = Director Bussey - total 1; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth ' and'Young -- total 6; Absent - None. At this time, a proposed Ordinance to reclassify this tract was placed on first reading. '(See proposed.Ordinance as follows) There was presented a- proposed Ordinance entitled: AN ORDINANCE RECLASSIFYING Ill PLEASANT VALLEY FARM ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OE ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance then being read.the first time. A motion followed from Director Hollingsworth, seconded by Director Keith,. to_suspend. the rules and place the Ordinance on its second reading; with the motion being unanimously adopted by the'Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. .Following the second reading of the Ordinance, the rules were again suspended and the Ordinance placed on its.third and final reading by a motion made and seconded by Directors Linkous and Dailey, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors_ elect. The third and last reading of the Ordinance resulted in an.Aye and No Vote being taken on the passage ' of the Ordinance, which received the following response: Ayes - None; Noes - Directors Keith and Dailey, Mayor - Wimberly, - Directors Linkous, Bussey, Hollingsworth and Young - total 7; Absent - None. Accordingly, it was announced that the Ordinance had failed to pass. Again presented for consideration was Zoning Petition No. Z -2934, submitted by the Tall "Timber - Development Corporation,. requesting the reclassification of a 56 -acre tract located at 885 Stagecoach Road (See Petition for lengthy legal description) from "A" One- family District to "E -1" Quiet Business, "MF 12" Multi- family, "MF 24" Multi- family, "ME 18" Multi- family, "F" Commercial and "C" Two- family Districts, which had received ;t he:approSal of the Planning Commission on December 4, 1975 and was j subsequently deferred until this time at the December 16, 1975 meeting of the Board of Directors. At this time, Mr. Ned Wright, Attorney for the.applicant, announced that a compromise had been reached between the applicant and the opponents to alter the zoning plan in the original tract, and add an additional 20 -acre tract north of Brodie Creek as part of the overall development with a requested classification of "F" Commercial.' When Director Linkous contended that this was an unprecedented request and questioned the advisability of acting on the request at this time and Director Young stated that, due to this new development, he was unprepared to vote on the matter at present, Attorney Wright withdrew his request for zoning of -the 20 -acre tract north of Brodie Creek and asked that the Board of Directors consider at this.time, only the original plan for the area south of Brodie Creek, as altered. It was then stated by Mr. James A. Finch, Acting Director of Comprehensive Planning, that the Staff was rot APRIL 6, 1976, Cont'd. only made aware of the compromise plan on the previous day and had had insufficient time to analyze the additional request. Mr. Finch added that a decision on the original request could not be made without-taking into consideration the property to the north of Brodie Creek, which the applicant obviously plans to develop in a similar.manner and which would subsequently affect.the property along Highway No. 5 and the surrounding area.. Mr. William Terry., Attorney for the opposing property owners, stated that to the best of his knowledge the property owners were agreeable to the compromise; and Director Hollingsworth commented that compromise.was.not the issue and that the dominant issue was planning. and.the.orderly..growth of the.City. ..(See proposed Ordinance, as follows) A proposed Ordinance was presented- at.this time,.with the title be AN-ORDINANCE RECLASSIFYING 885 STAGECOACH.ROAD IN.THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and after the first.reading of the Ordinance, there was an ensuing motion from Director Bussey that the Ordinance be amended to include the compromise described in the preceding paragraph. However, the motion failed to receive a second; and a subsequent motion.followed from Director,vHollingsworth, seconds by Director Keith, that the rules be suspended.and the,Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members "present,, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the second time. The rules were again suspended at this time to allow for the third and last reading of the Ordi- nance by a motion made by Director Hollingsworth, seconded by Director Dailey, and unanimously adopted t the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: .Ayes - None; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Abstaining.- Director Bussey - total 1; Absent - None. It was therefore announced that the Ordinance had failed to pass. A Public Hearing had been scheduled for this time and place to hear arguments on the Petition of C. A. Barnett and various other persons to vacate and close all of the alley in Block 8 of Pfeifer's Addition to the City of Little Rock, Arkansas. As.-notice of the hearing had been duly published on March 23, 1976 and March 30, 1976 as required by Ordinance,.the Public Hearing was declared to be open. However, there was no one.present who.wished to address to the issue, the Public Hearing was declared closed, and an Ordinance to close the alley was placed on first reading. (See Ordinance No. 13,147, as follows) Presented at this time was Ordinance No. 13,147, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN BLOCK EIGHT, PFEIFER'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Bussey, which was seconded by Director Linkous and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; after which the rules were again suspended and the Ordinance was placed on.its third and final reading, resulting from a moti by Director Bussey, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by an Aye and No Vote on the passage of the Ordinan which resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linko Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was declared passed. 1 1 L21 APRIL 6, 1976, Cont'd. Again presented was the Petition of the Arkansas Highway Commission; Mr. and Mrs. Lemuel V. Clement, Dorothy Saunders and W. A..Saunders, requesting the vacating and closing of a. portion of the ' alley in Block 4 of the Masonic Addition to the City of Little Rock, Arkansas, which had received the approval of the Planning Commission. As a Public Hearing on this matter had been designated for this time and place, with notice thereof having been duly published on March 23, 1976 and March 30,-1976 as required by Ordinance, the Public Hearing was declared to be open. Opposition to the proposed alley closure was voiced by Mr. Robert'Cearley of the Quapaw Quarter Association, who asked that the Board defer consideration of this alley closure until.such time as the_Board considers other related items (the proposed construction of a Waffle.House Restaurant in the immediate vicinity, currently in litigation; and the proposed condemnation of the site by the City under its right of iminent domain). Representing the Petitioners, Mr'. William B. Putnam, insisted that approval of this petition would not affect the Quapaw Quarter or disturb the Central Little Rock Urban Renewal Project. Mr: Putnam also pointed out that there were no objectors among the adjacent property owners; that the value of the proper y is set; and that no additional amount would be asked if the City purchases the-property., Responding to a statement by Mr. Cearley that there are two ladies who live in the block who are opposed to the alley closure, Mr. Putnam'stated -that these ladies had attended the hearing before the Planning Commission and ' had stated that they did not object. Mayor Wimberly then declared the Public Hearing closed, and a related Ordinance was.placed.on first reading. (See proposed Ordinance, as follows) Introduced at this time was'a proposed Ordinance, entitled:' ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING PART OF THE ALLEY IN BLOCK 4, MASONIC ADDITION TO THE CITY OF LITTLE ROCK, 'ARKANSAS; and the Ordinance was read the first time. -A motion by Director Bussey, seconded by Director Linkous, to suspend the rules and place.the Ordinance on its second reading, received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey - 'total 5; Noes - Directors Hollingsworth and Young.- total 2;' Absent - None. The motion having been adopted, the Ordinance was then read.the second time. A subsequent motion was made at this time to again suspend the rules and place the Ordinance on.its third and final reading, with the motion being made by Director Linkous, seconded by Director.Dailey, - and- adopted by the: following roll call vote:. Ayes - Directors Keith and Dailey, Mayor Wimberly; Directors Linkous and Bussey - .total 2; Noes - Directors,Hollings- worth and Young - total 2; Absent - None. There was a third and last reading of. .the Ordinance; after . which the question of.the passage., of the Ordinance was submitted to a roll call vote resulting as follows: Ayes - Mayor Wimberly and Directors Linkous and__Bussey - total 3; Noes - Directors.Keith, Dailey, Hollingsworth and Young - total 4; Absent - None..-Therefore, it was announced that the Ordinance had failed;to be passed.- tOrdinance No. 13,148 wasipresented, with the title being: 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 AND ASSIGNING SAME TO WARDS; (Annexation of 2.830 acres,.more or less, by Pleasant Valley, Inc., adjacent to the C: M..Taylor. ' property, and in the vicinity of Interstate 430, pursuant to Court Order dated November 12, 1975) with there being a first reading.of the Ordinance. There was .a motion at this time from Director Bussey, seconded by Director Hollingsworth, to suspend the rules and place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members.of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion again made and seconded by Directors Bussey and - Hollingsworth, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last.reading.of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith and Dailey, ,222 APRIL 6, 1976, Cont'd. Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was declared passed. The next.item presented for consideration was Resolution No. 5,515, described as: ' A RESOLUTION TRANSFERRING FUNDS FROM THE CENTENNIAL PARK FUND FOR DEVELOPMENT OF A PLAYGROUND IN MURRAY PARK; AND FOR OTHER PURPOSES; (Transfer of funds in the amount of $4,107.50) with the Resolution being read in its entirety. A motion was then made by Director Linkous, seconded by Director Dailey, which resulted in the adoption of the Resolution by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None: There was presented Ordinance No. 13,149, entitled: AN ORDINANCE APPROPRIATING THE FUNDS FOR CENTRAL ARKANSAS EMERGENCY MEDICAL SERVICE CENTER; AND FOR OTHER PURPOSES; (Appropriation of $1,200) with said Ordinance being read the first time. The.rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Hollingsworth, seconded by Director Linkous,.and unanimously adopted by the Board Members being seven in number and two- thirds or more of the ' present, members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion to suspend the rules and place the Ordinance on its third and final reading; with the motion being made by Director Linkous, seconded by Director Dailey, and adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, and the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. It was announced that the Ordinance had been passed. The next item presented for consideration was a proposed Resolution, containing the following'.. .. title: A RESOLUTION TRANSFERRING FUNDS FROM WITHIN THE PARKS AND RECREATION BUDGET TO THE 1976 SUMMER. . BASEBALL PROGRAM FOR THE AMERICAN LEGION; AND FOR OTHER PURPOSES; (Transferring funds in the amount of $2,500) , and the Resolution was read in its entirety. In response to a question by Director Hollingsworth concerning the source of these funds, Mr. Mahlon Martin, Assistant to the City Manager, stated that the request for these funds was'not initially made at zhe Community Development Block Grant Hearing. Mr. Martin advised that $2,500 was cut.from the funds allocated for the summer recreation budget, and the Community Development Block Grant funds are not involved. Mr. Bill Whipple made a statement that should the City contribute to the American Legion's baseball program, it would be obligated to contribute to the organizations within the City which have baseball clubs. .A representative of the American Legion asked that the Board adopt.this Resolution, and advised that this is not a neighbor- hood league; rather, it is a league.of boys between the ages of 15 to 18 years of age from all parts of the City. Mrs. Irma Hendricks spoke in opposition to the funding of this program, stating that it would represent "bias" on the part of the Board. The Resolution was then submitted to a roll call vote as the result of a motion from Director Young, seconded by Director Linkous, and subsequently failed to pass by a vote recorded as follows: Ayes —Mayor Wimberly - total 1; Noes - Directors Keith, Dailey, Linkous; Bussey, Hollingsworth and Young total 6; Absent - None. , 11111223 APRIL 6, 1976, Cont'd. Presented at this time,was Resolution No. 5,516, entitled: A RESOLUTION,REPROGRAMMING AND,REALLOCATING CERTAIN,MODEL CITIES PROGRAM FUNDS; AND FOR OTHER 1 PURPOSES; and there was a complete - reading of the Resolution. A._motion then:followed from Director Hollingsworth, seconded by Director Bussey, which resulted in a roll call vote whereby the Resolution was.adopted as herein recorded: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young.- total 7; Noes - None; Absent - None. ' Next presented was - Resolution No. 5,517, described as: A RESOLUTION PROVIDING FOR THE EXECUTION OF A PROPOSED AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND THE UNITED STATES DEPARTMENT.OF HOUSING.AND URBAN DEVELOPMENT; AND.FOR OTHER PURPOSES; which Resolution was read in full and subsequently adopted by a motion made and seconded by Directors Hollingsworth and Bussey, respectively,.-and by the.following roll call vote:. Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total-7; Noes - None; Absent -. None. Resolution No.,.5,518.was presented at,this. time, and entitled:. A RESOLUTION ACCEPTING -BIDS AND AWARDING ANNUAL CONTRACTS FOR AUTOMOTIVE BATTERIES AND CONCRETE ' BLOCKS, BRICKS AND B- STONES; FOR THE-PURCHASE.OF VARIOUS AUTOMOBILES, TRUCKS AND OTHER,VEHICULAR.EQUIP- MENT; FOR THE.DEMOLITION OF.30 CONDEMNED STRUCTURES; AUTHORIZING PAYMENT; AND.FOR OTHER PURPOSES; with there being a full reading of the Resolution, followed by a motion from Director.Dailey, seconded by Director Hollingsworth, for adoption of,the.Resolution.. A roll,call.was,taken..and the ensuing vote adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; ..Noes- None;. Absent,.- None. The next presentation was Resolution No. 5,519, containing the following.title: A RESOLUTION AUTHORIZING THE PURCHASE OF .A PROFESSIONAL APPRAISAL FOR CERTAIN LOTS.IN,BLOCK 4, MASONIC ADDITION TO THE CITY OF LITTLE ROCK; AND FOR OTHER.PURPOSES; and there was a complete reading of the Resolution. .Director Keith then made a motion that the.Board offer the appraiser the sum of $300 as the total payment -for the.appraisal. The motion was seconded by Director - Bussey.; and a statement followed from Director Linkous to the effect.that the Board had previous y agreed upon an appraisal cost of $600,and it•was -his opinion that.the,Board- .should defeat.this motion. ' the resulting.roll call vote then failed..to adopt the motion as follows: Ayes - Directors.Keith and. Hollingsworth - total 2; .Noes - Director Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 5; Absent -,None. The. Resolution,. as.originally.presented, was,then submitted to a roll call vote.in compliance with'a motion.by Director Hollingsworth,..seconded by.Director.Bussey, which, received the following response: Ayes - Directors Keith.and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Accordingly, it was announced that the Resolution had been adopted. Resolution No. 5,520 was presented,.with the title being:. A RESOLUTION APPROVING.THE VARIOUS PROJECTS AND ALLOCATION OF FUNDS AS PROVIDED FOR IN THE.CITY OF LITTLE ROCK COMMUNITY DEVELOPMENT BLOCK.GRANT.PROGRAM..FOR THE,YEAR.1976 -1977; AUTHORIZING THE FILING OF AN APPLICATION•FOR.SAID FUNDS;,AND FOR OTHER PURPOSES; .. with the Resolution being read in.full. A discussion then centered.upon Director Bussey's request.that the Resolution include provisions for repair of the 800 block'of Concord Street and Director Keith and Mr. Nathaniel - Hill,, Director.of the Department of Human Resources, recommended that the estimated ' $67,000 needed for this project be deducted from a training program for minority contractors and street repair projects on Center Street from 20th Street to Roosevelt Road, and at the Mount Zion Church intersection. Director Dailey then.made a.motion, seconded by Director Hollingsworth, that a vote on the Resolution be deferred for two weeks. However, Mr. Hill protested a delay of this matter, stating that a delay would result in the loss of the City's grant; and Directors Dailey and Hollingsworth 224 APRIL 6, 1976, Cont'd. subsequently withdrew their motion and second. Director Young then made a recommendation, to which the Board Members concurred, that the subject of repairs to Concord Street be held'in abeyance until the next meeting of the Board of Directors. , Director Bussey was excused at this time. A motion was then made by Director Linkous, seconded by Director Hollingsworth, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director i Bussey - total 1. Presentation was then made of Ordinance. No.'13,150,'entitled: AN ORDINANCE APPROPRIATING FUNDS TO BE USED IN PROVIDING A TORNADO WARNING SYSTEM FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Appropriation of $50,000'from Federal Revenue Sharing Fund's)' with the Ordinance being read the first 'time; after which, there was "a motion from Director Hollings- worth, seconded by Director Keith for a suspension of the rules to provide for the second reading of " the Ordinance at this time. The motion was'adopted by unanimous vote'of 'the Board Member's present, I being six in number and two- thirds or.more of the members of the Board of Directors- elect; and the Ordinance was then read the second time. There was a'subsequent suspension of the rules and the ' Ordinance was placed on its third and final reading by a motion of Director Linkous, seconded by Director Keith, which was unanimously'adopted'by the Board'Members present, being six. in 'number' and two - thirds or more of the members of the Board of Directors- elect. The third and'last reading of the " Ordinance was followed by an Aye and No Vote on the passage'of the Ordinance, which received the follow- ing response: Ayes . Directors Keith and Dailey, Mayor Wimberly, Directors Linkous; Hollingsworth and I Young - total 6; Noes - None; Absent - Director`Bussey - total 1.. "' The final item of the,Official Agenda, a proposed Resolution, was presented at this time, 'with the title being: A RESOLUTION PERTAINING TO'SECURITY'FOR BANKING FACILITIES; AND FOR OTHER PURPOSES; and after a full reading'of the Resolution, there was a motion'by Director Keith that the Resolution'be' adopted. The motion was seconded by Director Dailey and submitted to a roll'call vote whereby the Resolution failed n 'be adopted as herein described: Aye's - Directors Keith and Dailey —total 2; ' Noes - Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 4; Absent - Director Bussey total 1. Various subjects were discussed by citizens in time provided for Citizens Communications, including the paving of Concord,Street, the existing traffic hazard at the intersection of 6420 Asher Avenue where a Kroger Store is located, the American Legion Baseball Program, repairs needed to East 9th Street, and' li the need for supervision and crime prevent gnat Centennial "Park and various other neighborhood;parks. '= A written request was also presented by CDBG Planning Committee Members of the Granite Mountain area I pertaining to community needs and problems. There being no further business to be presented'or to.come before the Board of Directors at this time, upon motion of T irector Keith, seconded by Director Dailey, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:45 o'clock.P. M., to meet again in regular session on Tuesday, April 20, 1976'it 7:30 o'clock P. M. " ATTEST: �/i'1,Q/ APPROVED: City Clerk Mayor IF� 0 .Board of Directors. Chamber Little Rock, Arkansas April 20, 1976 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in. regular .session with Assistant Mayor Hollingsworth presiding and Jane Czech, City Clerk, and the following Directors present: Director Keith,'Dailey, Linkous and Young - total 4; Absent - Mayor Wimberly and Director Bussey - total 2. As there was a quorum in attendance,_it was so announced, and the proceedings of the meeting are I recorded as follows: The Invocation was given by Director Linkous. The first presentation was the Consent Agenda, consisting of the following items: (a) The minutes of the previous meeting held on April 6, 1976. (b) An Interim Report on the Clapboard Hill Traffic Operational Change., (c) A Report pertaining to control of weeds, rubbish and other offensive property conditions within the City of Little Rock. (d) The scheduling of a meeting pertaining to a policy review of the Parks and Recreation Department. (e) A Report on the status of the voluntary annexation of Christ the King Church property on Rodney Parham Road. (f) The Quarterly Financial Statement of the City of Little Rock, Arkansas, for the period ending March 31, 1976. (g) The Annual Financial Report of the City of Little Rock, Arkansas for the year 1975 (h) The Audit Reports of the Police, Fire and Municipal Judges Pension Funds for the year 1975. (i) Resolution No. 5,521, entitled: A RESOLUTION SUPPORTING THE CLEAN COMMUNITY SYSTEM AS DEVELOPED BY KEEP AMERICA BEAUTIFUL, INC.; AND FOR OTHER PURPOSES. and (i) Mr. Jim Conner, Chairman of the City Beautiful Commission, discussed this subject, present slide pictures, and requested that the Board of Directors appoint a "CZean Community Committee "; Resolution No. 5,521 was read and adopted. At this time, the 1975 Audit Reports for the Police, Fire, and Municipal Judges Pension Funds were presented. Director Keith stated he had examined the Actuarial Reports for the Police and Fire Funds; and from these reports he had determined that there will be sufficient funds for a ten year period. However, Mr. Keith added, on an actuarial basis, there is only 20% funding for the Fire and Police Pension Funds. A motion was subsequently made by Director Keith, seconded by Director Dailey, that the three Reports be received and filed, and that all future ,job applicants for the Police and Fire Depart- ments be advised that their retirement program is 20% funded on an accrued liability basis." The motion was submitted to a roll call vote and adopted as follows: Ayes - Directors Keith, Dailey and Linkous, and Assistant Mayor Hollingsworth - total 4; Noes - Director Young - total Z; Absent - Mayor ' II Wimberly and Director Bussey - total 2. Mayor Wimberly was enrolled at this time; however, Assistant Mayor Hollingsworth continued to preside for the remainder of the meeting. A Public Hearing had been scheduled for this time and place to hear arguments pertaining to the appeal requested by Mr. Hoyt A. Green of the Planning Commission's denial on March 4, 1976 of Petition As the result of a motion made by Director Dailey, seconded by Director Keith, and unanimously adopted by the Board Members present, the following disposition was made of the Consent Agenda items: (a) The minutes of the previous meeting held on April 6, 1976 were approved as written and summarized to the Board of Directors; (b):& c) The Reports were received and fiZed; (d) The meeting was scheduled for May 5, 1976 at 7 :30 o'clock A. M. at the Rebsamen Club House; (e, f & g) ' The Reports were received and fiZed; (h) This item was removed from the Consent Agenda (See below); and (i) Mr. Jim Conner, Chairman of the City Beautiful Commission, discussed this subject, present slide pictures, and requested that the Board of Directors appoint a "CZean Community Committee "; Resolution No. 5,521 was read and adopted. At this time, the 1975 Audit Reports for the Police, Fire, and Municipal Judges Pension Funds were presented. Director Keith stated he had examined the Actuarial Reports for the Police and Fire Funds; and from these reports he had determined that there will be sufficient funds for a ten year period. However, Mr. Keith added, on an actuarial basis, there is only 20% funding for the Fire and Police Pension Funds. A motion was subsequently made by Director Keith, seconded by Director Dailey, that the three Reports be received and filed, and that all future ,job applicants for the Police and Fire Depart- ments be advised that their retirement program is 20% funded on an accrued liability basis." The motion was submitted to a roll call vote and adopted as follows: Ayes - Directors Keith, Dailey and Linkous, and Assistant Mayor Hollingsworth - total 4; Noes - Director Young - total Z; Absent - Mayor ' II Wimberly and Director Bussey - total 2. Mayor Wimberly was enrolled at this time; however, Assistant Mayor Hollingsworth continued to preside for the remainder of the meeting. A Public Hearing had been scheduled for this time and place to hear arguments pertaining to the appeal requested by Mr. Hoyt A. Green of the Planning Commission's denial on March 4, 1976 of Petition APRIL 20, 1976, Cont'd. e No. Z -2992, to rezone property at 3701 West llth Street, described as Lot 1, Block 16 of Forest Hill Addition, from "B" Residence District to "F" Commercial District. As the applicant had duly filed with the office of the City Clerk notification - receipts to all residents within a 200 -yard radius, it ' was announced that the Public Hearing was open and all persons wishing to address to the issue should come forward and be heard at this time. Six opponents of the proposed rezoning were present and represented by Mrs. Bently Hatch of 3719 West 11th Street, who urged the Board to uphold the Planning Commission's decision on the basis of this being a residential neighborhood and the deterioration of property values which they anticipated as a result of such.rezoning. The applicant, Mr. Hoyt Green, argued that commercialization of the area was inevitable due to its proximity with the Wilbur Mills Freeway, and added that he wished to utilize the property as the site for a small craft shop. A propos Ordinance to reclassify the subject property was placed on first reading, following an announcement by Assistant Mayor Hollingsworth that the Public Hearing was closed. (See proposed Ordinance, as follows) Presented at this time was a proposed.Ordinance, entitled: AN ORDINANCE RECLASSIFYING 3701 WEST 11TH STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time; after which, there was a motion by Director Dailey, seconded by Director Linkous for a suspension of the rules and the placing of the Ordinance on its second ' reading. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was then made by Director Linkous, seconded by Director Dailey, that the rules again be suspended to allow for the third and final reading of the Ordinance; with the motion being unanimously adopted by the Board Members present, being 'six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in the taking of an Aye and No vote,on the passage of the Ordinance, which received the following response: Ayes - None; Noes - Directors Keith, Dailey and Linkous, Mayor Wimberly, Assistant Mayor Hollingsworth, and Director Young - total 6; Absent - Director Bussey.- total 1. It was announced that the Ordinance had FAILED TO PASS. The following Zoning Petitions, as approved by the Planning Commission, were presented at this time: Z- 29955 - -, From Troy Mullens, to rezone 5523 West 34th Street, described as Lots 11 & 12, Block 8, I Ruebel and Leymer's Addition to the City of Little Rock, Arkansas, from "B" One- family District to "I" Light Industrial District. Z -3003 - From Sandy James for Derol M. May, to rezone 215 North Shackleford Road, described as the West one -half of Block 36 and the north 50 feet of the West one -half of Block 37 of the Santa Fe Park Addition, and the South 20 feet of Grove Street.adjacent, from "A" One- family District to "F" Commercial District. Z -3008 - From Warren A. Mercer and Charles R. Jones, to rezone 2015 West.-Third Street (See Pet for lengthy legal description) from "B" One- family and. "F" Commercial Districts to "D" Apartment District. As there was no opposition presented to the rezoning of the -above-described properties, an Ordinance to reclassify same was placed on first reading.. (See Ordinance No. 13,151, as follows) Ordinance No. 13,151 was presented, with the title being:_ AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2.OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,..ARKANSAS; AND FOR OTHER PURPOSES; ' with the Ordinance being read the first time. The rules were then suspended_to provide for the second reading of the Ordinance, by a motion made by Mayor Wimberly, seconded by Director Dailey, and unanimous) adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion APRIL" 20 1976, Cont'd. made and seconded by Mayor Wimberly' and Director Dailey; respectively, to suspend the rules and again place the Ordinance on its third and final reading".. The motion received unanimous adoption by -the Board Members present, being six in number and two - thirds or more of the members of the Board -of ' Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No vote, which received the following response: Ayes - Directors Keith, Dailey and Linkous, Mayor Wimberly, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; -Absent = Director Bussey - "total 1. The Ordinance was declared passed. Next presented was Zoning Petition No. Z- 1859 -F submitted by Rector- Pbil`lps- Morse, Inc., to rezone 1200 North University Avenue, containing a lengthy legal description as shown on the Petition, from "MF 12" Multi= family District to "E -1" Quiet Business and "A" One- family Districts, as approved by.the Planning Commission: Speaking in-'protest of the proposed rezoning, Mrs. Jo Kimmins referred to the close proximity of this property to Forest.Heights Jr. High School and requested that this matter be deferred until the next meeting to allow for representatives.of the School Board to address the Board. Assistant Mayor Hollingsworth stated -that he had been contacted by two members of the School- Board, who wished to appear before the Board concerning the proposed rezoning. Mr. Byron Morse, the applicant, spoke briefly in support of theePetition, adding that it was his opinion the proposed rezoning would ' have no adverse affect on the School Board. A proposed Ordinance was then placed on first reading. (See proposed Ordinance as follows) There was presented a proposed Ordinance, described as: AN ORDINANCE RECLASSIFYING 1200 NORTH UNIVERSITY AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time: A motion by Director Linkous, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading was then submitted to a roll call vote, which received the following response:' Ayes - None; Noes - Directors Keith and Dailey, Mayor Wimberly, Director Linkous, Assistant Mayor Hollingsworth-and Director Young'- total .6; Absent - Director Bussey - total 1.. It was announced that the suspension of the rules had failed, and the Ordinance would remain on the calendar for second read'ing'on May 4; 1976. Presented at this time was Zoning Petition No..Z -3002 of Julius Scheidt and Douglas Mason by ABC Realty Company to rezone 812 Marshall Street, described as Lots 9 & 10 of Block 2, Marshall and Wolfe's Addition to the City of Little Rock, Arkansas, from "E -1" Quiet Business and "C" Two - family Districts to "E -l" Quiet Business District on Lot 10 (the residential lot), which Petition had received the approval of the Planning Commission on April'l, 1976. As there was no one present to oppose the rezoning of this property, an Ordinance to reclassify same was placed on first reading. (See Ordinance 'No. 13,152, as follows) Then presented was Ordinance No. 13,152, entitled: AN ORDINANCE RECLASSIFYING 812 MARSHALL IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance, by a motion made by Director Linkous, seconded by Director'Dailey, and unanimously adopted by the Board Members present,.being.six in number and two - thirds or more of the members of the Board of Directors - elect. There was a-second reading of the Ordinance, followed-by a motion from Mayor Wimberly, seconded by Director.Keith, that the rules again be suspended and the Ordinance be ' placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last.time. 'The resulting Aye and No roll call vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith and Dailey,'Mayor Wimberly, Directors Linkous and Young - total 5; Noes - Assistant Mayor Hollingsworth - "total 1; Absent - APRIL 20, 1976, Cont'd. Director Bussey - total 1. The Ordinance was declared passed.. Zoning Petition No. Z -2998, having been approved by the Planning Commission on April 1, 1976, was presented for consideration by the Board'of Directors at this time.' The Petition was submitted by Ed Beard of McKay and Company to rezone 10720 Kanis Road, which property contains a lengthy legal description as shown on the Petition, from "A" One- family District to "E -1" Quiet Business District. No opposition was presented to the rezoning of this property; therefore, an Ordinance complying with applicant's request was presented for first reading. (See proposed Ordinance below) A proposed Ordinance was presented, with the title being: AN ORDINANCE RECLASSIFYING 10720 KANIS ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY.OF LITTLE ROCK,.ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A roll.call vote was then taken on a motion by Director Dailey, seconded by Director Keith, to suspend.the rules and place the Ordinance on its second reading, with the response described as follows: Ayes.- None; Noes - Directors Keith and Dailey, Mayor Wimberly, Director Linkous, Assistant Mayor Hollingsworth and.Director Young - total 6; Absent - Director Bussey. Accordingly, it was announced.that_ the suspension of'.the rules had failed and the Ordinance would remain on the calendar for second reading on May 4, 1976. Introduced at this time was Ordinance No.. 13,153, entitled: AN.ORDINANCE ACCEPTING THE ANNEXATION TO THE.CITY OF LITTLE ROCK, ARKANSAS, OF LOT 1, J.M.H. SUB- DIVISION, PULASKI COUNTY, ARKANSAS, WHICH LAND IS CONTIGUOUS TO THE EXISTING PRESENT CITY LIMITS; AND FOR OTHER PURPOSES; (Court Order dated.February 25, 1976) with said Ordinance being read the first time. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Young, seconded by Director Dailey, and unanimously adopted by the Board Members.present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the secon time, and an ensuing motion was made by Director Young, seconded by Director Dailey, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in.number and two - thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. An Aye and No vote was then taken on the passage of the Ordinance, with the response described as follows: Ayes - Director Dailey, Mayor Wimberly, Director Linkous, Assistant Mayor. Hollingsworth and Director Young - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. r ThiatEmeigdticyaCla eetcontbLined in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call voter Ayes - Director Dailey, Mayor Wimber, Director Linkous, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. It was therefore, announced that the Ordinance, together with the Emergency Section, had been passed. A Report pertaining to an emergency communications system to aid the deaf was presented, and subsequently received and filed upon motion of Director Keith, seconded by Director Dailey, and by unanimous voice vote of the Board Members present. Resolution No. 5,522 was presented, with the title being: A RESOLUTION APPROVING THE DELIVERY OF MUNICIPAL AIRPORT REVENUE BONDS AUTHORIZED BY ORDINANCE NO. 13,145; APPROVING THE DESIGNATION OF A TRUSTEE AND PAYING AGENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and the Resolution was read in its entirety. A motion was made by Director Linkous, and seconded by Director Keith, that the Resolution be adopted. A roll call was taken and the Resolution was sub- sequently adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Director Linkous, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None; Absent - Director 1/ APRIL 20. 1976, Cont'd. Bussey - total 1. The subject of,a Review by the.Board of Directors of the fees and charges assessed by the City of Little Rock was briefly discussed, and resulted in the scheduling of a meeting on Tuesday, April 27, 1976 for this purpose. - The next presentation was Resolution No. 5,523, described as: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR SUPPLIES FOR-THE TRAFFIC DEPARTMENT; STREET SWEEPER; MOWING AND FERTILIZING EQUIPMENT; AND A TRACTOR-AND PORTABLE AIR COMPRESSORS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was "a motion by Director Young, seconded by Director Dailey, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Director Linkous, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Director Bussey - total 1. At the April 6, 1976 meeting of the Board of Directors, Resolution No.. 5,515 was adopted and provided for the transfer of $4,107.50 from the Centennial Park Fund to Murray Park for the development of a playground. As some opposition has resulted, the possibility of reconsidering this action was the ' subject of a discussion at this time. The discussion was prefaced by a statement by City Manager Carleton McMullin, who explained that the development plan at Centennial Park had been completed and all the improvements had been provided, with the - exception of lighting which was withheld due to citi objections. Mr. McMullin added that others were not notified prior to this action because it.was the opinion of the Parks and Recreation Department 'that the improvements at Centennial Park had been carried out; that it was within the authority of the Board to reallocate funds; and that there are funds avail- able to light the park at such time as there are no citizen objections. Miss Clai Morehead was present and requested that the Board reconsider this reallocation of funds and contended that "park.officials have tried to slip by this action ", while all improvements to the park, such as placing of benches, have not been completed. Also speaking in opposition, Mrs. A. B. Morehead called attention to the fact that there are no restroomrfacilities at Centennial Park and, in addition, requested supervisory personnel at the park. Mr. McMullin responded that the resources of the City would not permit supervision for neighbi hood parks, but added that benches for this park are on order and funds have been encumbered for that purpose. Displaying pictures of facilities at Centennial Park and.contending that the City had done ' what it set out to do by developing a quality neighborhood park, Mr. Julius Breckling, Director of the Parks and Recreation Department, added that he felt the City should take advantage of the Junior League': offer and develop a playground at Murray Park. A comment was made by Director Dailey that he had attend- ed the dedication of Centennial Park and was impressed with the development; however, Assistant Mayor Hollingsworth commented-that it seemed inappropriate "to take from one park and give to another." The outcome of the discussion was a decision by the Board to sustain.its prior action in reaZZocating these funds, foZZowing a motion from Assistant Mayor Hollingsworth, seconded by Director Keith, that the acti be reconsidered. Assistant Mayor Hollingsworth's motion failed to be adopted by a roll call vote described as follows: Ayes - Assistant Mayor Hollingsworth -.total l; Noes.- Directors Keith and Dail Mayor Wimberly, Directors Linkous and Young - :total 5; .Absent - Director Bussey,- total 1. Presented for consideration at this time was Resolution No. 5,524, entitled: A RESOLUTION AUTHORIZING THE CITY.MANAGER TO MAKE APPLICATION FOR FUNDS.TO'THE FEDERAL HIGHWAY ADMINISTRATION; AND FOR OTHER PURPOSES; (For construction -of a Bikeway) with the Resolution being read . in -full.. There was a motion then made by Director Keith, seconded by Director Linkous, which resulted in.adoption of the Resolution by the following roll -call vote: Ayes - Directors Keith and-Dailey, Mayor Wimberly, Director Linkous, Assistant_ Mayor- Hollingsworth and Director Young - total 6; Noes - None. Absent - Director Bussey - total.l. 230 ' APRIL 20, 1976, Cont'd. Resolution No. 5,525 was presented; with the title being: A RESOLUTION GRANTING A FRANCHISE TO EXTEND AN EXISTING STRUCTURE IN THE PUBLIC OWNED RIGHT OF WAY OF COMMERCE STREET; AND FOR OTHER PURPOSES; ' (Franchise to Hollis and Company, 330 East Third Street) and after a complete reading of the Resolution, there was a motion by Director Linkous, seconded by Director Dailey, that the Resolution be adopted. A roll call was taken and the responding vote adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Director Linkous, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Director Bussey - total 1. A lengthy discussion was held at this time pertaining to the following three items which were included on the Official Agenda: (a) A proposed Ordinance condemning certain properties in Block 4 of Masonic Addition to the City of Little Rock, Arkansas. (b) A proposed Ordinance amending the Central Little Rock zoning provisions to restrict Conditional Use Permits on properties abutting MacArthur Park. (c) A proposed Resolution urging the Board of Adjustment to denyConditional Use Permits in certain situations. Speaking first and representing the MacArthur Park Neighborhood Association, Mrs. Athalee Walrod discussed the alleged commercial invasion of a residential neighborhood and park and conveyed the wish , of hert.organization to go on record as "being in favor of preserving our neighborhood from being a rest stop for interstate traffic "(reference to proposed construction of a Waffle House in the vicinity of MacArthur Park). Much of the discussion-centered upon the proposed formation of a Historic District bounded by Capitol Avenue, Fifteenth Street, Interstate 30 and the alley between Scott and Main Streets. The Executive Director of the Little Rock Housing Authority, Mr. Clifton L. Giles, advised that the idea of a Historic District was originally conceived as an integral part of the Central Little Rock Urban Renewal Plan; and he briefly discussed Item (b) requesting that action be deferred on this subject until i such time as his staff had had an opportunity to study the aspects of such proposed action. Supporting the concept of a Historic District and representing the Quapaw Quarter Association, Mr. Bob Cearley stated that the district would attract residents and business to the downtown area. In discussing such a district, Mr. Cearley advised that it would have to be approved by a majority of the property owners within the district; it would be under the jurisdiction of a five - member commission, as provided by state law and appointed by the Board of Directors; and the jurisdiction of the commission would not include the use of the property within the district, but would deal exclusively with exterior architect- , ure. Also speaking in support of.a Historic District, Mr. Bob Joblin, of Little Rock Unlimited Progress, maintained that this would•.be the "turning point'of the downtown area and would bring new life into the Referring to Item (a), Attorney Jack Williams contended that the Board of Adjustment was within area." its authority in granting a Conditional Use Permit for the construction of a Waffle House at this location; that the Board of Directors would not be acting within its jurisdiction in condemning this property; and he urged the Board to make a decision "in fairness to my client." Mr. Williams stated he did not object to the -idea of a Historic District, but suggested that the Board postpone action on the matter until it had obtained the advice.of the Housing Authority. Mr. Herbert C. Rule then spoke briefly, urging the Board to direct the staff to explore the possibility of a Historic District'and suggesting that interested citizens be encouraged to offer advice and assist with the planning and implementation of the District. A motion was made at this time by.Director Dailey "to defer Items (a) and (b) for such a period of time as is necessary to study and discuss the establishment of a Historic District." The motion was seconded by Director Young and adopted by the following roll call vote: '! Ayes - Directors Keith, Dailey and Linkous, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - Mayor Wimberly - total 1; Absent - Director Bussey - total 1. I 1 1 RJ: APRIL 20, 1976, Cont'd. Subsequent to the foregoing'-discussion,,-.Resolution No.- 5,526 was.then presented, with the-title being: A RESOLUTION OF THE -BOARD OF DIRECTORS PERTAINING TO THE USE -OF PROPERTY IN THE AREA ADJACENT TO MacARTHUR PARK IN- LITTLE ROCK, ARKANSAS;, and, following a full reading:of the Resolution, there was a motion.by Director Dailey, seconded by Director Young, for adoption of the Resolution. Responding to a question posed by Director Hollingswortl pertaining to actual effect this Resolution would have, City Attorney Joseph C..Kemp ruled,that. "it woulc have no effect whatsoever on the property within the Central Little Rock area;..it only expresses the - desires of the Board." Director Young then expressed his support•of the Resolution,.stating that it was incumbent upon the Board to convey its position on certain issues. Director Dailey's motion was then submitted to a roll call vote which adopted the Resolution as herein described:.. Ayes - Directors Keith, Dailey, Linkous and Young - total 4; Noes- - Mayor Wimberly and.Assistant Mayor Hollingsworth - .total 2; Absent - Director Bussey - total I.. The final - -item of -the Official._ Agenda -was concerned with the selection of•a.General: Land -Use and Growth Policy for the City of Tattle Rock. Four options had been submitted to the Board for consider- ation at this time by the urban planning consulting firm of Booz -Allen and Hamilton of San Francisco, California. Option No. 5 had been submitted by Director Dwight Linkous; who at -this time urged -its adoption: Director Young commented that.he would be amenable to Options•3, 4 or.5; which - opinion was also shared by spokesmen for the Arkansas Community Organization £or:Reform Now.(ACORN), and Mr. Bob Joblin, Executive Director of Little Rock Unlimited Progress. A number of speakers expressed their support of Option No. 5, among whom were Mr. Luke Quinn of the Little Rock Chamber of Commerce, Mr. Dan Robinson of the Little Rock -North Little Rock Board of Realtors and Mr. Bruce E. Blackall of the Home Builders Association of Little Rock.. Mr. Blackall contended that Option No. 5 differed from the other alternatives in that it addressed itself specifically,to both the economic and the socio- environmental impacts of real growth throughout all of the City. Mr. Quinn complimented the City Government in developing "this most difficult new posture" and emphasized implementation, rather than specific policy. A University of Arkansas faculty member, Mr. Carl Styers, suggested that Option 5 be altered at certain points and that the entire matter be deferred at present. Mr. William B. Putnam also spoke in favor of on Option No. 5 was overruled by Assistant Mayor Hollingsworth, who stated that the options would-be individually submitted to a roll call vote in numerical order. A vote on this ruling was called by Director Linkous, and the ensuing roll call vote sustained the chair as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly and Assistant Mayor Hollingsworth - total 4; Noes - Directors Linkous and Young - total 2; Absent-- Director Bussey - total 1. A roll call vote was then taken on the five Options for a General Land Use and Growth Policy for the City of Little Rock, Arkansas, with the results described as follows: OPTION NO. 1: Ayes - None;. Noes - Directors Keith and Dailey, Mayor Wimberly, Director Linkous, Assistant Mayor Hollingsworth and Director Young - total 6; Absent - Director Bussey - total 1. ' OPTION NO. 2: Ayes - None; Noes - Directors Keith and Dailey,.Mayor Wimberly, Director Linkous, Assistant Mayor Hollingsworth and Director Young - total 6; Absent - Director Bussey - total 1. OPTION NO. 3. Ayes - Directors Keith and Young - total 2; Noes - Director Dailey, Mayor Wimberly, Director Linkous and Assistant Mayor Hollingsworth - total 4; Absent - Director Bussey - total 1. I Option No. 5, and Mr. Don R. Venhaus emphasized the importance of the implementation process, although ' he did not endorse a specific option. The opposition of Mrs. Jim Johnson, of 14 Beverly Place to Option No. 5'was related by the City Clerk, who stated she had-received a telephone call from Mrs. Johnson requesting that the records reflect her opposition. 'A motion by Director Linkous for a roll call vote on Option No. 5 was overruled by Assistant Mayor Hollingsworth, who stated that the options would-be individually submitted to a roll call vote in numerical order. A vote on this ruling was called by Director Linkous, and the ensuing roll call vote sustained the chair as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly and Assistant Mayor Hollingsworth - total 4; Noes - Directors Linkous and Young - total 2; Absent-- Director Bussey - total 1. A roll call vote was then taken on the five Options for a General Land Use and Growth Policy for the City of Little Rock, Arkansas, with the results described as follows: OPTION NO. 1: Ayes - None;. Noes - Directors Keith and Dailey, Mayor Wimberly, Director Linkous, Assistant Mayor Hollingsworth and Director Young - total 6; Absent - Director Bussey - total 1. ' OPTION NO. 2: Ayes - None; Noes - Directors Keith and Dailey,.Mayor Wimberly, Director Linkous, Assistant Mayor Hollingsworth and Director Young - total 6; Absent - Director Bussey - total 1. OPTION NO. 3. Ayes - Directors Keith and Young - total 2; Noes - Director Dailey, Mayor Wimberly, Director Linkous and Assistant Mayor Hollingsworth - total 4; Absent - Director Bussey - total 1. I 232�I APRIL 20, 1976, Cont'd. OPTION NO. 4: Ayes — Assistant MayorHollingsworth and Director Young - .total .2; Noes - Directors Keith and Dailey, Mayor Wimberly and Director Linkous total 4; Absent - Director Bussey - total 1. OPTION NO. 5: Ayes - Director Dailey, Mayor Wimberly ;;;IDirectors,Linkous,and Young.- total 4; Noes - Director Keith and-Assistant Mayor Hollingsworth - total- 2; Absent - Director Bussey :- total l.. . It was therefore announced that Option No_..5 had been approved,by the:Board of Directors.: -(See. - - Resolution No. 5,527; as follows) ' Presented at this time-was Resolution.No. 5,527; with the title being; - A RESOLUTION SETTING•.FORTH THE POLICY OF THE CITY:OF:LITTLE ROCK PERTAINING TO LAND USE AND. URBAN GROWTH; AND FOR OTHER PURPOSES; . with there being a complete reading of the Resolution.. A motion for adoption of,fthe Resolution was made by Director Linkous and seconded by Director Dailey. The ensuing roll call vote adopted the Resolution as herein described: Ayes - Director Dailey,. Mayor Wimberly;- Directors Linkous and Young - total 4; Noes - Director Keith and Assistant Mayor Hollingsworth - -total 2;.- Absent -- Director I Bussey - total 1. - There being no further business to be presented or to come-before the Board of Directors,,upon , motion of Mayor Wimberly, seconded by Director Keith, the meeting was adjourned at 10:00.o'clock P. M., to meet again in regular session on Tuesday, May 4; 1976.at 7:30 o'clock P. M. I I I i (%t I ATTEST: APPROVED: City Clerk Assistant Mayor I I _ I I Board of Directors Chamber Little Rock, Arkansas April 27, 1976 - 7:10 A. M. The Board of Directors of the City of Little,Rock, Arkansas met.in Special Session with Waiver of Notice,of, the Special Meeting, signed by each Director, filed with the City Clerk. Presiding were Mayor George E. Wimberly and City Clerk Jane Czech,'with the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Young - total 5; Absent - Director Hollingsworth - total 1. There being a quorum in attendance and it being so stated, Mayor Wimberly announced that the purpose of the Special Meeting was to request an executive session of the Board to consider personnel matters. At this point, Mayor Wimberly made a motion that "the Board go into executive session." Director Dailey seconded the motion which was unanimously adopted by voice vote, and the executive session was held in the _Board's Conference Room. Board of Directors Chamber, Little Rock, Arkansas April 27, 1976 - 8:40 A. M. The Board of Directors reconvened from Executive Session with Mayor Wimberly presiding and Jane Czech, City Clerk calling the roll with the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. Mayor Wimberly then announced that "a personnel matter was discussed, but no action was taken at this time." Director Hollingsworth suggested that "action could be taken at a later date." There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Keith, seconded by Director Dailey, and by unanimous vote of the Board Members present, the meeting was adjourned at 8:45 o'clock A. M., to meet again in regular session on Tuesday, May 4, 1976 at 7:30 o'clock P. M. ATTEST: City Clerk APPROVED: Mayor 22 Board of Directors Chamber Little Rock, Arkansas May 4, 1976 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Young - total 5; Absent - Director Hollingsworth - total 1. As there was a quorum in attendance, it was so "announced, and the "meeting then proceeded as herein described: The Invocation was given by Mayor Wimberly. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on April 20, 1976,'and'the Special Meeting held on April 27, 1976. (b) Resolution No. 5,528, entitled: A RESOLUTION APPOINT -NG MRS. CHARLOTTE'ROBERTS AS AN HONORARY LIFE MEMBER TO THE LITTLE ROCK CITY BEAUTIFUL COMMISSION. (c) A Report pertaining to on- street parking on the east-side of Old Forge Road for a distance of 275 feet going north from Rodney'-Parham -Road. (As provided by Resolution No. 5,494) (d) A Comparative Statement of Income Account of the Little Rock-Municipal Water Works for the month of March, 1976. As the result of a motion by Director Linkous, which was seconded by Director Bussey and adopted by unanimous voice vote of the Board Members present, the foregoing items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors; (b) Resolution No. 5,528 was read and adopted; (c & d) The Report and Comparative Statement were received and filed. Director Hollingsworth was enrolled. Zoning Petition No Z -2848 was presented at this time, having been submitted by Mr. Floyd Fulkerson for the purpose of rezoning approximately 69 acres located at 13000 Hinson Road, with a lengthy legal description as shown on the Petition, from "A" One- family District to "F" Commercial and "MF 12" Multi- family Districts, as approved by the Planning Commission. The first speaker was Attorney Phillip Dixon; who stated that an appeal, currently pending on the Board's 1975 decision to deny Mr. Fulkerson's rezoning request for development of this land, would be withdrawn if the Board would at this time approv an alternate plan which would reduce the area to be zoned Commercial to ten acres. Mr. Dixon further stated that his client, Mr. Fulkerson, was amenable to entering into a covenant with the opposing Longlea residents whereby 36.49 acres adjacent to the Longlea Subdivision would be restricted to "A" One- family for a ten -year period and to "MF 6" for an additional ten -year period. Also opposed to the development plan were a number of residents of Pleasant Valley Addition, represented at this time by a delegation of approximately 40 persons, with Mrs. Myra Jones, president of the Pleasant Valley Property Owners Association, speaking for the group. Mrs. Jones said the development would reduce the level of city services in the area, adversely affect the financial investment that residents have in the neig hood and increase the financial burden on the City to provide basic City Services. With the use of various charts, Mrs. Jones also projected a future traffic count in this area of 28,000 cars per day generated by the proposed development, combined with the existing development in the area. A slide presentation was given by Mr. Steve Stephens, who called attention to commercial development in the area, some of which has subsequently failed; and he contended that added commercialization was unnecessary as that existing was adequate to serve the area. Other persons who spoke in opposition to the rezoning ' were Mr. Winston Chandler of 545 Valley Club Circle, Mrs. Thecia J. Power of 63 Pebble Beach Drive; Dr. Thomas J. Smith of 491 Valley Club Circle; Dr. Betty Caldwell of 187 Pleasant Valley Drive; and Dr. George Morrison Henry, President of the Board of Directors of the Pulaski Academy, which is located in the immediate vicinity of the subject property. At this time, Director Linkous discussed the issue, MAY 4, 1976, Cont'd. described the proposal as "one of the best planned developments that has ever been submitted" and expressed the wish that "this Board would not deny the future growth of the City of Little Rock." Several comments were made by the Board Members, including the question of whether or not the City possesses the resources at present to handle improvements to a development of this type (Director Dailey); the matter of inadequate time to consider the new proposal submitted at this meeting by Attorney Dixon (Director Young); and the inadvisability of .dealing on this matter from the point of view of compromise, rather than from growth . policy for the City (Director Hollingsworth). A motion was then made by Director,Keith and seconded by Director Hollingsworth, that the zoning plan be amended to spec an "MF 12" Classification for all of the subject property. Director Keith's motion was submitted to a roll call vote and subsequently failed to be adopted by a vote described as follows: Ayes - Director Keith, Mayor Wimberly and Director Linkous - total 3; Noes - Directors Dailey, Bussey, Hollingsworth and Young - total 4; Absent - None. A proposed Ordinance, prepared in compliance with the above - describ zoning petition, was then placed on first reading. (See proposed Ordinance, as follows) Presented at this time was a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 13000 BLOCK HINSON ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended and the.Ordinance placed on its second reading by a motion made by Director Hollingsworth, seconded by Director Dailey and unanimous adopted by the Board Members present, being seven.in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance and an ensuing motion, again made and seconded by Directors Hollingsworth and Dailey, respectively, to again suspend the rules to allow fo the third and final reading of the Ordinance at this time. The motion to suspend the rules for the thir reading was submitted to a roll call vote and adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey, Hollingsworth and Young - total 6; Noes - Director Linkous - total l; Absent - None. There was a third and'last reading of the Ordinance, and the resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - None; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Absent - None. It was announced that the Ordinance had FAILED TO PASS. Presented for second'reading at this time was a "proposed Ordinance, described as: AN ORDINANCE RECLASSIFYING 1200 BLOCK NORTH UNIVERSITY AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER',_,,; PURPOSES; and there was a second reading of the Ordinance, which was first read on April 20,1976. A motion by Director Hollingsworth, seconded by Director Dailey, to suspend the rules for the third and final reading of the Ordinance, failed when submitted to a roll call vote, the results of which are described as follows: Ayes - None;' Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Absent - None. The Ordinance was "therefore,- left on the calendar for third reading on May 18, 1976. The next presentation was the Petition of Rector - Phillips -Morse requesting the vacating and closing of Reserve A, Prospect Terrace Addition No. 3, pursuant to the authority granted the Board of Directors under Arkansas Statute 19 -2304, Section "Second'." (See Resolution No. 5,529, setting the date of June 1, 1976 for a Public Hearing on this matter) Resolution No. 5,529 was presented, with the title being: ' RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A TRACT OF LAND KNOWN AS RESERVE "A ", PROSPECT TERRACE 413 ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with the Resolution being read in its entirety, followed by a motion from Director Bussey, seconded by MAY 4, 1976, Cont'd. Director Young, for its adoption. A roll call was taken and the resulting vote adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. A Report on the History of Cable Television in the City of Little Rock was presented at this time, ' and was subsequently received and filed by a motion from Director Keith, seconded by Director Linkous, and by unanimous voice vote of the Board Members present. A suggestion was then made by Director Dailey that a work session be held pertaining to this subject at sometime within a 90 -day period. This recommendation was unanimously approved by the Board Members present and Mayor Wimberly announced that this session would be open to the public, with the date of which would be announced later. A proposed Resolution was introduced at this time, with the title being: A RESOLUTION AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. It was explained by City Attorney Joseph C. Kemp that this amendment provided for the removal of a provision in the Program for street improvements to Center Street from 23rd Street to Roosevelt Road, and the allocation of the sum of $67,500 for street improve- ments to the 800 block of Concord Street. As there was no ensuing motion for adoption of this Resoluti it was then announced by Mayor Wimberly that the Resolution had failed. Resolution No. 5,530 was presented, and entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR HOSPITALIZATION FOR CITY EMPLOYEES; AND FOR OTHER PURPOSES; which Resolution was read in its entirety, and thereafter adopted upon motion from Director Linkous, seconded by Director Young, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. There was presented Resolution No. 5,531, described as: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR FIRE:iHOSE AND.EQUIPMENT; TOWEL AND LINEN SERVICE; CHEMICALS, FERTILIZERS AND POOL SUPPLIES AND HEAVY EQUIPMENT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion from Director Linkous for adoption of the Resolution. The motion was seconded by Director Dailey, and submitted to a roll call vote by which the Resolution was adopted as follows:. Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. (III Presented for consideration at this time was a proposed Ordinance, entitled: 1 AN ORDINANCE CONDEMNING CERTAIN PARCELS OF REAL PROPERTY TO BE USED FOR PARKS AND PARK PURPOSES; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS; AND FOR OTHER PURPOSES; (911 McAlmont Street) . with there being a first reading of said Ordinance. This Ordinance had been scheduled for presentation on April 20, 1976 (See Page 230 of this Minute Record), but was deferred due to consideration being given at that time to the establishment of a Historic District, the boundaries of which would encompass the subject property. The condemnation issue was discussed at length at this time by Director Linkous, who contended that it had little effect on the establishment of a Historic District, and he subsequently called on the Board to either condemn and purchase the property in question or defeat the Ordinance. There was an ensuing motion from Director Hollingsworth that the deferral of this item from April 20, 1976 be expunged from the record. The motion was seconded by Director Linkous; and by general consensus of the members of the Board of Directors, the Ordinance was removed from the calendar at this time. Pursuant to the foregoing item, a request was made by Director Young, and approved by the Board ' Members present, that the proposed closing of a portion of an alley in Block 4 of the Masonic Addition to the City of Little Rock be placed on the calendar for reconsideration at the next meeting of the Board of Directors. (See Page 221 of this Minute Record, for record of prior consideration of this subject) J 137 MAY 4, 1976, Cont'd. The next presentation was Ordinance No. 13,154, containing the following title: AN ORDINANCE ESTABLISHING A HISTORIC DISTRICT COMMISSION, DEFINING THE INITIAL DUTIES OF THE COMMISSION, THE NUMBER AND TERMS OF THE MEMBERS OF THE COMMISSION, AND FOR OTHER,PURPOSES; and upon first reading of the Ordinance, there was a motion by Director Hollingsworth, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, -being seven in number and two - thirds or more of the members of the Board of Directors elect; and the Ordinance was read the second time. At this time, the rules were again suspended to allow for the third and final reading of the Ordinance by a motion made and seconded by Directors Keith and Linkous, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No vote being taken on the passage of the Ordinance, which received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The Ordinance was declared passed. There was presented at this point,a proposed Ordinance, entitled: AN ORDINANCE AMENDING SECTION 44 -9 OF CHAPTER 44 OF THE CODE OF ORDINANCES PERTAINING TO SIGN REGULATION; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. City Manager Carleton McMullin explained that under existing regulations, all signs for which no permits have been issued will become illegal and subject to removal on May 12, 1976.. The Staff's recommendation, as outlined by Mr. McMullin, was that the sign ordinance be amended to extend the non - penalty time to January 1, 1977; and subsequent to passage of the proposed ordinance, that a.CETA employee be recruited to enforce the ordinance pertaining to thel un- permitted signs. Speaking in favor.of the amending ordinance from a standpoint of making the Sign Ordinance "workable without alienating sign - owners" was Mr. Robert Cearley, presenting the Quapaw Quarter Association, and Ms. Kathy Bonds, representing the League of Women Voters. It was contended by Director Linkous that sufficient money had not been appropriated by the City to properly enforce the Sign Ordinance, that information had not been adequately disseminated to the business community to warrant compliance and, therefore, passage of the proposed Ordinance would penalize a large humber of businesses throughout the City. A motion was then made by Director Young to amend the proposed Ordi- nance to provide "that any existing sign not permitted and tagged by May 12, 1976 shall be classified as abandoned and removed, or shall be permitted as a new sign." The motion was seconded by Director Keith who, after an ensuing discussion, withdrew his second. For the purpose of submitting the proposed amendment to a vote, Director Linkous then seconded the motion, but contended that "the Board should defeat this amendment." A roll call.vote was taken at this time, and the motion to amend the Ordinance was defeated by the following.vote: Ayes - Director Young - total 1; Noes - Director Dailey, Mayor Wimberly, and Director Linkous - total 3; Abstaining - Directors Keith, Bussey and Hollingsworth - total 3. Director Linkous then made a motion, which was seconded by Director Dailey, for a suspension of the rules and the placing of.the Ordinance on its second reading, and the resulting roll call vote is described as follows: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous and Young - total 4; Noes - Directors Keith and Hollingsworth - total 2; Abstaining - Director Bussey - total 1. It was announced that the motion had.failed and the proposed Ordinance would therefore remain on.the calendar for second reading on May 12, 1976. Then presented was Resolution No. 5,532, described as: A RESOLUTION AUTHORIZING BOOZ, ALLEN AND HAMILTON TO CONTINUE THE LAND USE STUDY INTO PHASE II; AND FOR OTHER PURPOSES; with the Resolution being read in full. Responding to an inquiry by Director Hollingsworth, Mr. Ron Jona h, II ✓ 238 F 6, Cont'd. nt of the firm of Booz, Allen and Hamilton, assured the Board that its members would have sufficient time to review any proposals before they were submitted to a vote, and that the second phase would include as many work sessions and public hearings as the Board wished to have. Following the , brief discussion, the Resolution was subsequently adopted upon motion of Director Hollingsworth, seconded by Director Bussey, and by the following roll call vote: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous; Bussey, Hollingsworth and Young - total 6; Noes - Director Keith - total 1; Absent - None. The final item of the Official Agenda was presented at this time, being Resolution No. 5,533, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE ADVERTISING AND PROMOTION COMMISSION; AND FOR OTHER PURPOSES; (Appointment of Mr. B. Finley Vinson for a.four year term commencing May 5, 1976) and, after a full reading, the Resolution was adopted by a motion from Director Dailey, seconded by Director Hollingsworth, and by the following roll call vote: Ayes- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. There being no further business to be discussed at this time, upon motion of Director Hollings- worth, seconded by Director Keith, and unanimously adopted, the meeting was recessed at 10:35 o'clock P. M., and scheduled to reconvene on May 12, 1976 to further consider an amendment to the Sign Ordinance, and various other matters. / (y/ ATTEST: y„L�' ✓ APPROVED: (� (/ `Mayor City Clerk v II LO9 . Board of Directors Chamber l Little Rock, Arkansas May 12, 1976 - 4:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from May 4; 1976, with Assistant Mayor Hollingsworth presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Linkous, Bussey and Young - total 4; Absent - Mayor Wimberly and Director Dailey - total 2. As there was a quorum in. attendance, it was so announced, and the following is an account of the proceedings. Mayor Wimberly enrolled; Assistant Mayor Hollingsworth continued to preside. The first matter for consideration was Resolution No. 5,534, entitled: A RESOLUTION ACCEPTING AN OFFER OF THE ARKANSAS STATE HIGHWAY DEPARTMENT TO ACQUIRE AN EASEMENT FOR HIGHWAY PURPOSES OVER AND ACROSS CERTAIN LANDS OWNEED BY THE CITY OF LITTLE ROCK AND HELD FOR THE USE ' AND BENEFIT OF THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION TO BE USED FOR THE CONSTRUCTION OF THE EAST BELT STRUCTURED CONTROLLED ACCESS HIGHWAY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID EASEMENT IN ACCORDANCE WITH THIS RESOLUTION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TEMPORARY CONSTRUCTION EASEMENT; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. The Resolution was subsequently adopted upon motion of Director Bussey, seconded by Director Linkous, and by the following roll call vote: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Director Dailey - total 1. Resolution No. 5,535 was next presented, described as: A RESOLUTION ACCEPTING AN OFFER OF THE ARKANSAS STATE HIGHWAY COMMISSION WHICH DESIRES TO ACQUIRE THREE PARCELS OF LAND IN THE CITY OF LITTLE ROCK PORT INDUSTRIAL PARK FOR THE PROPOSED EAST BELT FREEWAY AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE SALE OF SAID PROPERTY TO THE ARKANSAS STATE HIGHWAY COMMISSION AND UPON THE COMMISSIONS EXERCISING THE CONTRACT TO SALE AUTHORIZES THE MAYOR TO EXECUTE A DEED AND THE CITY CLERK TO ATTEST SAME IN ACCORDANCE WITH THE PROVISIONS OF THE CONTRACT OF SALE; AND FOR OTHER PURPOSES; . and the Resolution was read in its entirety. A motion was made by Director Bussey, and seconded by Director Linkous, that the.Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes'- Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Assistant Mayor.Hollingsworth and Director Young - total 6; Noes - None; Absent - Director Dailey - total 1. Resolution No. 5,536 was then presented,.with.the title being:' A RESOLUTION ACCEPTING AN OFFER OF THE ARKANSAS STATE HIGHWAY COMMISSION TO SELL TO THE CITY OF LITTLE ROCK A TRACT OF LAND ADJACENT TO THE CITY OF LITTLE ROCK INDUSTRIAL PARK WHICH LAND WAS ACQUIRED BY THE STATE HIGHWAY COMMISSION IN CONNECTION WITH THE EAST BELT FREEWAY; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Bussey,.seconded by Director Linkous, that the Resolution be-adopted. The ensuing roll call vote then adopted the Resolution'as herein described: Ayes - Director Keith,.Mayor Wimberly, Directors Linkous, Bussey, Assistant Mayor Hollingsworth and Director-Young - total 6; Noes - None; Absent - Director Dailey - total 1. The next presentation was Resolution No. 5,537, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER OF LITTLE ROCK TO ACQUIRE FEDERAL FUNDS FOR THE CLEAN CITY COMMITTEE; AND FOR OTHER PURPOSES; _ and after a complete reading of the Resolution, there was a motion by Director Bussey,.seconded by —11 IF 240 MAY 12, 1976, Cont'd. Director Linkous, that the Resolution be adopted. A roll call was taken and the responding vote adopted the Resolution as recorded herein: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Director Dailey total 1. The next subject for discussion was a proposed amendment regulating signs in the City of Little Rock. A proposed Ordinance entitled:_ "AN ORDINANCE AMENDING SECTION 44 -9 OF CHAPTER 44 OF THE CODE OF ORDINANCES PERTAINING TO SIGN REGULATION; AND FOR OTHER PURPOSES ", was read the first time on May 4, 1976 (See Minute Record A -5; Page 237).' After lengthy discussion on May 4th both for, and against the proposal, the ordinance remained on the calendar for second reading. A this time, a Substitute Ordi- nance, No. 13,155, was presented and entitled:' AN ORDINANCE AMENDING SUBSECTION "b" OF SECTION 44 -9 OF THE CODE OF ORDINANCES PERTAINING TO SIGN REGULATION`AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. At a Work Session prior to reconvening, Attorney Robert Cearley, presented an alternative proposal that would extend the time to January, 1977 for obtaining permits which applied the permit fee. At this time, Director Bussey made a motion "that Mr. Cearley's proposal presented at the Work Session, be approved with the exclusion of the permit fee ", which would be compatible with the existing substitute ordinance now under consideration. The motion was seconded by Director Young. A substitute motion was then made by Director Keith, seconded by Assistant Mayor Hollingsworth, "that the proposal as prepared and presented by Mr. Cearley be adopted." Both motions were submitted to a vote with the results on the substitute motion of Director Keith as follows: Ayes - Director Keith-and Assistant Mayor Hollingsworth - total 2; Noes - Mayor Wimberly, Directors Linkous, Bussey and Young - total 4; Absent - Director Dailey - total 1. The results of the motion made by Director Bussey is described as: Ayes - .Director Keith, Mayor Wimberly, Directors Linkous, Bussey and Young - total 5; Noes - Assistant Mayor Hollingsworth - total 1; Absent - Director Dailey - total 1. It was announced that the substitute motion had failed and the motion made by Director Bussey to extend the time for receiving non =fee permits until January 1, 1977 had been adopted. Following the adoption of the above motion, the rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Linkous, seconded by Director Bussey and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance and an ensuing motion by Director Keith, seconded by Director Linkous, to allow for the third and final reading, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the Members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance, which received the following response' Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey and Young - total 5; Noes - Director Hollingsworth - total 1; Absent - Director Dailey - total 1. The Ordinance was then declared-PASSED. At this point in the reconvened meeting, Assistant Mayor Hollingsworth, presiding, made a statement to the Board of Directors requesting an Executive Session to evaluate the performance of City Manager Carleton E. McMullin. He named several issues he would like evaluated, some of which are: The utilization of human resources in City Government; The reorganization of City Departments; The effect- iveness of the Office of Management Support; The.lack of input by the Board of Directors in the Budget preparation; and, Communication between.the City Manager and the Board. After brief discussion between Director Young and Assistant Mayor Hollingsworth, regarding the legality of the discussion of these , issues in executive session, Director Linkous made a request to recess to the Conference Room for the purpose stated above. Therefore, the Board.recessed at 4:55 o'clock P. M. � I L�141 MAY 12, 1976, Cont'd. Board of Directors Chamber Little Rock, Arkansas May 12, 1976 - 6:17 P. M. The Board of Directors reconvened from Executive Session with Mayor Wimberly presiding and Jane Czech, City Clerk, calling the roll with the following Directors present:. Directors Keith, Linkous, Bussey, Hollingsworth and Young - total 5; Absent — Director Dailey - total 1. Mayor Wimberly.then stated that the Board of Directors should vote publicly whether to, or not to, retain the services of the City Manager, and to continue the evaluation of items brought to the Board along with others that might be raised by Board Members during the next month. Director Linkous then made a motion to "retain the services of the City Manager of the City of Little Rock, and within the next thirty days evaluate items as outlined by Director Hollingsworth and any other matters." This motion was seconded by Director Young and adopted by the following roll call vote:. Ayes - Director Keith, Mayor.Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; ' Absent - Director Dailey - total 1. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Linkous, and unanimously adopted by the Members present, the meeting was adjourned at 6:22 o'clock P. M., to meet again in regular session on Tuesday, May 18, 1976 at 7.:30 o'clock P. M. ATTEST: APPROVED: �/ \ City Clerk Mayor. Board of Directors Chamber Little Rock, Arkansas May 18, 1976 - 7:30 P. M. The Board of Directors of the City. of Little Rock, Arkansas met in regular session and in the :r, absence of Mayor Wimberly and Assistant Mayor Hollingsworth; upon motion of Director Linkous, seconded by Director Dailey, and by unanimous vote of members of the Board present, Director Young was elected to serve as Acting Mayor. With Director Young presiding and Jane Czech, City Clerk, the following Directors were present: Directors Keith, Dailey, Linkous, and Bussey - total 4; Absent — Mayor Wimberly and Assistant Mayor Hollingsworth - total 2. As there was a quorum in attendance, it was so announced, and the meeting then proceeded as herein described: The Invocation was given by Director Linkous. The first presentation was the Consent Agenda, consisting of the following items: (a) The minutes of the previous meeting held May 4, 1976 and the reconvened meeting held on May 12, 1976. 1 (b) Report on the efforts to secure a new Landfill site for the City of Little Rock. (c) Resolution No. 5,538, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR PLASTER WORK AT Mac ARTHUR PARK; A FIFTEEN PASSENGER VAN;. PARKING METER MECHANISMS; ONE FIRE TRUCK; DEMOLITION OF CONDEMNED STRUCTURES;.AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. As the resuZt.of a motion made by Director Bussey, seconded by Director Dailey, and unanimously adopted by the Board Members present, the following disposition was made of the Consent Agenda items: (a). The minutes of the previous meeting held on May 4, 1976 and the reconvened meeting held on May 12, 1976, were approved.as written and summarized to the Board of Directors; (b) The Report on securing a new Landfill site was received and filed; and (c) Resolution No. 5,538 was read and adopted. The following Zoning Petitions, as approved by the Planning Commission, were presented at this time: Z -2996 - From Charles M. Alman, Agent for Sol Alman, to rezone Lots 1 thru 3 and Lot 14, Mercantile Trust Company Subdivision of Block 3, Hanger's Addition (924 Hanger Street), from "C" Two- family District to "I" Light Industrial District. Z -3017 - From William F. and Kathy Ball, to rezone 118 North Pulaski Street, described as the North 50 feet of Lots..l and 2, Block 336, Original City, from "G -1" Commercial District to "I" Light Industrial District. Z- 3021 -,7 From Danny Thomas, Agent for the Keller Estate, to rezone 901 Barrow Road, described in lengthy legal description attached to petition, from "A" One - family District to "E -1 -A" Lodging, Nursing Home and Undertaking District. In connection with Item Z -2996, upon question by Director Bussey, the petitioner, Mr. Sol Alman advised that he has no immediate plans for-development, but will probably turn the matter over to a Realtor for development that will comply with the use. Mr. Nathaniel Hill, Director of Human Resources, advised Director Bussey that he had no objections to the rezoning of this property. As there was no other discussion or opposition presented to the rezoning of the above - described properties, an Ordi- nance to reclassify same was placed on first reading. (See Ordinance No. 13,156, as follows) , Ordinance No. 13,156 was presented with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to provide for the second �2�3. MAY 18, 1976, Cont'd. reading of the Ordinance, by a motion made by Director Linkous, seconded by Director Dailey, and unanimou l;y adopted by the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion made by Director Dailey and Director Linkous, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being five in number and two - thirds or more of'the members of the Board of Directors- elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following response: Ayes - Directors Keith, Dailey, Linkous, Bussey and Acting Mayor- Director Young —total 5; Noes - None; Absent - Mayor Wimberly and Assistant Mayor Hollingsworth - total 2. There was an announcement that the Ordinance had PASSED. - Assistant Mayor Hollingsworth was enrolled, and presided throughout the remainder of the Meeting. Presented for third and final reading at this time was a proposed Ordinance, described as: AN ORDINANCE RECLASSIFYING 1200 BLOCK NO. UNIVERSITY AVE. IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Six acres to be developed for offices; from "ME 12" Multi- family District to "A" One- family and ' "E -1" Quiet Business Districts) - and there was a third reading of the Ordinance, which was first read on April 20; 1976,'with the second reading occurring on May 4, 1976. Mrs. Lucy-Abraham, Vice President of the Little Rock School Board was present and read the following statement: "At a•special meeting of the Little Rock School Board held on Tuesday, May 18, -1976, the following action was taken: 'The Little Rock School Board recommends that the City Board of Directors. leave Tract B of the property located at the northeast corner of University and Evergreen zoned ME -12, and that a 50 -foot strip along Evergreen Street be designated a buffer zone and rezoned A -1 between buildings to be constructed, and Forest'Heights Junior -High School'.' Mrs. Abraham told the Board that apartments would enhance the school and it was the hope that some children would be living in the apartments to attend this school. Mrs. Jo Kimmins of 1600 North University Avenue, a property owner, spoke in opposition to the proposed rezoning and requested the Board of Directors to proceed carefully until the Growth Study is completed. Mr. Byron Morse of Rector - Phillips- Morse, the petitioner, presented a Plot Plan of the Area and stated that he was amazed at the School Board's opposition. He further.remarked'that the .Planning Commission had approved the proposal, which he felt would be a "better, nicer and cleaner use of the property with no curb cuts on University or Evergreen." Following the discussion, a roll call was taken on the passage of the proposed Ordinance with the results "&recorded as follows: Ayes - Directors Dailey, Linkous and Bussey 3; Noes - Director Keith, Assistant Mayor Hollingsworth and Director Young - total 3; Absent— Mayor Wimberly - total 1. Therefore, it was declared that the Ordinance had FAILED TO PASS. The*next matter to be considered was Resolution No. 5,539, entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS,- SETTING THE DATE OF HEARING ON THE PETITION TO VACATE PART OF ALLEY IN BLOCK 4, MASONIC ADDITION TO THE- CITY OF LITTLE ROCK, ARKANSAS; (Public Hearing set for June 15, 1976 at 7:30 P. M. - See Minute Record- No. A -5 at Pages 212 and 221. Petition filed in Petition -file(,t on April 6, 1976) with the Resolution being readiin its entirety. -A motion was made'at this time by Director Linkous, seconded by Director Bussey, which resulted in the adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Dailey,'Linkous; Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. The next presentation was the Auditors' Report of the Metrocentre Improvement District Number One for the period ending December 31, 1975 as prepared by L. Cotton Thomas & Company, Certified Public Accountants. Also presented was .the Amended and Substituted Plan of Improvement of Metrocentre Improve- s 244 MAY 18, 1976, Cont'd. ment District No, 1, as reported by the Commissioners of the District. The Amended Plan estimates the cost of improvements as proposed to be $4,585,000, the same to be charged upon the real property of the District according to the benefits received. There was a motion made by Director Linkous to receive and file the Auditor's Report and the Amended Plan of Improvement for the District. This motion was ' seconded by Director Bussey and adopted by the following roll call voter Ayes - Directors Keith, Dailey, Linkous, Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. Ordinance No. 13,157 was presented, with the title being: AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF A TRACT OF LAND LOCATED IN THE SW4 SW4 OF SECTION 3, TOWNSHIP 1 NORTH, RANGE.13 WEST, WHICH IS CONTIGUOUS TO THE EXISTING PRESENT CITY LIMITS, AND FOR OTHER PURPOSES; (Annexation of 21.24 acres, more or less, for Farm Bureau, in the vicinity of Kanis Road and Interstate I 430; Court Order dated April 1, 1976) with said Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Linkous, seconded_by Director Dailey, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion to suspend the rules and place the Ordinance on its third and final reading; with the motion being made by Director Linkous, seconded by Director Bussey, and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, and the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Linkous, Bussey,_ Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith,'Dailey, Linkous, Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. Therefore, the Ordinance, together with the Emergency Section, was declared PASSED. At this time, Mr. Howard Cockrill, Attorney representing the Farm Bureau, requested that the Board of Directors consider the rezoning of 10720 Kanis Road, from "A" One- family District to "E -1" Quiet. Business District, which was not on the Agenda. The proposed Ordinance to accomplish the above described rezoning was read the first time-on April 20, 1976 and left on the calendar for further action until the property was annexed to the City. Director Linkous then made a motion.that the matter be considered, which was seconded by Director Bussey, and adopted by unanimous vote of the Members of the Board of Directors present. Therefore, Ordinance No. 13,158 was presented; and entitled: AN ORDINANCE RECLASSIFYING 10720 KANIS ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the second time; having been read the first time on April 20, 1976. There was a motion which followed from Director Linkous, seconded by Director Bussey to suspend the rules to accomplish the third and final reading, with the motion being unanimously adopted by the Board Members present, being six in- number and two - thirds or more of the members of the Board of Directors - elect. An Aye and No Vote was taken on the passage of the Ordinance, and the resulting vote is described as follows: Ayes - Directors Keith, Dailey, Linkous, Bussey, Assistant Mayor Hollingsworth and Director Young - total ; Noes - None; Absent - Mayor Wimberly - total 1. Whereupon, the Ordinance was declared PASSED. ' Presented at this time was Ordinance No. 13,159, described as: AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, CERTAIN LANDS LOCATED IN THE S2 SW4, SECTION 21, TOWNSHIP 2 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS, CONSISTING OF 22.4 ACRES, MORE OR LESS; � 245 MAY 18, 1976, Cont'd. (For Rainey Development'Company - Pleasant Forest II; Pursuant to Court Order dated March 30, 1976) with said Ordinance being read the first time; after which, there was a motion by Director Bussey, seconded by Director Young for a suspension of the rules and the placing of the Ordinance on its second reading. The motion was unanimously adopted'by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinanc ensued. A subsequent motion was then made by Director Dailey, seconded by Director Linkous, that the rules again be suspended to allow for the third and final reading of the Ordinance; with the motion being unanimously' adopted by the Board Members present, being six in number and two- thirds or more of the members of the'Board of Directors-elect. The third and last reading of the Ordinance-resulted in the taking of an Aye and -No Vote'on the passage of the Ordinance, which received the following response: Ayes - Directors Keith,'Dailey, ' Linkous, Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly = total 1. It was announced that the Ordinance had PASSED. Ordinance No. 13,160 was next presented, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 13,153, -WHICH ACCEPTED THE ANNEXATION TO THE CITY OF.LITTLE.. ROCK, ARKANSAS, OF -LOT T, J.M.H.,SUBDIVISION,- PULASKI COUNTY, ARKANSAS, WHICH LAND IS CONTIGUOUS TO THE 'EXISTING PRESENT CITY LIMITS; AND FOR OTHER PURPOSES; (Amended.to include the rights -of -way of all abutting and adjoining streets thereto) and there was a first reading of the Ordinance. The rules were then suspended for the second reading of the Ordinance, by a motion made by Director Bussey, seconded by Director Linkous, and unanimously adopted by the Board Members present, being six in number and two - thirds -or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion made and ,seconded by Director Linkous and Director Bussey, respectively, to suspend the rules and place the Ordinance on its third.and final reading. The motion received unanimous adoption by the Board Members present, being six in number and two - thirds or�more of .the members of the-Board of Directors - elect, and the-third and last .reading of the Ordinance ensued. The question of passage -of the Ordinance -was then submitted-to an- Aye and'No Vote, which is recorded as-follows: Ayes - Directors Dailey, Linkous, Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - Director Keith - total 1; Absent - Mayor Wimberly - total 1. The Emergency.Clause contained in Section 2 of the foregoing Ordinance was 'then read and adopted by the following.roll call vote: Ayes - Directors Dailey, Linkous, Bussey, Assistant Mayor Hollings- worth and Director Young - total 5;- Noes - Director Keith - total l; Absent - Mayor Wimberly - total'l. The Ordinance together with the Emergency Clause was then declared PASSED. Resolution No. 5,540 was presented,.with the title being: A RESOLUTION RENEWING THE WRECKER SERVICE FRANCHISE GRANTED TO GREATER LITTLE ROCK WRECKER SERVICE PURSUANT TO RESOLUTION #5207 AS AMENDED BY"RESOLUTION #5471; AND FOR OTHER PURPOSES; (For a one year period "effective.June 1,• 1976) and after a full reading of the Resolution,.there was a motion by Director Linkous, seconded by Director Bussey, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as - herein described:, Ayes - Directors Keith, Dailey, Linkous, Bussey, Assistant Mayor Hollingsworth and Director Young - total 6;. Noes - .None; Absent —Mayor Wimberly — total 1. The next matter presented for consideration was Resolution No. 5,541, entitled: A RESOLUTION; (This Resolution requested the .Pulaski County Judge to provide for, and dedicate the right -of -way and lands needed to -make possible the Parkway and Park Project along the south bank of the Arkansas River, through and across the Pulaski County Penal Farm, making possible the connecting together of River Mountain Park and Pinnacle Mountain State Park.) o and the Resolution was read in its entirety. A motion was made by Director Bussey, and seconded by MAY 18, 1976, Cont'd. Director Young, that the Resolution be adopted. A roll call was taken and the Resolution was sub- sequently adopted by the following vote:- Ayes - Directors Keith, Dailey, Linkous, Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - 'Mayor Wimberly - total 1. ' The last item presented for consideration was Resolution No. 5,5421,;:described as: A RESOLUTION ESTABLISHING PROCEDURAL. GUIDELINES RELATING.TO ACQUISITION OF RIGHTS OF WAY FOR COMMUNITY DEVELOPMENT BLOCK GRANT DRAINAGE AND STREET CONSTRUCTION PROJECTS; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, a brief discussion followed. Subsection (a) of Section 1 of the Resolution states that easements and rights of way shall be appraised by a qualified appraiser not employed by the City of Little Rock. Director Linkous questioned if there was a reason that an outside appraiser has to be employed', then the appraisal reviewed by an in -house appraiser; and it was his opinion that the City's own appraiser could make the appraisal. City Manager Carleton McMullin advised that there was no alternative, but to follow the guidelines required by the Federal Housing.and Urban Development. Director Linkous then made.a motion -that the Resolution be adopted. Director Dailey seconded the motion which was adopted by the following roll call vote: Ayes - Directors Keith, Dailey,' Linkous, Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. There being no further business to be presented.or to-come before the Board of Directors, upon motion of Director Bussey, seconded by..Director Young,,and by unanimous vote of the Members present, the meeting was.adjourned at 8:30 o'clock P. M., to meet again in regular, session on Tuesday, June 1, . 1976 at 7:30 o'clock P.M. ATTEST: /� APPROVED: City Clerk Assistant Mayor e V I 47 Board of Directors Chamber Little Rock, Arkansas May 26, 1976 _ 1:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in,Special Session with Mayor George E. Wimberly presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Dailey, Linkous; Bussey, Hollingsworth and Young - total 6; Absent: None. Mayor Wimberly then read the Notice of Special Session, as follows: "May 22, 1976 To the Board of Directors City of Little Rock, Arkansas Gentlemen: Please accept this as notice of a called special session of the Board of Directors to be held at 1:30 o'clock P. M., Wednesday ; -May 26, 1976 in the Board of Directors' Chamber at City Hall. This meeting is called pursuant to Section 19 -708, Arkansas Statutes 1947, annotated for the purpose of recessing the Board to go into executive session and discuss a personnel matter pertaining to.the position of the City Manager. - /s/ George E. Wimberly George E. Wimberly, Mayor Mr. A. M. Keith Mr. Jim Dailey Mr. Dwight Linkous Mr. Charles Bussey Mr. Perlesta Hollingsworth Mr. Jack Young" There being a quorum in attendance, the following proceedings occurred: Director Dwight Linkous made a motion that.the Board of Directors recess and go into Executive Session in the Board's Conference,Room. The motion was seconded by Director Jim Dailey and adopted by unanimous vote of the members of the Board of Directors present. Board of Directors Chamber Little Rock, Arkansas May 26, 1976 - 2;:50 P. M. The Board of Directors reconvened from Executive Session with Mayor Wimberly presiding and Jane Czech, City Clerk, calling the roll, with the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent: None. There was again a quorum in attendance and Director Linkous made a motion that "this City Board of Directors give a vote of confidence to City Manager CarZeton E. McMullin ". Director Dailey seconded the motion, which was then 54dopted by the following roll call vote: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total'5; Noes - Director Hollingsworth - total 1; Abstaining - Director Keith - total 1. At this time, Director Hollingsworth made an announcement that "I am still going to work along with the City Manager and other members of the Board, in spite of my negative vote ". Director Keith also made a statement explaining his abstention as follows: "Because of my prior findings or prior exceptions to Mr. McMullin's office, I believe it would be hypocritical of me, on my part, to vote on the issue ". There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Linkous, seconded by Director Bussey, and by unanimous vote of the Board members present, the meeting was adjourned at 2:55 o'clock P. M., to meet again in regular session on Tuesday, June 1, 1976 at 7:30 o'clock P. M. ATTEST d ��,� APPROVED: L / ^ ✓" "V City Clerk Mayor o a IN Board of Directors' Chamber Little Rock, Arkansas June 1, 1976 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous and Bussey - total 4; Absent: Mayor Wimberly, Assistant Mayor Hollingsworth and Director Young - total 3. In the absence of the Mayor and Assistant Mayor, Director Bussey was elected to serve as Acting Mayor by a motion from Director Dailey, which was seconded by Director Keith and unanimously adopted by the, Board Members present. It was announced that a quorum was in attendance, and the meeting then proceeded as herein described. The Invocation was given by Director Keith. The first presentation was the Consent Agenda, consisting of the following items: (a) The minutes of the,previous meeting held on May 18, 1976, and the Special Meeting of May 26, 1976. (b) Resolution No. 5,543, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR PLAYGROUND EQUIPMENT AND A GRADING MACHINE; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. Resulting from a motion by Director Linkous, seconded by Director Dailey, which was unanimously adopted by the Board Members - present, the following disposition was made of the foregoing items: (a) The minutes of the previous meeting and the Special Meeting were approved as written and summarized to the Board of Directors; and (b) Resolution No. 5,543 was read and adopted. . The next presentation was Resolution No. 5,544, entitled: A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Appointments to the Oakland - Fraternal Cemetery Board; the Little Rock Sign Board of Review; the Pulaski County Economic Opportunity Agency; and the Little Rock Parking Authority) with said Resolution being read in its entirety, and subsequently adopted upon motion of Director Keith, seconded by Director Dailey, and the following roll call vote: Ayes- Directors Keith, Dailey and Linkous, and Acting Mayor Bussey - total 4; Noes - None; Absent - Mayor Wimberly, Assistant Mayor Hollingsworth and Director Young - total 3. The meeting was recessed at 7:40 o'clock P. M. to await the arrival of other Board Members, as the result of a motion by Director Linkous, seconded by Director Dailey and unanimously adopted by the Board Members present. At 7:55 o'clock P. M. the meeting reconvened with Acting Mayor Bussey, City Clerk Jane Czech, and the following Directors present:. Directors Keith, Dailey and Linkous - total 3; Absent - Mayor Wimberly, Assistant Mayor Hollingsworth and Director Young - total 3. It was announced by Acting Mayor Bussey that, due to the absence of three members of the Board, no official action could be taken on the remaining Agenda items; and therefore, these items would be included on the next Agenda for consideration at the meeting of June 15, 1976. By motion of Director Keith, seconded by Director Linkous, and unanimously adopted by the Board Members present, the meeting was adjourned at 8:00 o'clock P. M., to meet again in regular session on Tuesday, June 15, 1976 at 7:30 o'clock P. M. ATTEST: V_4z� City Clerk APPROVED: 4es�4 Act-ing Mayor 1 � Board of Directors Chamber Little Rock, Arkansas -° June 15, 1976 - 7;30 P. M. I The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding.and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Bussey, Hollingsworth and Young - .total.5; Absent: Director Linkous - .total 1. It was announced by the Mayor that there was.a quorum in attendance, and the proceedings of the meeting are recorded herein as follows: The Invocation was.given by Mayor Wimberly. Presented first was the Consent Agenda, consisting of the following items: . j.(a) The Minutes of the previous meeting held on June 1, 1976. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of April, 1976. (c) The Financial Statement of the..Central Arkansas Library System fora period ending December 31, 1975. (d) The Accountant's Report of the Central Arkansas Consortium's Summer Youth Recreation Program ending.September 30, 1975. (e) Resolution No. 5,545, entitled:, - A RESOLUTION INDICATING INTENT TO JOIN.WITH OTHER- GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT - IN THE LITTLE ROCK -NORTH LITTLE ROCK METROPOLITAN AREA TO DEVELOP AND IMPLEMENT A PLAN RESULTING IN A COORDINATED WASTE.TREATMENT-MANAGEMENT SYSTEM FOR THE AREA. (f) Resolution No. 5,546, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR A CONCRETE AND MASONRY PUMP AND HOUSEKEEPING SERVICES AT THE EAST LITTLE ROCK COMMUNITY•COMPLEX;.AUTHORIZING PAYMENT;•AND FOR OTHER PURPOSES. (Concrete Masonry Pump for Parks & Recreation Department) Following a motion by Director Bussey, seconded by Director Keith, for adoption of the Consent Agenda, with all Board Members present voting Aye, the foregoing items were dispensed with as follows: (a) The Minutes of the previous meeting.were approved.as written and summarized to the Board of Directors; (b, c & d) The Comparative Statement, Financial Statement and Accountant's Report were received and filed; (e & f) Resolutions No..5,545 and 5,546 were read in full and adopted. On May 18, 1976 the Board of Directors denied Zoning Petition No. Z- 1859 -F of Rector- Phillips- Morse, Inc. to rezone a six - acre -tract located at 1200 North University Avenue from "ME 12" Multi- family District to "A" One- family District and "E -1" Quiet Business District, as approved by the Planning Commission. In response to a request, the Petition was again presented at this time for possible reconsideration by the Board of Directors. Speaking in favor of the Petition was Mr. Byron Morse, who stated that a cove- nant had been prepared which would provide-that 100 feet on the west end of the property on University Avenue would not be utilized for the parking of motor vehicles.. Responding to an inquiry by Director Young, Mr. Morse stated that he would be amenable to amending the covenant to provide a similar 100 -foot area along the property which borders on Evergreen Drive. Speaking on behalf of the.Little Rock School Board, Mrs. Lucy Abraham called attention to the "whole community of school children" attending three schools in the vicinity who would be subjected.to additional.hazards due to the traffic generated by the proposed development. Mrs. Abraham added that the School Board was much opposed to an "E -1" classificatio for this property and would prefer that it retain its Apartment zoning status. Representing the League of Women Voters, Mrs..Jo Kimmins questioned the effectiveness of a covenant in connection with this property, and City Attorney Joseph C. Kemp responded that a properly filed covenant was enforceable by the courts. A motion was then made by Director Hollingsworth "that the matter be deferred until next WUNE 15, 1976, Cont'd. meeting, due to the absence of Director Linkous, and in the interim period, that the amended covenant be filed and copies submitted to the Board, together with a staff report interpreting the provisions of the covenant." The motion was seconded by Director Dailey and adopted by unanimous vote of the Board Members ' present. Director Bussey was excused at this time. The next presentation was Zoning Petition No. Z- 1894 -B of the Central Baptist Church by L & L Companies, Incorporated, requesting the reclassification of property located at 10500 West Markham Street, containing a lengthy legal description as set out in the Petition, from "A" One- family District and "MF'6" and "MF 24" Multi- family Districts to "E -l" Quiet Business and "F" Commercial Districts, as approved by the Planning Commission. The objections of the residents of the adjacent Ellis Acres and Park Haven Subdivisions were described'by Mr. Don Dutcher of 10209 Ronald Drive. According to Mr. Dutc the promise of a covenant by the Central Baptist Church to provide a 40 -foot buffer between the subject property and adjacent residential property, as well as the closing of Ronald and Raymond Streets, had subsequently been withdrawn. It was contended by Mr. Dutcher that, should these two streets be opened, a considerable traffic flow through these subdivisions would eventually emanate from a four -lane state highway currently under construction which runs north through the property in question. Mr. Dutcher alleged that granting the requested rezoning would constitute "strip zoning" without regard for its ' impact on the adjacent land. A compromise was then offered by Mr. Dutcher based on the following provisions: (1) That "A" One- family buffers be provided for 20 feet on the west and 50 feet on the south of the subject property to remain green space; (2) That Ronald and Raymond Streets be closed; and (3) that assurance be granted that the people of this area will not be forced to periodically oppose zoning requests of this type. The position.of the Church in this matter, according to Mr. C. J. Cropper of L and L Companies, Incorporated, was that the property had been purchased for relocation of its facilities, not for speculation, and it had learned subsequent to the purchase.that,the State would build a road through the property. Mr. Cropper advised that the State proposed right -of -way requires that Raymond and Ronald Streets be open; that the Church could not accept a 50 -foot buffer along the portion of the property facing West.Markham Street; and he requested that the Board approve the Petition as recommended by the Planning Commission. Director Keith at this time stated that he could not vote to approve this Petition unless consideration was given to the residents' request for buffer zones;_ and he then made'a motion, which was seconded by Director Hollingsworth, to amend the proposed Ordinance , accordingly. In response, Rev. M. L. Moser, Pastor of.the Central Baptist Church, stated that the Church had purchased this property at commercial rates and could not afford to donate the required footage for buffer zones. Director Hollingsworth subsequently withdrew his second to Director Keith's motion, which then failed for lack of a second. At this time a proposed Ordinance to reclassify the above described property was placed on first reading. (See proposed Ordinance as follows) There was presented a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 10500 WEST MARKHAM STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance then being read the first time. There was a motion by Director Hollingsworth, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Dailey and Hollingsworth, respectively, and unanimously adopted by the , Board members present, being five in number and two- thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, and the resulting Aye and No Vote taken on the passage of the Ordinance received the following':response:. Ayes - None; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Hollingsworth and Young - total 5; Absent - Directors _ 251 JUNE 15, 1976, Cont'd. Linkous and Bussey - total 2. It was: -: announced that the Ordinance had FAILED TO PASS. Presented at this time,for.consideration by the Board of Directors.was Zoning Petition No. Z -3024 ' submitted by Adrienne Cockrill for the purpose of rezoning 1824 North Taylor Street, described as Lot 1, Block 12, Mountain Park Addition to the City of Little Rock, Arkansas,.from "A" Single- family District to "F" Commercial District, as approved by.the Planning Commission. As there was no one present who wished to address.to the issue, a proposed Ordinance was placed on first reading. (See Ordinance No. 13,161, as follows) Ordinance No. 13,161 was presented, with the title being: AN ORDINANCE RECLASSIFYING 1824 NORTH TAYLOR STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. There was a motion by Director Young, seconded by Directo Hollingsworth, for a suspension of the rules to allow for.the second reading of the Ordinance, which motion was unanimously adopted by the Board members present, being five in number and two- thirds or more of the Members of the Board of Directors- elect. The second reading of the Ordinance was followed by a subsequent motion, again made.by Directors Young and Hollingsworth, respectively, for a suspension ' of the rules to place the Ordinance on its third and final reading. The motion was adoptedT;;by unanimous vote of the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. There was an Aye and I No Vote taken at this time on the passage of the Ordinance which resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Hollingsworth and Young - total 5; No - None; Absent - Directors Linkous and Bussey - total 2. The Ordinance was declared passed. The next presentation was..Zoning Petition No. Z -3030 from Leon Johnson requesting the rezoning?;;.. of property located at 3813 West 19th Street; described as Lot 4; Block 16, Braddock's Addition to the City of Little Rock, Arkansas, from "B" Single - family District to. "C" Two- family District, which had . been approved by the Planning Commission on June 3,. 1976.. As there was no opposition to the rezoning of this property, a proposed Ordinance to reclassify same.was placed on first reading. (See Ordinance No. 13,161, as follows) Presented at this time.was.Ordinance No. 13,162, described as: AN ORDI.NANCE RECLASSIFYING 3813-WEST 19th. STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING _ ' SECTION 43 -2 OF THE CODE OF.ORDINANCES OF THE.CITY OF LITTLE ROCK,,ARKANSAS;'AND FOR OTHER PURPOSES; and after a first reading of the-Ordinance, there was a motion by Director Hollingsworth, seconded by Director Young, for a suspension of the.rules and the placing of -the Ordinance on its second reading. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance followed. There was a further suspension of the rules at this time which placed the Ordinance on its third and final reading, by a motion made.by Director Dailey,,seconded by Director Keith, and.adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, which resulted in the taking of an Aye and No vote on the passage of the Ordinance, with the response being recorded as follows Ayes - Directors Keith and Dailey., Mayor Wimberly, Directors Hollingsworth and Young - total 5; Noes - None; Absent.- Directors Linkous and Bussey - total 2._ It was announced that the Ordinance had been passed. „ ' Zoning Petition No. Z- 2727 -B was presented.at.this point, having been submitted by Donald L. Warmack - and Margaret Ann Warm ack to rezone the 100 block-of South Rodney Parham Road (See Petition for lengthy legal description) from "A" One- family and "E -1" Quiet Business Districts to "F" Commercial District and "E- 1 "'Quiet.Business District, and approved by the Planning Commission on June 3, 1976. The Attorney for the Petitioner, Mr. Charles Matthews,.displayed a sketch of the area and advised that a Bill of z52 JUNE 15. 1976. Cont'd. Assurance had been prepared, which would provide for the construction of a six -foot concrete wall to completely shield the adjacent residential area from this project, and which also provided that lighting be directed away from the residential and toward the commercial.area.. As there was no.further discussio on the subject, an Ordinance to reclassify this.property was placed on first reading. (See Ordinance No. 13,163, as follows) Introduced at this .time was Ordinance No. 13,163, containing the following title: AN ORDINANCE RECLASSIFYING 100 BLOCK SOUTH RODNEY PARHAM ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance; after which, a motion was made by Director Hollingsworth to suspend the rules to allow for the second reading of the Ordinance. The motion received a second from Director Keith and unanimous adoption from the Board'Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and there was a second reading of the Ordinance. An ensuing motion then suspended the rules and placed the Ordinance on its third and final reading; with the motion being made by Director.Keith, seconded by Director Hollingsworth, and unanimous. adopted by the Board Members present.,, being five in number and'two- thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by an Aye and No vote being taken on the passage of the Ordinance, with the response described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors. Hollingsworth and Young - total 5; Noes — None; Absent - Directors Linkous and Bussey - total 2. The Ordinance.was therefore declared passed. The next presentation was Zoning Petition No. Z -3019 from Jim Barre for the purpose of rezoning the 5700 Block of "C" Street, described as Lots 5, 6, 7, 8 and 9 of Block 2, Oak Grove Addition, from "B" Single - Family District to "C" Two - family District, as recommended by the Planning Commission at its June 3, 1976 meeting. As there was no one present to speak in opposition to the proposed rezoning, an Ordinance to reclassify this property was placed on first reading. (See Ordinance No. 13,164, as foll There was presented Ordinance No. 13,164, entitled: AN ORDINANCE RECLASSIFYING 5700 BLOCK OF "C" STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; which Ordinance was read-the first time. A motion was then made by Director Hollingsworth, seconded by Director Young, to suspend the rules and place the Ordinance on its second reading; and the motion was subsequently adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, and an ensuing motion from Director.Hollingsworth, seconded by Director Dailey, that the rules again be suspended to provide for the third and final reading of the Ordinance. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. The passage of the Ordi- nance was then submitted to an Aye and No vote, which received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors.Hollingsworth and Young - total 5; Noes - None; Absent - Directors Linkous and Bussey - total 2: Accordingly, it was announced that the Ordinance had passed. Again presented was the Petition of Rector - Phillips - Morse, Incorporated, requesting the vacating and closing of all of Reserve "A" in Prospect Terrace #3 Addition to the City of Little Rock, Arkansas, as approved by the Planning Commission. As a Public Hearing had been scheduled for this time and place by Resolution No. 5,529, with notice.thereof having been duly published on May 10, 1976 and May 17, 1976 as required by Ordinance, Mayor Wimberly declared that the 'Public Hearing be open. There was no opposition presented to closing of this area; therefore, Mayor Wimberly declared the Public Hearing to be closed, and a proposed Ordinance was placed on first reading. (See Ordinance No. 13,165, as follows) Ordinance No. 13,165 was presented, with the title being: 1 25� NNE 15, 1976, Cont'd. - - ORDINANCE OF THE BOARD -OF DIRECTORS OF.THE CITY OF LITTLE ROCK,.ARKANSAS, VACATING.AND ABANDONING RESERVE A, PROSPECT TERRACE43'ADDITION-TO THE ,CITY OF LITTLE.ROCK,.ARKANSAS; and there was a.first reading of .the Ordinance. The rules were then suspended and the Ordinance placed on second read ng.by a` motion .made by Director Keith,- .seconded by Director,Dailey, and.unanimously adopte by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the.Ordinance,.and an ensuing motion by Director Keith, seconded by Director Dailey, that the rules %again be suspended-to provide -for the third and final reading of the Ordinance. The motion was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the third and last time. At this time, an Aye and -No vote was taken on the passage of the Ordinance, which-resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Hollingsworth and Young - total 5; Noes - None; Absent - Directors Linkous and Bussey - total.2. The Ordinance was declared passed. Presented for second reading at this time was aproposed Ordinance, described.as:. - AN ORDINANCE CONDEMNING- CERTAIN PARCELS.OF REAL PROPERTY TO BE USED FOR PARKS AND PARK PURPOSES; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS;.AND FOR OTHER.PURPOSES; 'and-the Ordinance, having been read the first time on May 4, 1976, was then read the second time. Attorney Jack Williams, representing.Putnam Realty, Incorporated, which is involved in -the proposed development of this property, advised the Board that a lawsuit had.recently been litigated at consider- able expense to his client, and requested that zhe Board exercise its authority by making a decision on the subject property at this time. There was a motion then made by Director Young, and-seconded by Director Dailey, to suspend.the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors- elect; and the Ordinance..was subsequently read the third and last time.. The ensuing Aye and No Vote taken.on.the passage of the.Ordinance received the following response: Ayes - Directors Dailey and Hollingsworth - total 2; Noes - Director Keith, Mayor Wimberly and Director -Young - total 3; Absent - Directors Linkous and Bussey - total 2._. Accordingly, it was announced that the Ordinance had FAILED TO PASS. ,Again presented. was the Petition of W. A. Saunders, et al, requesting the vacating and closing of ' a portion of.the alley in Block 4 of,the Masonic Addition to the City of Little Rock, Arkansas. A Public Hearing had been designated for-this time and place by Resolution No.. 5,539, with notice thereof having been duly published on May 24, 1976 and May 31, 1976 as required by Ordinance, and Mayor Wimberly then declared the Public Hearing to.be open. Miss Atha•lee Walrod,. who resides at 92312 McAlmont Street, addressed the Board at•'this time requesting that a portion of. the alley offering access to her garage be left open. Speaking for the'Petitioner, Mr...William B. Putnam, assured the Board that they did not wish to deny access at the end of the.alley bordering East 10th Street and that a six -foot screening fence would be installed to the north beyond Miss. Walrod's property, leaving the alley open and accessible to Miss Walrod and the owner of the adjacent property which borders on East 10th Street. Following the discussion, there was an announcement by Mayor Wimberly that the Public Hearing was closed, and a proposed Ordinance providing for -the closing.of a portion of this alley was placed on first reading. (See Ordinance No. 13,166, as follows) Ordinance No. 13,166, was presented, with the title being: ORDINANCE OF THE BOARD. OF DIRECTORS OF THE.CITY -OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING PART ' OF THE ALLEY IN BLOCK 4, MASONIC ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; which Ordinance was read the first time. -The rules were then suspended and the Ordinance placed on second reading by a motion made and - seconded by Directors Hollingsworth and Dailey, respectively, which was subsequently adopted by unanimous vote - of the Board Members present, being .five in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the 71 F 254 JUNE 15, 1976, Cont'd. Ordinance and an ensuing motion from Director Dailey, seconded by Director Hollingsworth, for a further suspension of the rules to provide for the third and final reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds ' of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Director Dailey, Mayor Wimberly, Directors Hollingsworth and Young - total 4; Noes - None; Abstaining - Director Keith - total 1; Absent - Directors Linkous� and Bussey - total 2. It was announced that the Ordinance had passed. There was presented at this time the Petition of Mr. and Mrs. Tony A. Baldridge and Mr. and Mrs. Donald F. Johnson for the purpose.of vacating and closing a portion of the alley adjacent to Block 4 in the Hillcrest Addition to the City of Little Rock, Arkansas, which had received the approval of the Planning Commission. (See Resolution.No. 5,547, as follows;: setting the date of Public Hearing for July 6, 1976) Then presented was Resolution No. 5,547, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS,.SETTING THE DATE OF HEARING.ON THE PETITION TO VACATE AN ALLEY IN -BLOCK 4, HILLCREST ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; ' with said Resolution being read in full. There was a motion from Director Hollingsworth, seconded by Director Dailey, that.the Resolution be adopted. A roll call was taken whereby the Resolution was adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Hollings- worth and Young - total 5; Noes - None;. Absent-- .Directors Linkous and Bussey'- total 2. The next item presented for consideration by the Boded of Directors was the Petition of Paynter C. Rochelle and Mrs. Marguerite R. Saurenman, requesting the vacating and closing of a portion of an alley s; lying between Lots 16 and 17 and running from Loyd Street to North Street in Bodman's Subdivision of Block 8 of the Worthen Addition to the City of Little Rock, Arkansas, which had received the approval of the Planning Commission. (See Resolution.No.- 5,548, as follows,.which sets the date of Public Hearing on this Petition for July 6, 1976) Resolution No. 5,548 was.presented, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE.CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE.OF HEARING ON THE PETITION TO VACATE ALLEY IN BODEMAN'°:S SUBDIVISION OF BLOCK 8, WORTHEN'S ADDITION TO THE ' CITY OF LITTLE ROCK, ARKANSAS; and after a complete reading of the Resolution, there was a motion by Director Hollingsworth, seconded by Director Dailey, that zhe Resolution be adopted. A roll call was taken and the resulting vote adopted the Resolution as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Hollingsworth and Young - .total 5; .Noes - None; Absent - Directors Linkous and Bussey - total 2. Introduced at this point was Ordinance No. 13,167, described as: AN ORDINANCE APPROPRIATING FUNDS FOR ADDITIONAL EXPENDITURES IN PREPARATION FOR THE CLOSING OF THE PRESENT SANITARY LANDFILL SITE; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. There was a motion which followed from Director Hollings- worth, seconded by Director Keith, for a suspension of the rules and the placing of the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. The rules were again suspended to allow for the third and final reading of the , Ordinance by a motion from Director Dailey, seconded by Director Hollingsworth, which was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No vote being taken on the passage of the Ordinance, and the response is described as follows: Ayes - JUNE 15 1976, Cont'd. Directors Keith and Dailey, Mayor Wimberly, Directors Hollingsworth and Young - total 5; Noes - None; Absent - Directors Linkous and Bussey - total 2. There was an announcement that the Ordinance had ' been passed. There was presented Ordinance No. 13,168, containing the following title: AN ORDINANCE EMPLOYING AN ENGINEER TO PERFORM STUDIES FOR THE NEW PROPOSED SANITARY LANDFILL; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. '9 motion then followed from Director Hollingsworth, seconded by Director Keith, that the rules be suspended and the Ordinance be placed on its second reading. The motion was.unanimously adopted by the Board-Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and there was a.second reading of the Ordinance. An ensuing motion was made that the rules again be.suspended to allow for the third and final reading of the Ordinance at this.time; with the - motion being made and seconded by Directors Dailey and Young, respectively, and - unanimously adopted by_ the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, there.was an.Aye and.No vote taken on the passage of the Ordinance which resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Hollings- worth and Young - total 5; Noes - None; Absent - Directors Linkous and Bussey - total 2. It was, therefore, announced.that the Ordinance had - passed. Resolution No. 5,549 was presented for consideration, with the title being: A RESOLUTION ESTABLISHING ADMISSION FEES FOR PUBLIC SWIMMING POOLS OWNED AND OPERATED BY THE CITY OF LITTLE ROCK; PROVIDING FOR THE RENTAL OF SUCH POOLS TO PRIVATE, CIVIC AND CHURCH ORGANIZATIONS; AND FOR OTHER PURPOSES; and said Resolution was read in its entirety, and thereafter adopted upon motion of Director Young, seconded by Director Dailey, and the following roll call vote: -Ayes - 'Directors Keith and Dailey', Mayor Wimberly, Directors Hollingsworth and Young. - total 5; Noes -- None; Absent - Directors Linkous and Bussey - total 2. Scheduled for presentation at this time was a proposed.Resolution establishing an admission fee to the Little Rock Zoo. However, a motion was made by Director Hollingsworth at this time "that this matter be deferred untiZ such time as aZZ Board Members are present." The motion was seconded by ' Director Dailey and unanimously adopted by the Board Members present. A lengthy discussion then centered upon the existing traffic situation on Clapboard Hill Road and in the.surrounding area.. Giving a background of recent - events on this subject, Mr. J.-F. Lynch, Director of the Community Services Department, stated that resulting from a petition by the residents of the street, on .March 2, 1976 Clapboard Hill Road was made one -way going north from Charterhouse Road and one -way going south from Charterhouse Road. This change was made on a 60 day trial basis, culminat in a Public Hearing on May 24, 1976 in which recommendations and options were solicited from residents of the vicinity; and from this input, combined with various surveys conducted during the trial period, the report and recommendations before the Board at this time were prepared, Mr.. Lynch advised. To preface the staff's recommendations concerning Clapboard Hill Road, Mr.. John L. Taylor, Assistant Director.of the Community Services Department, reviewed the history of events leading to the present situation on.Rodney.Parham Road, which is the focal point of.the traffic congestion and problems in the entire area. Residents of the area who presented their views to the Board were Dr. Branch Fields and Mr. Steve Lescher of Clapboard Hill Road; Mr. John Corbett and Mr. Bill Barnhouse of Gunpowder Road; and Mr. Leonard-Carver and-Mrs. Sandra Kurjiaki of Breckenridge Road. It was requested by Dr. Fields that parking not be removed from Clapboard Hill Road, as proposed, and that one -way signs be placed on Gunpowder Road as a means of shifting traffic over.to Breckenridge Road, a collector street which he Ifl alleged was not being used to its full capacity. Mr. Lescher also expressed opposition to the removal n 1,11111 JUNE 15, 1976, Cont'd. of parking from Clapboard Hill Road, and requested that this street be made one way going north and that Gunpowder Road be made one -way going south, and that the speed limit be reduced to 20 miles per hour in this area. Mr. Corbett indicated his support for the staff recommendations and urged their approval by the Board. Mrs. Kurjiaki_ and Mr. Carver described the excessive traffic and need for police protectio, on Breckenridge Drive during the evening hours, at which time, according to Mr. Carver, speeding and vandalism are major problems. Director Dailey then discussed the issues and made a motion which was seconded by Director Hollingsworth, that the staff recommendations be aui�nded to include the following provisions: "That the 'No Parking' signs be eliminated; that a speed Zimit of 20 miZes per hour be imposed; and that the City proceed with the proposed extension of Old Forge Road." An amending motion was also proposed by Director Keith, and seconded by Director Young, "that Clapboard HiZZ Road be utilized as a one -way street going North, and that Gunpowder Road be utilized as a one -way street going South." Both motions were then submitted to a roll call vote and adopted, with the resulting votes described as follows: Director Dailey's motion: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Hollingsworth and Young - total 5; Noes - None; Absent- Directors Linkous and Bussey - total 2; Director Keith's motion: Ayes - Director-Keith, Mayor Wimberly, Directors Hollingsworth and Young - total 4; Noes - Director Dailey - total 1; Absent - Directors Linkous and Bussey - total 2. A motion was then made by Director Hollingsworth, seconded by Director. Young, that the Staff recommend- ations, together with the two above - described amendments, be approved and implemented and when submitted to a roll call vote, the motion.was - adopted as..follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Hollingsworth.and Young - .total 5; .Noes.- None; Absent - Directors Linkous and Bussey - total 2. .A subsequent motion was then made by Director Young, and seconded by Director Keith, "that the staff be instructed to make a study of the possibility of connecting two collector streets in this area, MilZbrook Drive and Breckenridge Drive ", and the motion was adopted by unanimous voice vote of the Board Members present. It was then announced that the staff recommendations had been adopted, together with the above - described amendments, and that the staff would make a study and prepare a report pertaining to the feasibility of connecting Millbrook and Breckenridge Drives. The next item contained on the Official Agenda was a proposed Resolution pertaining to specific sources of revenue for the City of Little Rock, Arkansas. However, a motion was made and seconded.by Directors Hollingsworth and Dailey, respectively, to defer this item until the meeting of July 6, 1976, with the motion being adopted,by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor ' Wimberly, Directors Hollingsworth and Young - total 5; Noes - None; Absent - Directors Linkous and Bussey - total 2. The final presentation was Resolution No. 5,550, entitled: A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Appointments to the Arkansas Arts Center Board, the Arkansas Historic District Commission, and the Little Rock Port Authority) with the Resolution being read in full, and subsequently adopted upon motion of Director Dailey, secon by Director Hollingsworth, and the following.roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Hollingsworth and .Young - total 5; Noes - None; Absent - Directors Linkous and Bussey - total 2. A requdst was made at this time by Mr. Jeffrey Hawkins pertaining to traffic on East 9th'$treet. Mr. Hawkins stated that the traffic pattern on this street was confusing and he would appreciate the Board's considering the installation of a traffic light at 11th and Bond Streets, which he added should alleviate the situation. JUNE 15, 1976, Cont'd. City-Manager Carleton McMullin'.then advised the Board that he had received a request from Booz, ' Allen and Hamilton for a meeting on June, 7, 1976 for the purpose of discussing their findings and recommendations pertaining to Phase II of the Land Use and Growth Policy Study being presently conducted.. It.was agreeable to the Board, and the meeting was tentatively set for July 7, 1976. There being no further business to be presented or to come before the Board of Directors at this time, by motion of Director Keith, seconded by Director Dailey, and by unanimous vote of the Board Members present, the meeting was adjourned at 11:25 o'clock P. M., to meet again in.regular session on Tuesday, July 6, 1976 at 7:30 o'clock P. M. /) ATTEST: �j _ B APPROVED: J �N�w !� �ilJ/w I it IN City Clerk Mayor 1 ill v 25 Board of Directors Chamber ( Little Rock, Arkansas July 6, 1976 - 7:30 P. M. ' The Board of Directors'of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Young - total 5; Absent: Director Hollingsworth - total 1. With there being a quorum in attendance, it was so announced, and the following is an account of the proceedings: - The Invocation was given by Director Dailey. Presented first were the Consent Items, described as follows: (a) The Minutes of the previous meeting held on June 15, 1976. (b) The Financial Statement of the Model Cities Program, as of May 15, 1976. (c) Resolution No. 5,551, entitled: A RESOLUTION AWARDING CONTRACTS FOR THE 1976 STREET RESURFACING AND SLURRY SEAL PROGRAM; CURB AND GUTTER CONSTRUCTION AT WAR MEMORIAL PARK AND MARKHAM & VAN BUREN , STREETS; TIRE CAPPING AND OFFICE AND PAPER SUPPLIES; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (d) Resolution No. 5,552, entitled: A RESOLUTION AWARDING CONTRACTS FOR CERTAIN 1975 -76 COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (e) Work Session of Board of Directors pertaining to Cable Television scheduled for Thursday, July 22, 1976 at 7:30 o'clock P. M. (f) Work session of Board of Directors pertaining to 1977 major budget items scheduled for Thursday, July 29, 1976 at 7:30 o'clock P. M. (g) A Report pertaining to the United States Department of Labor restrictions regarding the (CETA) Manpower Planning Council Membership. By a motion made and seconded by Directors Linkous and Dailey, respectively, with all Board Members present voting Aye, the following dispensation was made of the foregoing Consent Items: (a) The Minutes were approved as written and summarized to the members of the Board of Directors; (b) The ' Financial Statement was received and filed; (c & d) Resolutions No. 5,551 and 5,552 were read and adopted; (e & f) The work sessions were approved and officially scheduled on the dates specified; and (g) The Report was received and filed. Director Hollingsworth and enrolled at 7:40 o'clock P. M. The subject of additional revenue for the City was presented for consideration at this time. Mrs. Billie Jo Humphrey, representing the Arkansas Community Organization for Reform Now (ACORN), read a statement favoring a comprehensive income tax source, as opposed to an increased sales tax, but urged as a more preferable source the applying of the City's share of millage to undeclared intangible property, such as assets of financial institutions, under State Statute 84 -487, which would allegedly net the City $4,000,000 in revenue annually. In reviewing the various options available to the City, City Manager Carleton McMullin contended that virtually any broad -base tax, such as income tax or increased sales tax, would involve modification of an existing law through a legislative act. It was suggested by Director Hollingsworth that the question of a City Income Tax be submitted to the public ' for a referendum; however, Director Keith took a divergent point of view, stating that the City does not have a workable piece.of legislation in an income tax, and expressed his preference for a "User Fee ", such as a 10% surcharge on fire insurance premiums. Speaking as President of the League of Women Voters I Mrs. Gloria Cabe spoke in favor of the City Income Tax, stating that the League would lobby in the 1 J JULY 6, 1976, Cont'd. legislature for collection of a City Income Tax, but would oppose and lobby against any sales tax proposal which did not exempt food and drugs. Mr. James Leahy, of No. 6 Brookridge Cove, urged the Board not to impose a progressive Income Tax which he contended would create an undue hardship on people in the lower income bracket. Mr. Leahy also spoke against the use of City funds to obtain Federal matching funds, stating that guidelines and specifications attached to Federal funds made the related projects more costly and invited Federal controls and less representation at the local level of govern- ment. Finance Director E. Jack Murphy advised that from a standpoint of capital improvements the City is in good condition; however, he said that capital improvement funds are unavailable for operational use. Mr. Murphy added that LEAA funds will not be available in 1977. Director Linkous encouraged the Board to "rally around a specific broadbase tax revenue source "; and maintained that if the City approac the legislature with five or six proposals, total defeat will result. It was contended by Mayor Wimberl that the City is not in a critical financial situation, that it has the best fire and police departments in the state and if more taxes are sought by the City, the taxpayers should be told why such additional taxes are needed. Director Linkous responded with a statement that it was his opinion the City is getting the best service possible under the circumstances but called attention to the City's inability, due to limited funds, to provide an adequately manned Police Department, resulting in a recent movement in southwest Little Rock to form vigilante patrol groups to help curb crime. It was recommended by Director Young that the City give thought at some time to a different approach to Improvement Districts. Director Young suggested that city -wide or county -wide Improvement Districts could deal with drainage, street improvements, etc:, and that the governing body should have the authority to amend an Improvement District petition to increase the size and scope of .the District for economic and practical reasons. The question of coordinating with the Arkansas-Municipal League in its efforts on behalf of the cities during the next legislature session was posed by Director Linkous, and Mayor Wimberly contended that quite often in the past the City and the League had joined forces to oppose legislation which in most cases would have been detrimental to the cities. The discussion continued at length and culminated in three Resolutions which are described as follows. At the request of Director Dailey, Resdlution No. 5,553 was presented, with the title being: A RESOLUTION ENDORSING A SALES TAX AS A SOURCE OF REVENUE FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Resolution was read in:its'entirety.'.A motion for adoption of the Resolution was made by Director Dailey and seconded by Director Hollingsworth. -The resulting roll call vote adopted-the. Resolution as follows: Ayes - Directors Keith, Dailey, Linkous and Young - :total 4; Noes - :Mayor. Wimberly, Directors Bussey and Hollingsworth - total 3; Absent - None. The following proposed Resolution was submitted by Director Young, and described as: . A RESOLUTION ENDORSING THE INCOME TAX AS A SOURCE OF REVENUE FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution;.after which there was..a motion for adoption of-the Resolution by-Director Young, seconded by.Director Hollingsworth. A.roll call was.taken -and the Resolution failed to be adopted by the following vote:, Ayes - Directors Keith, Hollingsworth and Young total 3;• Noes:- Director Dailey, Mayor .Wimberly,.Directors'Linkous: and Bussey - .total 4:; Absent: -. None. Resolution No: 5,554, as:proposed by Director Keith, was submitted at:this, time and entitled: A RESOLUTION PERTAINING TO USER-AND /OR SERVICE FEES AND CHARGES IN THE CITY::OF LITTLE ROCK; AND FOR OTHER PURPOSES;' with said Resolution being read in .full.. A motion by Director Keith, seconded by Director:Hollingswort resulted in a roll call vote: whereby the Resolution was adopted as follows:. Ayes —Directors Keith,, Dailey, Hollingsworth and. Young — total 4;. Noes -- .Mayor Wimberly.; Directors: Linkous; and,Busseyc - total 3; Absent - None. JULY 6, 1976, Cont'd. At this point in the meeting, a zoning request by Rector, Phillips, Morse, Inc: pertaining to property located at 1200 North University was discussed. On May 18, 1976 the Board of Directors to rezone this property, and a request had subsequently been made that this item be presented for possible ' reconsideration. By a motion of Director Dailey, seconded by Director Bussey,.and unanimously adopted by the Board Members present, the City Clerk was instructed to place this item on the Tentative Agenda of July 14, 1976 for possible consideration at the regular meeting of the Board of Directors scheduled for July 20, 1976. A request was then made by Mr. Byron Morse of the firm of Rector- Phillips- Morse, Inc. that a proposed Ordinance to reclassify this property be read the first time; however, as there was no response to Mr. Morse's request, the Ordinance was not presented. The next presentation was Resolution No. 5,555, entitled: 0 A RESOLUTION SETTING FORTH THE POLICY OF THE CITY OF LITTLE ROCK REGARDING ADMISSION FEES TO THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES; A discussion ensued pertaining to two proposals submitted to the Board as a basis for establishing an admission fee at the Zoo. A motion was made by Director Dailey, seconded by Director Young, that Proposal "A" be amended to provide for a general admission fee of fifty cents (50t) per person, and for children under the age of 12 years to be admitted free when accompanied by adults. Zoo Director Charles Wilson stated that certain areas of the Zoo were in obvious need of major improvement and maintenance ' and he therefore felt that a $1.00 fee would be desirable. Director Hollingsworth then made a motion, seconded by Director Linkous, that no admission fee be charged at the Little Rock Zoo. The Resolution was read in full at this time and a roll call vote-was taken on Director Hollingsworth'''s motion, with the resulting vote described as follows: Ayes - Mayor Wimberly, Directors Linkous, Bussey and Hollings- worth - total 4; Noes - Directors Keith, Dailey and Young - total 3; Absent - None. Accordingly, it was announced that Resolution No. 5,555 providing for free admission at the Little Rock Zoo had been adopted, and a vote was ruled unnecessary on the motion made by Director Dailey. Resolution No. 5,556 was presented for consideration at this point, with the title being: A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL COMPACT WITH PULASKI COUNTY, ARKANSAS TO PROVIDE A PROSECUTOR'S MANAGEMENT INFORMATION SYSTEM THROUGH USE OF THE CITY'S COMPUTER SYSTEM; AUTHORIZING THE PURCHASE OF CERTAIN COMPUTER EQUIPMENT; WAIVING COMPETITIVE BIDDING; AND FOR OTHER PURPOSES; with said Resolution being read in full. There was a motion by Director Bussey, seconded by Director Dailey, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. There was presented Ordinance No. 13,169, containing the following title: AN ORDINANCE AMENDING SECTION 10 -34 OF THE CODE OF ORDINANCES PERTAINING TO MOUNT HOLLY CEMETERY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were then suspended for the second reading of the Ordinance by a motion made and seconded by Directors Young and Linkous, respectively and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. The Ordinancenwas read the second time; after which, there was an ensuing motion by Director Dailey, seconded by Director Keith, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinances was then read the third and last time.' The question of the passage of the Ordinance was at this time submitted to any Aye and No Vote, which received the following response: Ayes Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - -None. It was announced that the Ordinance had passed. Mayor Wimberly was excused at this time, and Assistant Mayor Hollingsworth presided through the '4 remainder of the meeting. JULY 6 1976 Cont'd. _i Presented next was the appeal by Mr. John.J. Postlewaite of the Planning Commission's denial of Petition No. Z -3025 to rezone property located at 6500 Mabelvale Pike, containing a lengthy legal ' description as shown on the petition, from "A" One- family District to "F" Commercial District. By motion of Director Linkous, seconded by Director Dailey, which was unanimously adopted by the Board Members present, a Public Hearing on this matter was scheduled for July 20, 1976 at 7:30 o'clock P. M. A Public Hearing had been scheduled by Resolution No. 5,547 for this time and place to hear arguments pertaining to the requested vacating and closing of a portion of- the alley in Block 4 of Hillcrest Addition by Donald F. Johnson, et-al. As notice of the hearing had been duly published on June 18, 1976 and June 25, 1976, as required by Ordinance, Assistant Mayor Hollingsworth declared the Public Hearing to be open. There was no one present who wished to speak either for or against the proposed alley closure; therefore, Assistant Mayor Hollingsworth declared the Public Hearing closed, and a related Ordinance was placed on first reading. (See Ordinance No. 13,170, as follows) Ordinance.No. 13,170 was presented, containing the following title: AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN BLOCK 4, HILLCREST ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Ordinance being read the first time. The rules were then suspended to allow for the second reading of the Ordinance at this time by a motion made by Director Young, seconded by Director Bussey, anduunanimously adopted by the Board Members present, being six.in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion to again suspend the rules and place the Ordinance on its third and final reading. The motion was made and seconded by Directors tinkous and Young, respectively, and adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance, which received the following response: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1.- The Ordinance was declared passed. The Petition of Paynter C. Rochelle and Mrs. Marguerite R. Saurenman to vacate and close a portion of the alley in Bodeman's Subdivision of Block 8 in Worthen's Subdivision to the City of Little Rock, Arkansas, was presented at this time. By Resolution No. 5,548 a Public Hearing had been designated for ' this time and place, with notice thereof having been duly published on June 18, 1976 and June 25, 1976, as required by Ordinance. The Public Hearing was then declared open; however, no one appeared to speak on the issue, and the Public Hearing was declared closed. (See Ordinance No. 13,171, as follows) There was presented Ordinance No. 13,171, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN BODEMAN'S SUBDIVISION OF BLOCK 8, WORTHEN'S SUBDIVISION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Ordinance being read the first zime. There was a motion which followed from Director Young, seconded by Director Bussey, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the;Board Members present, being six in number and two- thirds or more.of the members of the Board of Directors- elect; and the second reading of the Ordinance ensued. Th rules were then suspended to provide for the third and final reading of the Ordinance at this time by a D motion made by Director Linkous, seconded by Director Young, and unanimously adopted by the Board Member present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The ' was a third reading of the Ordinance, which resulted in an Aye and No Vote on the passage of the Ordinan the response to which is recorded as follows: Ayes — Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - I� total 1. It was announced that the Ordinance had been passed. The next presentation was the Petition of D. B. Hill, Jr., Charles W. Hill, Sarah Jane Cooper and JULY 6, 1976, Cont'd. Mary Ann Mott, for the purpose of vacating and closing a portion of the Parker (Bond) Street Right -of- Way adjoining Lot 1, Block 30, of Garland Addition to the City of Little Rock, Arkansas. Accompanying the Petition were the following documents: A letter from the Beach Abstract and Guaranty Company certifying to the last apparent owners of record of the abutting property; and certified copies of the Plats of a portion of Pope's 1,000 -acre grant in the SW-, of Section 1, Township 1 North, Range 12 West, as recorded in the. Office of the Circuit Clerk in Plat Record Book No. 1 at Page 84, and Garland's Addition, as recorded in Deed Record Book No. 25 at Page 24. (See Resolution No. 5,557, setting the date of Public Hearing for August 3; 1976 at 7:30 o'clock P. M., as follows) There was then presented Resolution No. 5,557, described as: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE STREET RIGHT OF WAY ADJOINING LOT 1, BLOCK 30, GARLAND ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with the Resolution being read in its entirety, and subsequently adopted upon motion of Director Young, seconded by Director Dailey, and by the following roll call vote- Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. - A Petition from Robert L. James, James Hall, McKinley Johnson and Andrew Jeffries was presented at . . . . n,% .. .. ... .. _.. . zj .. this time, requesting the vacating and closing of a portion of 29th Street between High Street and Pulaski Street in Bowman's Addition to the.City.of Little Rock, Arkansas, which had been approved by the Planning Commission. Included with the Petition were the following documents: A letter from the Little Rock Abstract Company certifying to the.abutting property owners, and a certified copy of the. plat and Bill of Assurance of Bowman's Addition as recorded in Deed Record Book No. 31 at Page 198 in the Office of the Circuit Clerk. (See Resolution No. 5,558, as follows, which sets the date of Public Hearing for August3, 1976 at 7:30 o'clock P. M.) Presented at this time was Resolution No. 5,558, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF i HEARING ON THE PETITION TO VACATE STREET IN BLOCK 17, BOWMAN =S ADDITION TO THE CITY OF LITTLE_ROCK, ARKANSAS; and the Resolution was read in full. There was a motion by Director Young, seconded -by Director Dailey, which resulted in a roll call vote which adopted the Resolution as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director.Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. The next presentation was Ordinance No. 13,172, entitled: AN ORDINANCE APPROVING RENOVATION OF CERTAIN CITY FACILITIES; APPROPRIATING FUNDS;.AND FOR OTHER PURPOSES; (Baird Building, - Material Yard, Police.& Courts Building, and City Health-Building) and after a first reading of the Ordinance, there was a motion by Director Dailey, seconded by Director Young, for a suspension of the rules and the placing of the Ordinance on its second reading. The motto, was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect; and the Ordinance was then read the second time. An ensuing motion was made by Director Linkous, and seconded by Director Dailey, to again suspend the rules to provide for the third and final reading of the Ordinance. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and the third and last.reading of the Ordinance followed. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes_- Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 5; Noes.- None; Abstain Director Keith - total 1; Absent - Mayor Wimberly - total 1. The- Ordinance was therefore.declared passed. JULY 6, 1976, Cont'd. -Submitted for consideration at this time was Ordinance Now. .- 13;173, described as: AN ORDINANCE SETTING MILK AND DAIRY INSPECTION FEES; REPEALING ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES; -. with said Ordinance being.read the first time. The rules were then suspended and the Ordinance placed its second reading by a motion from Director Young, seconded by Director Dailey, which was unanimously adopted by the Board.Members present, being six.in number and two - thirds or more of the members of the Board of Directors - elect. There was a second-`reading of the ordinance, a.-subsequent motion by Director Dailey, seconded by Director Bussey, that the rules again be suspended to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordina . was read the third and last time, followed by an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollin worth and Director Young — total 6; Noes - None;' Absent - Mayor Wimberly - total 1. The Ordinance was INFORMATION IDENTIFIED AS "PROFILES OF CHANGE "; AND FOR OTHER PURPOSES; (Pertaining to population and housing trends) with there being a complete reading of-the Resolution. There was a motion-by Director Linkous, seconded by Director Dailey, which resulted.in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Dailey, Linkous, and Hussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. Presented at this point was Resolution No. 5,560, entitled: A RESOLUTION EMPLOYING ENGINEERS FOR THE 1976 -77 COMMUNITY DEVELOPMENT BLOCK GRANT PHYSICAL PROJECTS; AND FOR OTHER PURPOSES; and said Resolution was read in full, and subsequently adopted upon motion of Director Young, seconded by Director Dailey,.and by the following roll call vote: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor- Hollingsworth, and Director Young.- total 6; Noes - None; Absent - Mayor Wimberly - total 1. The next presentation was Resolution No. 5,561, described as: A RESOLUTION AMENDING AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND PUBLIC TECHNOLOGY, INCORPORATED; AND FOR OTHER PURPOSES; with the Resolution being read in its E There was a motion by Director Dailey, seconded by then declared passed. Ordinance No. 13;174 was presented; with the title being: AN ORDINANCE FIXING FEES AND SERVICE CHARGES FOR VARIOUS CITY SERVICES; AMENDING PARTS OF ORDINANCE' ' HERETOFORE ESTABLISHING FEES; REPEALING PARTS OF CERTAIN ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES; and there was a first reading of the,ordinance,,followed by a- motion.from Director Linkous, seconded by Director Young, to.suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading.of the Ordinance ensued. A motion was then made by Director Linkous, and seconded by Director Dailey, for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was unanimousl. adopted by the Board Members present, being six in.number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time: The resulting Aye and No Vote taken on the passage of the.Ordinance:nreceived -the following response: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1.. Accordingly, it was announced that the Ordinance had passed. Introduced at this time was Resolution -No. 5,559, entitled: A RESOLUTION AUTHORIZING A CONTRACT WITH R. L. POLK COMPANY FOR THE PURCHASE OF CERTAIN STATISTICAL INFORMATION IDENTIFIED AS "PROFILES OF CHANGE "; AND FOR OTHER PURPOSES; (Pertaining to population and housing trends) with there being a complete reading of-the Resolution. There was a motion-by Director Linkous, seconded by Director Dailey, which resulted.in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Dailey, Linkous, and Hussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. Presented at this point was Resolution No. 5,560, entitled: A RESOLUTION EMPLOYING ENGINEERS FOR THE 1976 -77 COMMUNITY DEVELOPMENT BLOCK GRANT PHYSICAL PROJECTS; AND FOR OTHER PURPOSES; and said Resolution was read in full, and subsequently adopted upon motion of Director Young, seconded by Director Dailey,.and by the following roll call vote: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor- Hollingsworth, and Director Young.- total 6; Noes - None; Absent - Mayor Wimberly - total 1. The next presentation was Resolution No. 5,561, described as: A RESOLUTION AMENDING AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND PUBLIC TECHNOLOGY, INCORPORATED; AND FOR OTHER PURPOSES; with the Resolution being read in its E There was a motion by Director Dailey, seconded by II 11 JULY 6, 1976, Cont'd. Director Linkous, which resulted in.a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor'Hollingsworth, and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. ' A proposed Ordinance was presented, with the title being: AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES TO PROVIDE AN ADDITIONAL SECTION THEREIN TO BE IDENTIFIED AS SECTION 36 -25 PERTAINING TO WRITTEN NOTICE REQUIREMENTS TO CERTAIN PROPERTY OWNERS WHEN THE MATTER OF VACATING A PORTION OF A PLATTED AND DEDICATED ALLEY IS UNDER CONSIDERATION BY THE BOARD OF DIRECTORS; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, it was unanimously agreed by the Board Members present to'' leave the Ordinance on the calendar for second reading at the meeting scheduled for July 20, 1976. There was presented a'proposed Ordinance, entitled: AN ORDINANCE AMENDING SUBSECTION 4 OF SECTION 43 -22 OF THE CODE OF ORDINANCES PERTAINING TO THE BOARD OF ADJUSTMENT BY ADDING A SUBSECTION (m) THERETO; AND FOR'OTHER PURPOSES; with the Ordinance being read the first time, and then placed on the calendar for second reading on July 20, 1976. A Staff Report pertaining to a proposed Recreation Center in the Oak Forest Area was presented; ' and upon motion of Director Keith, seconded by Director Young, which was unanimously approved by the Board Members present, the Report was received and filed. The final presentation from the Official Agenda was a report from City Attorney Joseph C. Kemp advising that a lawsuit filed against the recent annexation to the City of a 55- square mile area bordering the City's east, south and west boundaries has been scheduled for trial'on September 13, 1976 at 1:30 o'clock P. M.- There being no further business to be presented or to come before the Board of Directors, upon motion of Director. Keith, seconded by Director Dailey, which was unanimously approved by the Board Members present, the meeting was adjourned at 10:15 o'clock P. M., to meet again in regular session on Tuesday, July 20, 1976 at 7:30 o'clock P.'M. ATTEST: (� APPROVED:]l�1'�J 1, Y City Clerk Mayor ' 0 I/ Board of Directors Chamber Little Rock, Arkansas July 20, 1976 - 7:30 P. M. The Board of Directors of the City of tittle Rock, Arkansas met in regular session with Assistant Mayor Hollingsworth presiding and Katherine Highfill,.Assistant City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Young - total 5; Absent - Mayor Wimberly - total 1. It was announced that a quorum was in attendance, and the meeting then proceeded as- herein described: The Invocation was given by Director Linkous. Presented first from the Official Agenda were the Consent items, described as follows:.... (a) The Minutes of the previous meeting held on July 6,'1976.. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water which received the following response: Ayes Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None;' Absent - Mayor Wimberly - total 1. Ordinance was declared passed. The next presentation was an appeal by Joyce Kuykendall of the Planning Commission's denial on June 24, 1976 of Zoning Petition No. Z -3033 to reclassify 8515 and'8519'Geyer Springs Road, described as Ill hi Lots 257 and 258'of the Windamere Subdivision to'the'_CiEy'of "Little Rock, Arkansas, from "E -1" Quiet Business District to "F" Commercial District. By a motion from Director Bussey, seconded by Director It III Works for the month of-May, 1976. (c) The Quarterly.Financial Report for the City of Little Rock, for the period ending ' June 30, 1976. (d) Resolution No. 5,562, entitled: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF VARIOUS SUPPLIES FOR THE TRAFFIC DEPARTMENT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. . By made by Director Linkous, seconded by Director Dailey, and unanimously adopted by the a motion Board Members present, the Consent items were dispensed with as follows: (a) The minutes were approved written and summarized to the Board of Directors; (b ,& c) The Comparative 6tatement and Quarterly as Report were received and filed; and (d) Resolution No. 5,562 was read and adopted._ Presented at this time was Zoning Petition No. Z- .3027, submitted by W. T. Moore, requesting the., rezoning of property located in the 1500 block of Boyce Street, described as Lots 2,.3 and 4 of Garden Homes Addition to the City of Little Rock, Arkansas, from "B" Residence and "D" Apartment District to "I" Light Industrial District. There was no one present to speak in opposition to the rezoning of the above - described property; therefore, an Ordinance to reclassify same was placed 'on first reading. (See Ordinance No. 13,175, below) Ordinance No. 13,175 was presented, with the title being: AN ORDINANCE RECLASSIFYING THE 1500 BLOCK BOYCE STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMEND- ING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time, followed'by a motion from Director Linkous, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion was unanimously adopted by the Board Members present,'being six in number and two - thirds or more of the members of the Board of Directors - .elect, and the Ordinance was then read the second time. There was a further suspension of-the rules at'this time-which placed the Ordinance on its 'third and final reading by motion of Director Linkous, seconded by Director Young, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No vote on.the passage of the Ordinance, which received the following response: Ayes Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None;' Absent - Mayor Wimberly - total 1. Ordinance was declared passed. The next presentation was an appeal by Joyce Kuykendall of the Planning Commission's denial on June 24, 1976 of Zoning Petition No. Z -3033 to reclassify 8515 and'8519'Geyer Springs Road, described as Ill hi Lots 257 and 258'of the Windamere Subdivision to'the'_CiEy'of "Little Rock, Arkansas, from "E -1" Quiet Business District to "F" Commercial District. By a motion from Director Bussey, seconded by Director It III JULY 20, 1976, Cont'd. Young, which was unanimously adopted by the Board Members present, a Public Hearing on this Zoning Appeal was designated for August 3, 1976, at 7:30 o'clock P. M. A Public Hearing had been scheduled for this time and place for the purpose of hearing arguments pertaining to the Zoning Petition (Z -3025) of John J. Postlewaite, which had been denied by the Planning Commission on June 3, 1976.. The Petition requested the rezoning of property located at 6500 Mabelvale Pike, described as a portion of Tract 35 of Graceland Acres Annex Subdivision of the City of Little Rock, Arkansas, from "A" One- family District to "F" Commercial District, for a, proposed usage as a convenience food store. As notification receipts to the surrounding property owners had been duly filed with the Office of the City Clerk, Assistant Mayor Hollingsworth announced that the Public Hearing was open and all persons wishing to address to the issue would be heard at this time. The first speaker was Mr. Leonard Thalmueller of 21 Hanover Drive, whose objections were based on the increased.traffic anticipated at this "very dangerous" intersection, noise generated during the „late hours, and decreased property values which he stated would ultimately result. The applicant, Mr. John J. Postlewaite, replied that Mr. Thalmueller's property would in the near future be separated from the subject property by a four -lane extension of 65th Street. Mr. Postlewaite requested that the Board act favorably upon this request and contended that to-do otherwise,would be.a denial of his rights. Another objector, Mrs. :Liz McClanahan, whose property is adjacent to the subject property, stated that she did not want to live , next to such a business and requested that the Board deny the request., In response to a question pertaining to an extension of 65th Street, City Manager Carleton McMullin advised that the construction is not programmed at this time. In rebuttal, Mr. Postlewaite maintained that this property has been the site of a grocery store for 28 to 30 years and was operated as such when the surrounding houses were built. A land use sketch of the area was displayed at this time by Mr. -James Finch, Director of,the Department of Comprehensive Planning, who stated that, although there.is existing commercial property located on the east side of the Mabelvale Pike, -the City has refused on many - occasions requests for commercial zoning on the west side. Assistant Mayor Hollingsworth then announced that the Public Hearing was closed, and an Ordinance to reclassify the subject property was.placed on first reading. .(See Proposed Ordinance, as follows) There was presented a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 6500.MABELVALE PIKE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; , with there being a first reading of the Ordinance. The rules were then suspended and the Ordinance placed, on its second reading by a motion made and seconded by Directors Linkous and.Keith, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. A second reading of the Ordinance ensued;. after which there was a motion by Director Young, seconded.by Director Dailey, that the rules again be suspended to allow for the third and final reading of the Ordinance at this time.. The motion was adopted by the Board Members present, being six in number and two - thirds or more of the members..of the Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and No vote taken on the passage of. the Ordinance received the following response: Ayes - ,None; Noes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Absent - Mayor Wimberly - total 1. It was then announced that the Ordinance had FAILED TO PASS. Presented for consideration at this point was Resolution No. 5,563, containing the following title: A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE.MATTER OF THE REZONING OF THE 1200,BLOCK OF NORTH UNIVERSITY AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Public Hearing. ' designated for August 17, 1976.at 7:30 o'clock P. M.,) and the Resolution was read in its entirety. There was a motion then made by Director Keith, seconded by Director Dailey, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith,:Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - V/ f JULY 20, 1976, Cont'd. total 6; Noes - None; Absent - Mayor Wimberly - total 1. Resolution No. 5,564 was then presented, with the title being: A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE MATTER OF THE REZONING OF 800 TO 900 EAST ROOSEVELT ROAD IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Public Hearing designated for August 17, 1976 at 7:30 o'clock P. M.) with a full reading of the Resolution following. There was a motion then made by Director Keith, seconded by Director Dailey, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. Introduced at this time was Resolution No. 5,565, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROMULGATE CHARGES FOR CERTAIN SERVICES PERFORMED BY THE CITY OF LITTLE ROCK, TAKING INTO CONSIDERATION THE COST OF SUCH SERVICES; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Dailey, seconded by Director Bussey, and the following roll call vote: Ayes - Directors Keith, Dailey, Linkous, Bussey and Young - total 5; Noes - Assistant Mayor Hollingsworth - total 1; Absent - Mayor Wimberly - total 1. Ordinance No. 13,176 was presented; with the title being: AN ORDINANCE AMENDING ORDINANCE N0. 13,174 PASSED JULY 6, 1976 BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, FIXING FEES AND SERVICE CHARGES FOR VARIOUS CITY SERVICES; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were then suspended to allow for the second read of the Ordinance at this time by a motion made by Director Linkous, seconded by Director Young and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the.Ordinance; after - which, ther was a subsequent motion by Director Young, seconded by Director Keith, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, followed by an Aye and No vote on the passage of the Ordinance, with the response.being: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noesn_.None; Absent - Mayor Wimberly - total 1. It was announced that the Ordinance had been PASSED. The next item presented was Resolution No. 5,5661, described as: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND WELDERS SUPPLY COMPANY; AND FOR OTHER PURPOSES; which Resolution was read in full. An explanation was given by Director Keith of his intention to vote "No" on this item, with a statement that "I would be voting on a lease running longer than my term on the Board." Upon motion of Director Young, seconded by Director Bussey,'a roll call was taken the Resolution was adopted by the following vote: Ayes - Directors Dailey, Linkous and Bussey, Assis Mayor Hollingsworth, and Director Young - total 5; Noes - Director Keith - total 1; Absent - Mayor Wimberly - total 1. There was presented Resolution No. 5,567, entitled: A RESOLUTION CHANGING THE NAME OF "JENNIE STREET" TO ''ADAMS STREET "; AND FOR OTHER PURPOSES; with said Resolution being read in its entirety. At this time, there was a motion by Director Linkous, seconded by Director Keith, for adoption of the Resolution. The resulting roll call then provided for adoption of the Resolution as herein described: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. v JULY 20. 1976. Cont'd. Introduced at this time was Resolution No. 5,568, with the title being: A RESOLUTION WAIVING THE PROVISIONS OF THE MASTER STREET PLAN; AUTHORIZING THE ISSUANCE OF A BUILD] PERMIT FOR A TRACT OF LAND LYING BETWEEN SCOTT STREET ON THE WEST, LaHARPE BOULEVARD ON THE NORTH AND EAST, AND EAST MARKHAM ON THE SOUTH, ALL IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Greyhound Bus Terminal site) and after a complete reading of the Resolution, there was a motion by Director Bussey, seconded by Director Dailey, for adoption of the.Resolution. Director Young made a statement at this time that it was his intention to abstain from voting on this issue due to a conflict of interests. Opposing this action was Mr. Keith Jones of Metroplan, who maintained that action of this type would be in conflict with a Pulaski Area Transportation Study Agreement between Metroplan, Pulaski County, the Arkansas State Highway Commission and various cities, including the City of Little Rock, signed on May 4, 1976. Mr. Jones requested the Board of Directors to delay waiving the Master Street Plan.until_ the Pulaski Area Transportation Study Committee could review the request. The First Federal Savings and Loan Association, which plans to exchange the property in question for the present site of the Greyhound Bus Terminal at Sixth and Broadway, was represented by Attorney DeMatt Henderson. Mr. Henderson stated that the site, which had been approved by the Highway Department, could be adequately utilized for a bus terminal, and there was an urgent need for immediate action on the project which represented an investment of ' $6,000,000. With the use of a map, Mr. Henderson explained the proposed traffic plan to be followed.by the buses, which he contended would not create traffic problems. Mr. Henderson added that a catch basin to the east of the subject property would be corrected by the Highway Department. A roll call was then taken on the motion for adoption.of the Resolution, with the resulting vote being recorded as follows: Ayes - Directors Dailey, Linkous. and Bussey, and Assistant Mayor Hollingsworth - total 4; Noes - None; Abstaining - Directors Keith and Young - total 2; Absent - Mayor Wimberly - total 1. Accordingly, it was announced that the Resolution had been adopted. Resolution No. 5,569 was introduced, with the title being: A RESOLUTION PERTAINING TO THE RECENTLY ADOPTED "INTERIM URBAN DEVELOPMENT GOAL" AND FOR OTHER PURPOSES; (Phase II of Lane Use and Urban Growth Policy Study) and there was.a full reading of the Resolution, and.an ensuing motion by Director Young, seconded by Director Bussey, for adoption of the Resolution. A.roll call was taken and the Resolution was adopted by the following vote: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth" , and Director Young - total 6; Noes - None; Absent - None. The next subject to be considered was the.proposed election for the definitive sale of General Obligation Bonds for the City of Little Rock; and by motion of Director Keith, seconded by Director Young, which was unanimously adopted by the Board Members present, it was agreed that the City would proceed with the election. On April 20, 1976, the Board of Directors- had.requested that a statement be prepared by the City's staff to explain the financial condition of the Firemen's Relief and Pension Fund and the Policemen's Pension and Relief Fund for the benefit of present and future employees of those departments. In the statement subsequently prepared, Director Keith requested the following two changes: That the statement begin with the phrase "Your retirement plan.does not live up to the secure fiscal standards of most private industry plans "; and that the third paragraph of the statement be amended to read "The most recent actuarial study, which was completed in April, 1976, shows that given the City's continuing contribution to the pension fund on its current basis (increasing at approximately eight percent per year) in each , of the next 40 years the fund will.be financially capable of paying full benefits when you retire." Director Keith stated that the actuarial computation is based on 8% compounded on a 40 -year plan, that it is imperative that prospective employees be notified that a number of government plans do not live up to secure standards of private industry, and he then made a motion that "The Board adopt the statement as Jill prepared, including the two changes (described above)." Director Keith's motion, when subsequently pl JULY 20, 1976, Cont'd. seconded by Director Linkous and submitted to a roll call vote, failed to be adopted as herein recorded: Ayes - Director Keith - total 1; Noes - Directors Linkous, Bussey and Young - total 3; Abstaining - ' Director Dailey and Assistant Mayor Hollingsworth - total 2; Absent - Mayor Wimberly - total 1. A motion was then made by Director Linkous, and seconded by Director Young, that the statement as originally prepared be adopted; however, this motion also failed as evidenced by the following vote: Ayes - Directors Linkous, Dailey and Young - total 3; Noes - Director Keith - total 1; Abstaining - Directors Dailey and Assistant Mayor Hollingsworth - total 2; Absent - Mayor Wimberly - total 1. Immediately thereafter, a motion was made by Director Keith, seconded by 'Director Dailey, and unanimously adopted by the Board Members present, that this subject be reconsidered by the Board of Directors at a Later date." There was'presented a proposed Ordinance, entitled:; AN ORDINANCE REPEALING SECTION 13 -11 OF THE -CODE OF ORDINANCES; AND FOR OTHER PURPOSES; (Pertaining to retirement of City Employees) and there was a first reading of the Ordinance. The ensuing discussion centered upon the case of two members of the Little Rock Fire Department who had successfully- contested in court their mandatory retirement, as imposed by City Ordinance which requires'that members of the Fire Department retire at age 62. The Court's ruling was based upon a 1974 amendment to include public employees under the Fair Labor Standards Act, which contains a provision prohibiting discrimination based on age, sex, race, etc. However, since the time of local.court's ruling pertaining to the two Fire Department members, the National League of Cities successfully contested in the "United " States Supreme Court, the 1974 Amend- ment to the Fair Labor Standards Act. Subsequently, a brief was filed on July 21, 1976 by Attorney Phillip Kaplan, on behalf of the Firemen's Local Union No. 34; requesting reconsideration of the Court's decision to return the two firemen to active duty. Attorney Kaplan addressed the Board of Directors at this time, pointing out that the 1974 amendment can no longer apply to municipalities, and contending that mandatory early retirement for fire fighters is necessary because of the "substantial risks" involved at a certain age due to cardiac and pulmonary disease; etc. Mr. Kaplan requested that the Board of Directors defer this matter until an.opinion has been given by the local court on the request for reconsideration of its recent ruling. Director Young commented that the Board should concern itself with what is best for the firefighters. At this time, there was a motion by Director Linkous, seconded by Director Keith "that action on this Ordinance be deferred until Mayor Wimberly is present." The motion was adopted by unanimous vote of the Board Members present, and the Ordinance was placed on the calendar for second reading at a later date. Scheduled next was a Tax Proposal, as presented by Director Bussey. At this time, Director Bussey described the proposal as a new concept in tax, and suggested that a workshop be held for discussion on the matter. Director Bussey recommended that this subject be placed on the Agenda for consideration at the next meeting, and that a workshop session be held in the interim period. The final item of the Official Agenda, Resolution No. 5,570 was presented at this time, with the title being: A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Appointments to the Board of Commissioners of the Little Rock Municipal Water Works and the Central Arkansas Manpower Area Planning Council) with said Resolution being read in full. There was a motion by Director Bussey, seconded by Director Young, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6, Noes - None; Absent - Mayor Wimberly - total 1. JULY 20, 1976, Cont'd. It was pointed out at this time by Director Linkous that on the following day (July 21, 1976) a special called meeting would be held by Metroplan concerning the Central Arkansas Transit Company. Among the areas to be discussed which would be of concern to the Board of Directors, Director Linkous called attention to an item pertaining to measures which would "expedite the bureaucracy of red tape in procuring funds." Director Linkous also called the Board's attention to the fact that a $162,000 bank note owed by the Transit Company is due on July 21, 1976, and that expected UMTA (Urban Mass Transit Administration) Funds, which had not been received as yet, would most likely be in the neighbor- hood of $89,000 and therefore, considerably less than the amount needed to meet the note. It was then suggested by Director Linkous that the Board recess until a course of action could be decided upon pertaining to this situation. Director Young responded with a motion "that the Board stand in recess subject to recaZZ at the direction of Director Linkous." The motion was seconded by Director Bussey and unanimously adopted by the Board Members present. The.meeting was then recessed at 9:30 o'clock P. M., subject to recall at the direction of Director Linkous. ATTEST: y[19/7'?.fi City Clerk PAV Assistant Mayor 7 1 71 Board of Directors Meeting _ Little Rock, Arkansas ' July 28, -1976 - 2:15 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from July 20, 1976 with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. It was announced that there was a quorum in attendance, and the proceedings of the meeting are recorded as follows: The Central Arkansas Transit's finances were discussed at length, and began with a review of the company's financial history by Mr. Jason Rouby, Executive Director of Metroplan. Describing the Transit Company's immediate financial needs at in excess of $500,000, Director Linkous advised that at a recent meeting of the Transit Policy Board the members where asked to instruct Metroplan to secure a loan in the amount of $461,000:. Adding that he had declined to vote on this matter at the Transit Policy Board meeting, Director Linkous also contended at this time that the major issue at hand was the question of Metroplan, as the trustee for the transit company, applying to local banks to obtain a loan of $461,000 to be shared by appropriating ordinances or court orders of whatever parties decided to participate. The request of Metroplan was that the City of Little Rock appropriate $31,000 for the Transit Company, $30,000 of which would subsequently be returned to the City from excess 1975 Transit.Company funds, to be used to meet federal requirements for matching funds. Director Linkous questioned the ethics of "possibly a legal.maneuver to fit the criteria of UMTA (Urban Mass Transportation Administration) for n. matching funds';,'?; and estimated that UMTA funds anticipated in the near future would be approximately $89,000 and therefore inadequate to meet the CAT's immediate needs or repay the requested loan. The discussion centered upon the possible "manipulation" of Revenue Sharing Funds, as a portion of the CAT's excess 1975 funds originated from an appropriation from the City of Little Rock's Revenue Sharing Fund. According to Federal guidelines, Revenue Sharing Funds cannot be used as matching funds for Federal Grants;.however, City Manager Carleton McMullin assured the Board that there had been no misuse of Revenue Sharing Funds by the City of Little Rock. After considerable.discussion, four motions were made which are described as follows: 1. By Director Linkous, seconded by Director Dailey, "that the.LittZe Rock.City Board of Directors do not appropriate $31,000 as requested.by the Central Arkansas Transit." The motion was adopted as-follows: Ayes.- Directors-Keith and Dailey;:Mayor Wimberly, and Director.Linkous - .total 4; Noes - Directors Bussey, Hollingsworth and Young - total 3; Absent - None. i2.. By Director Young; seconded by-Director Bussey,. "that Director Linkous be directed to endorse a loan in the correct amount, based on the application requirements." The motion was adopted by the following vote: Ayes - Director Keith and Director Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Abstaining - Director Bussey .•-. total- 1;cAbsent - None. 3. By Director Keith, seconded by Director Hollingsworth, "to amend the motion (motion No. 2, by Director Young). to. provide that:the:signature of Director. Linkous not be construed as a guarantee of the.Zoan by the City of Little Rock." The motion was adopted by the following vote:!.Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young.- total-6; Noes - None; Abstaining - Director Bussey - total 1; Absent - None. 4. By Director Dailey, seconded by Director Keith, "that he (Director Dailey) as a member of the MetropZan Board, be authorized by the Board of Directors to sign any document requesting the needed loan from the banks." The motion was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Abstaining - Director Bussey - total 1; Absent - None. Ill rV JULY 28, 1976, Cont'd. At this time, there-was presented the recommendations of a Committee formed for the selection of an architect for the remodeling of the Traffic Building, the Health Building and the Material Yard Building. Mr. Jack Taylor, Assistant Director of the Community Services Department, then introduced Mr. Bob Wickard, who served as a member -at -large of the Committee. Three firms were recommended by the Committee and the selection of an architectural firm for the renovation of these three buildings is described as follows: Bozeman and Taggart, Architects: By motion of Director Keith, seconded by Director Hollingsworth. Ayes - Director Keith, Mayor Wimberly and Director Hollingsworth - total 3; Noes - Directors Dailey, Linkous, Bussey and Young - total 4; Absent - None. Robinson and Wassell,'Inc.: By motion of Director Dailey, seconded by Mayor Wimberly. Ayes - Directors Keith, Dailey and Linkous - total 3; Noes - Mayor Wimberly, Directors Bussey, Hollingsworth and Young - total 4; Absent - None. Compton, Turner and Dyer: By motion of Director Young, seconded by Director Bussey. Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - Director Hollingswoth - total.l; Absent_- None. Accordingly, it was announced that the firm of Compton, Turner and Dyer would be awarded the architect- ural contract for the renovation of the Traffic Building, the Health Building and the Material Yard Building. The actuarial soundness of the Little Rock Police and Fire Pension Funds was again the subject of considerable discussion. Speaking on the subject was Mr. Craig Mason of the firm of McKee, Carter and Stewart, who maintained that an actuarial study by his firm revealed these pension funds to be financially sound. Two motions were again made, described as follows: 1. By Director Keith, seconded by Director Dailey: That a statement prepared by the staff to explain the financial condition of the Police and Fire Pension Funds be amended to provide that the statement with the phrase "Your retirement plan does not live up to the secure fiscal standards of most private industry plans "; and that the third paragraph state "The most recent actuarial study, which was completed in April, 1976, shows that given the City's continuing contribution to the pension fund on it current basis (increasing.at approximately eight percent per year) in each of the next 40 years the fund will be financially capable of paying full benefits when you retire." The motion failed by a roll call vote described as follows: Ayes - Directors Keith, Dailey and Hollingsworth - total 3; Noes - Mayor Wimberly, Directors Linkous, Bussey and Young - total 4; Absent - None. 2. By Director Hollingsworth, seconded by Director Dailey: "That the statement as originally prepared by the staff be adopted." The motion failed by the following vote: Ayes - Directors Keith, Dailey and Hollingsworth - total 3; Noes - Mayor Wimberly, Directors Linkous and Young - total 3; Abstaining - Director Bussey - total 1; Absent - None. Present at the meeting was Miss Kim Ferguson, winner of the Miss Arkansas National Teenager Contes Miss Ferguson was introduced and presented with a Commendation for her representation of the State of Arkansas in the Contest. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Hollingsworth, seconded by Director Linkous,.and.by unanimous vote of the Board Members present, the meeting was adjourned at 4:25 o'clock P. M. to meet again in regular session on Tuesday, August 3, 1976 at 7:30 o'clock P. M. ATTEST: Tarn C City Clerk APPROVED: Mayor Board.of Directors Chamber Little Rock, Arkansas . August 3, 1976 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in. regular session with Assistant Mayor Hollingsworth presiding and Jane Czech, City Clerk, and the following Directors present: Directors I Keith, Dailey, Linkous and Young - total 4; Absent - Mayor Wimberly-and Director Bussey - total 2. It was announced that a quorum was in attendance, and the proceedings which followed are recorded as herein described: The Invocation was given -by Director Dailey. Presented first were the Consent items; described as follows: (a) The minutes of the previous meeting held on July 20, 1976 and the reconvened meeting of.July 28, 1976. (b) Resolution No. 5,571, entitled: A RESOLUTION EMPLOYING JACK FROST AND COMPANY TO PERFORM AN AUDIT OF THE CITY -OF LITTLE ROCK; AND FOR OTHER PURPOSES. (c) Resolution No. 5,572, entitled: A RESOLUTION AWARDING CONTRACTS FOR UNIFORMS AND RELATED SUPPLIES FOR VARIOUS DEPARTMENTS OF THE CITY; TWO -WAY VHF RADIO EQUIPMENT; STORM DRAINAGE WORK IN THE JOHN BARROW AREA; STREET AND STORM DRAINAGE WORK-IN MODEL CITIES-AND SOUTH LITTLE -ROCK AREA; AND DEMOLITION OF CONDEMNED STRUCTURE ; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. i (d) Resolution No. 5,573, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS WITH THE LITTLE ROCK HOUSING AUTHORITY, ST. VINCENT'S INFIRMARY, AND THE LITTLE ROCK SCHOOL DISTRICT TO.PROVIDE CERTAIN SERVICES UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMENCING WITH THE 1975 -1976 YEAR; I AND FOR OTHER PURPOSES_ (e) Resolution No. 5,574, entitled: A RESOLUTION EMPLOYING COMPTON, TURNER & DYER, ARCHITECTS, TO PREPARE PLANS AND SPECIFICATIONS FOR BIDDING TO CONSTRUCT AN ADDITION TO THE MATERIAL YARD; <AND REMODEL CERTAIN EXISTING FACILITIES OF THE CITY; AND:FOR_OTHER PURPOSES. By a motion from Director Keith, which was seconded by Director Linkous and responded to with Aye votes from a1Z Board Members present, the Consent items were dispensed with as foZZows: (a) The minutes were approved as written and summarized to the Board Members; (b, c, d & e) Resolutions No. 5,571, 5572, 5,573 and 5,574 were read in fuZl and adopted. There was then presented Zoning Petition No..Z- 2391 -C from Harold H. Simpson, II, to rezone property located at 10001 Lile Drive (see Petition for lengthy legal description) from "E -1" Quiet Business and - "C" Two- family Districts to "E -1" Quiet Business District, as approved by the Planning Commission on ' June 24, 1976. As there was no one present to speak innopposition to the Petition, an Ordinance to reclassify this property was placed on first reading. (See Ordinance No. 13,177, as follows) Ordinance No. 13,177 was presented, with the title being: AN ORDINANCE RECLASSIFYING 10001 LILE DRIVE IN THE CITY OF LITTLE ROCK,- ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Linkous, seconded by Director Dailey, and unanimousl adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by an ensuing motion from Director Dailey, seconded by Director Linkous, that the rules again be suspended and the Ordinance AUGUST 3 1976, Cont'd. be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being five in.number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance followed. The resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey and Linkous, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent - Mayor Wimberly and Director Bussey - total 2. The Ordinance was declared passed. A Public Hearing had been scheduled for this time and place to hear arguments in an appeal of the Planning Commission's denial on June 24, 1976 of the Zoning Petition (Z -3033) submitted by Joyce Kuykendall for the purpose of rezoning property located at 8515 and 8519 Geyer Springs Road, described as Lots 257 and 258 of the Windamere Subdivision of the City of Little Rock, Arkansas. As notification receipts to the surrounding property- owners had been duly filed with the City Clerk as required by Ordi- nance, Assistant Mayor Hollingsworth declared that the Public Hearing was officially open and any person wishing to address to the issue would be heard at this time. However, 'at :this time there was a motion made by Director Young, in which Mr. David Jacobs, Attorney for the Petitioner, concurred that the Public Hearing be continued.until August 17, 1976. The motion was seconded by Director Dailey, unanimously adopted by the Board Members present; and accordingly, it was announced that the - Public Hearing would be continued on August 17, 1976. Presented for Public Hearing at this time was the Petition of the Greater Second Baptist Church to vacate and close a portion of 29th Street between High and Pulaski Streets in Bowman's Addition to the City of Little Rock, Arkansas, which Petition had received the approval of the Planning Commission, and Notice of the Public Hearing had been duly published on July 14, 1976 and July 21, 1976. The Public Hearing was then declared open and all interested persons were invited to come forward and be heard. There was no one present who wished to speak on the subject, however, and the Public Hearing was sub- sequently declared closed. (See Ordinance No. 13,178, below) There was presented Ordinance No. 13,178, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE STREET IN BLOCK 17, BOWMAN'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Ordinance being read the first time; after which, there was a motion by Director Keith, by Director Linkous, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance followed. A motion was then made by Director Linkous, seconded by Director Dailey, for a further suspension of the rules to provide for the third and final reading of the Ordinance; with the motion being unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance at this time, with the resulting Aye and No vote taken on the passage of the Ordinance receiving the following response: Ayes - Director Keith, Dailey and Linkous, Assistant Mayor.Hollingsworth and Director Young - total 5; Noes - None; Absent - Mayor Wimberly and Director Young'- total 2.. It was then announced that the Ordinance had been passed. The next presentation was the Petition of D. B. 'Hill, Jr., Charles W. Hill; Mary Ann Mott and Sarah Jane Cooper requesting the vacating and closing of 21.7 feet of the Parker (Bond) Street right -of -way in Block 30 of Garland Addition to the City of Little Rock, Arkansas, which had been recommended for denial by the Planning Commission. As a Notice of Public Hearing had been duly published on July 14, 1976 and July 21, 1976, the Public Hearing was declared open. However, there was no opposition presented, the Public Hearing was subsequently closed, and an Ordinance providing for this street closure was placed on first reading. (See proposed Ordinance, as follows) A proposed Ordinance was presented, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE 7 L J 1 1 LJ 1111111 AUGUST 3. 1976, Cont'd. 1111111 STREET RIGHT OF WAY IN BLOCK 30, GARLAND ADDITION TO THE CITY OF LITTLE ROCK; ARKANSAS; and said Ordinance was read the,first time. There was a motion by Director Young, seconded by Director Dailey, for a suspension of the rules to allow for the second reading of the Ordinance at this time. When submitted to a roll call vote, the motion failed to be adopted as herein described: Ayes - None; Noes - Directors Keith, Dailey and Linkous, Assistant Mayor Hollingsworth and,Director Young - total 5; Absent - Mayor Wimberly and Director Bussey - total 2. Accordingly, it was announced that the Ordi- nance would be placed on the calendar for second reading on August 17, 1976. Resolution No. 5,575 was introduced, and entitled: A RESOLUTION AMENDING IN PART RESOLUTION NO. 5,157 PERTAINING TO VARIOUS FEES TO BE- CHARGED AT MUNICIPAL GOLF COURSES; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Dailey, seconded'by Director Keith, which led to adoption of the Resolution by the following roll call vote: Ayes - Directors Keith Dailey and Linkous, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Absent - Mayor Wimberly and Director Bussey - total 2. Presented for consideration at this time.was Ordinance No. 13,179, entitled: AN ORDINANCE AMENDING SECTION 36 -24 OF THE CODE OF ORDINANCES PERTAINING TO FINAL REPAIRS OF CORPORATION CUTS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. The rules were then suspended to.allow for the second reading of the Ordinance by a motion made by Director Young, seconded by Director Linkous and unanimo adopted by the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance and an ensuing motion by Directo Linkous, seconded by Director.Young for a further suspension of the rules and the placing of the Ordi- nance on its third and final reading. The motion having been unanimously adopted by the Board Members present, being five in number, and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was then read the third and last time. An Aye and No vote was then taken on the question of the passage of the Ordinance, and the resulting vote is described as follows: Ayes - Directors Keith, Dailey and Linkous, Assistant Mayor Hollingsworth and Director .Young - total 5; Noes - None; Absent - Mayor - Wimberly and. Director Bussey - . total: 2. There was. an announcement at this time that the Ordinance had passed. The next item presented was Ordinance No. 13,180, described-as:- AN ORDINANCE APPROPRIATING FUNDS TO DEFRAY THE EXPENSES -OF A.SPECIAL ELECTION REGARDING CAPITAL -, IMPROVEMENT BONDS; EMPLOYING BOND:COUNSEL; AND FOR .OTHER PURPOSES;_. 1 .. (Appropriation of,1$11,000;.Employing'as.bond counsel the following, firms:._:Smith, Williams, Friday, Eldredge & Clark; Wright, Lindsey & Jennings; and Rose, Nash, Williamson, Carroll, Clay &- Giroir)- and there was a brief discussion which followed the first reading of the Ordinance. The discussion was prefaced by a comment from 'Assistant Mayor Hollingsworth that it was his understanding that a limit of $24,000 had been established-for bond counsel, which would be shared by the three law firms involved. Speaking for the first.of Wright, Lindsey and Jennings, Attorney Jack Williams offered the suggestion that a financial adviser also be retained. . Mr. Williams contended that, in addition to assisting -the . bond counsel and City Finance Director E. Jack Murphy, a financial adviser could insure that the City h the highest possible rating for bonds and offer advice as to the best possible way'to structure the bond - issue. Assistant'Mayor Hollingsworth and Director Young questioned the need for -a financial advis and Director Young called attention to a recent bond issue which was transacted at a cost of $10,000 to the City for both legal fees and financial-advice. Director Keith contended that the three legal firms designated should be adequate in this matter, and recommended approval of the recommendation before the Board. Director Keith then made a motion, which was seconded by Director Dailey,'that the rules be - suspended and the Ordinance be placed on its second reading; which motion was unanimously adopted by th Board Members present, being five in number and two-thirds or more of the members of the�$oard of AUGUST 3, 1976, Cont'd. Directors - elect. The Ordinance was read the second time, and the rules were again suspended and the, ordinance placed on its third and final reading by a motion made by Director Linkous, seconded by Director Keith, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors- elect. Upon third and last reading of the... Ordinance, the resulting Aye and No roll call.taken on the passage of.the.Ordinance received the follow- in g„ response: Ayes - Directors Keith, Dailey and Linkous, Assistant Mayor Hollingsworth and Director. Young - total 5; Noes - None; Absent - Mayor Wimberly and Director Young - total.2. It was there- fore, announced that the Ordinance had passed. At this time, in response to an invitation from Assistant Mayor Hollingsworth, Mr. Willard Johnson offered his comments on the Capital Improvements which will result from the bond issue. He stated it was his opinion that the area benefiting most from the Capital Improvements would be the northwest section of the City. Contending that there were urgent problems, including drainage, in some of the older sections of the City which - ,should merit consideration at this time,.Mr. Johnson asked the Board for some assurance that the,proceeds of this bond issue would be distributed equitably in all parts of the City. City Manager Carleton McMullin advised Mr. Johnson that certain maps he had examined at the City Hall were old maps which were in no way related to projects coming out of the bond issue, and were not indicative of extensive Capital Improvements in the northwest section of the City. Director Young added that, at present, no plans have been formulated and he is depending upon citizens to help decide which projects should be given priority. Director Bussey was enrolled at this time. There was presented Ordinance No. 13,181; entitled: AN ORDINANCE APPROPRIATING REVENUE SHARING FUNDS FOR THE PURPOSE OF PAYING POLICE AND FIRE DURING THE YEAR 1976; AND FOR OTHER PURPOSES; (Appropriation of $3,400,000) with said Ordinance being read the first time. A motion was then made by Director Keith, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading, which motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; after which a subsequent motion then suspended the rules to allow for the third and final reading of the Ordinance, with the motion being made by Director Dailey, seconded by Director Keith, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance then resulted in the taking of an Aye and No vote on the passage of the Ordinance, with the response described as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. The Ordinance was declared passed. Ordinance No. 13,182 was presented, with the title being: AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES TO PROVIDE AN ADDITIONAL SECTION THEREIN TO BE IDENTIFIED AS SECTION 36 -35 PERTAINING TO WRITTEN NOTICE REQUIREMENTS TO CERTAIN PROPERTY OWNERS WHEN THE MATTER OF VACATING A PORTION OF A PLATTED AND DEDICATED STREET OR ALLEY IS UNDER CONSIDERATION BY THE BOARD OF DIRECTORS; AND FOR OTHER PURPOSES; which Ordinance was read the first time on July 6, 1976. A motion was made at this time by Director Dailey, seconded by Director Young, that the Ordinance be amended in order that the provisions might apply to street closures, as well as alley closures. A roll call was taken on the motion and the amend. ment was adopted as herein described: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. The Ordinance, as amended was then read the second time; after which there was a motion from Director Young, seconded by Director Keith, that the rules be suspended and the Ordinance be placed on its third 1 1 AUGUST 3, 1976, Cont'd. i and final reading. The motion was adopted by unanimous vote of the Board Members present,.being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. Subsequently, an Aye and No vote was taken at this time on the passage of the Ordinance, which resulted as herein recorded:. Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. It.was then announced that the Ordinance, as amended, had been passed. There was.scheduled for second reading at this. time a proposed Ordinance, entitled: AN ORDINANCE AMENDING SUBSECTION 4 OF SECTION 43 -22 OF THE CODE OF ORDINANCES PERTAINING TO THE BOARD OF ADJUSTMENT BY ADDING A SUBSECTION (m) THERETO; AND FOR OTHER PURPOSES; which Ordinance was read the first time on July 6, 1976. _However, at the request of Director Dailey, i the Ordinance was left on the calendar for second reading on August 17, 1976. i Introduced at this time was Resolution No. 5,576, with the title being: A RESOLUTION WAIVING THE RIGHT OF ACQUISITION OF CERTAIN LANDS DESIGNATED IN THE MASTER PARKS PLAN; AND FOR OTHER PURPOSES; (Releasing Park Sites-29NF and 5NF'from the Master Parks Plan, due-to lack of funds for acquisition and development). _ with the.Resolution being read in.its entirety. A motion was made by Director Linkous, and seconded by -' �- Director Dailey, which resulted in a.roll',call -vote whereby the Resolution - was.adopted.by the following vote: Ayes - Directors Keith, Dailey,_Linkous and Bussey,,.Assistant Mayor Hollingsworth and Director Young. - ,total 6; Noes,-.None; - Absent_- _Mayor.Wimberly - total 1. _ - -. Ordinance No. 13,183 was presented for consideration, with the title being: AN ORDINANCE CONDEMNING A PARCEL OF REAL PROPERTY WITHIN THE CITY OF LITTLE ROCK, ARKANSAS FOR THE CONSTRUCTION OF A PUBLIC BUILDING AND RELATED STORAGE_FACILITY; DIRECTING. THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS;_AND FOR OTHER..PURPOSES; (Site for construction of Material Yard Building). - with.the Ordinance being read_the first time; after which, there was a motion by Director Linkous, seconded by Director.Dailey, that_the rules be,suspended and,the,Ordinance placed on its second reading. The.motion received unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of,the Board of Directors - elect; and the second reading of the Ordinance ensued. The rules were again suspended to provide for the third and final reading of the Ordinance at this time, by a motion made by Director Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being six in- number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time and the Aye and No vote on the passage of the Ordinance which followed received a response as herein described: Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 5; Noes - None; Abstaining_ -: Director Keith - total 1; Absent - Mayor Wimberly - total,l. The Ordinance was declared passed. Then presented was Resolution No. 5,577, entitled: A RESOLUTION ACKNOWLEDGING THE AMOUNT OF $37,237 DUE THE CITY OF LITTLE ROCK,, ARKANSAS BY METRO- PLAN, WHICH REPRESENTS OVERPAYMENT FOR CENTRAL ARKANSAS TRANSIT DURING 1975; f4 with there being a complete reading of the Resolution. Director Linkous urged adoption of this Resolution, stating "due to previous action of our Board with the same type of criteria, I feel this Resolution is appropriate." There was a motion at this time by Director Young, seconded by Director Bussey, which resulted in adoption of the Resolution by the.following roll call vote: Ayes - Directors Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Abstaining - Director Keith -;-total 1; Absent - Mayor Wimberly - total 1. The final item presented was Ordinance No. 13,184, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR CENTRAL ARKANSAS TRANSIT'S OPERATING AND MAINTENANCE DEFICIT; AND FOR'OTHER PURPOSES; I� AUGUST 3. 1976, Cont'd. (Appropriation of $30,625) .. and the Ordinance was read the first time. There was a motion by Director Young, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on second reading, with the motion being unanimously adopted by the Board Members present, being six.in number and two - thirds or more of the members of the.Board of Directors- elect. There was a second reading of the Ordinance, and a sub- sequent motion by Director Linkous, seconded by Director Bussey, to suspend the rules and place the . Ordinance on its third and final reading. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; after which, the Ordinance was read the third and last.time. An Aye and No vote was then taken on the passage of the Ordinance which resulted as, follows: Ayes - Directors.Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 5; Noes - None; .Abstaining - Director yyk,ay on. LJw.. JauLic( - &4- 4.1- / Keith - total 1; Absent - None. Accordingly, it was announced that the Ordinance had passed. Reports were.given at this,time by Directors. Dailey,and.Linkous pertaining to the Central Arkansas Transit. Director Dailey stated that there was some concern among Metroplan Board Members regarding the possibility,of a requested loan reverting back to the negotiating entities, which had acted in the interest of the Transit Company. It was suggested by Director Dailey that the City Manager and City Attorney meet with Director Linkous and himself for the purpose of discussing the City's position regarding the Central Arkansas Transit and public transportation in general. This, he stated, would enable Director Linkous and himself to relate the City's ideas and policy to the Metroplan Board and the Transit Policy Board. Reporting on the Transit Policy Board meeting, Director Linkous stated that in the future Transit Policy Board meetings would be held on the second Tuesday of each month, and that monthly activity reports of the Transit Company would be provided containing such information as the number of riders, complaints, new routes, etc. City Manager Carleton McMullin presented Bond Issue Schedules to the Board Members pertaining to a proposed sale of Capital Improvement Bonds, on which an election will be held on September 21, 1976. He contended that it would be advantageous to hold discussions on this subject, and stated that activity is under way at this time with various citizens groups for their input in the matter. Mr. McMullin also advised that a Public Hearing had been set for Monday, August 9, 1976 at 6:30 o'clock P. M. to hear comments from the general public pertaining to the proposed bond sale. A motion was then made by Director Dailey, seconded by Director Keith, that the Bond Issue Schedule be approved, which motion was unanimously approved by the Board Members present. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Linkous, seconded by Director Bussey, which was unanimously adopted by the Board Members present, the meeting was adjourned at 8:50 o'clock P. M., to meet again in regular session on Tuesday, August 17, 1976 at 7:30 o'clock P. M. ATTEST: APPROVED: City Clerk Assistant Mayor t - 1 ' 79 r i Board of Directors Chamber Little Rock, 'Arkansas f August 17, 1976 - .7;30 -P. M. The Board of Directors of the City of Little Rock, Arkansas met in.regular session with Mayor George Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: ,Directors Keith,.Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. It was announced that there was a quorum in attendance; and the proceedings of the meeting are recorded as follows: The Invocation was given by Mayor Wimberly. The first.item to.be considered appearing on the Agenda was the continuance of a Public Hearing to rezone 8515 and 8519 Geyer Springs'.Road (Z- 3033). A Public Hearing was scheduled and opened on August 3, 1976 to hear arguments on an appeal by Joyce Kuykendall, of the Planning Commission's denial on June 24, 1976 to rezone this property described as Lots 257 and 258, Windamere Subdivision, from "E -1" Quiet Business District to "F" Commercial District. On August 3, 1976, a Motion was made and adopted to continue this Public Hearing on August 17, 1976 at 7:30 o'clock P. M. Mayor Wimberly then announced that the Public Hearing would be continued at this time. There were four property owners on Chaucer Lane, whose property abutts the lots to be rezoned on the east, who voiced strong opposition to this proposal. Chaucer Lane is contained in the residential subdivision of Windamere. Mr. Paul Johnson, Attorney for the petitioner, contended that there had been a great change on Geyer Springs Road in recent years and that. the highest and best use of this property would be "F" Commercial. He further pointed out that the property on Chaucer Lane was screened by a ditch at the rear of the property requested for rezoning to "F" Commercial. There was no further discussion and Mayor Wimberly declared the Public Hearing closed and the proposed Ordinance was placed on first reading, as follows:, A proposed Ordinance was presented, with.the title being: I AN ORDINANCE RECLASSIFYING 8515 AND 8519, GEYER SPRINGS ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. There was a motion by Director Young, seconded by Director Bussey to suspend the rules to allow for the second reading of the Ordinance at,this.time. A.roll call was taken on the suspension of the rules which resulted as follows: Ayes - Directors Linkous, Bussey and Young - total 3; Noes - Directors Keith, Dailey, Mayor Wimberly and Director Hollingsworth --total 4; Absent - None. It.was announced that -the motion to suspend-the rules had failed and the,_Ordinance was left on the calendar for second reading at a later date. The matter.of rezoning (Z- 1859 7F) 1200 North University Avenue (see petition for lengthy legal description).was scheduled for Public Hearing on this date, by the adoption of Resolution No. 5,563, on July 20, 1976. The petition submitted,.by Rector - Phillips- Morse, Inc. to rezone this property from I "MF 12" Multi- family District to "E -1" Quiet Business and "A" One - family Districts,was first presented to the Board of Directors on April 20,:1976,•after having been approved by the Planning Commission. On May 18, 1976 the Ordinance was read the third and final time and FAILED of passage. (See Pages 227 -235- 243- 249 -260 and.266 of Minute Record No. A -5 for details). As notification receipts to the surrounding property - owners had been mailed by the City Clerk with return receipts duly received, as required by. Ordinance, Mayor Wimberly declared that the Public Hearing was officially open and any person wishing to address to the.issue.would be.heard at this time..-Mr. Larry Davis of 12 Gay Place, representing approxi- mately.forty property owners in the,South Normandy Addition, advised the.Board that the zoning request was opposed by this group. Mrs. Lucy Abraham, a Member of the Little Rock.School Board, stated-that the School Board still objects to this proposed rezoning as previous records reflect.: Mr. Byron Morse, one of the petitioners, was present but had no comments to make. Since there were no other speakers to be heard, Mayor Wimberly declared the Public Hearing closed. (See proposed Ordinance.on next page) AUGUST 17. 1976. Cont'd. There was presented a proposed-Ordinance, described as: AN ORDINANCE RECLASSIFYING 1200 BLOCK NORTH UNIVERSITY AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER f' PURPOSES; with there being a first reading of the Ordinance. Director Bussey then made a motion that the rules be suspended and the Ordinance be placed on second reading, which motion was seconded by Director LinkoL A roll call was had on the question of the suspension of the rules with the results recorded as follows: Ayes - Directors Linkous, Bussey and Young - total 3; Noes - Directors Keith, Dailey, Mayor Wimberly and Director Hollingsworth - total 4; Absent - None. The proposed Ordinance was therefore, left on the calendar for second reading at a later meeting. The next zoning proposal to come before the meeting was. (Z-3034) the rezoning of the south side of the 800 to 900 Block of East Roosevelt Road (see petition for lengthy legal description) from "B ", "C ", "F ", "H" and "I" Districts to "I" Light Industrial District. The petition for this classification was filed by Paul Stanfield, Attorney for the Moon Realty, Hastings Realty and H & M Realty Company, and received approval of the Planning Commission on June 24, 1976. Subsequently, it was placed on the Board Tentative Agenda on July 14, 1976. At the Agenda Meeting on that date, Director Bussey advised that he had - received requests from various property owners in the Biddle Shops Area for rezoning of their properties to "I" Light Industrial District also. He therefore, requested that the rezoning of the 800 to 900 Block of East Roosevelt Road before the Board, be removed from the list of various approved zoning petitions and that a Resolution (No. 5,564) be placed on the July 20, 1976 Official Agenda to set a Public Hearing date on August 17, 1976, to discuss the rezoning of the south side of the 800 to 900 Block of East'Roosevelt Road and the Biddle Shops Area, and that a supplemental ordinance be prepar for the Biddle Shops Area. On July 26, 1976, the.City Clerk published the Notice of Public Hearing, accompanied by maps of the areas to be rezoned, as required by ordinance. At this time, Mayor Wimberly announced that the Public Hearing scheduled for this time and place was open and all persons wishing to address to the issues would be heard now. As there was no one present who wished to speak, the Mayor declared the Public Hearing closed and the following two proposed Ordinances were presented. The first proposed Ordinance presented, was entitled: AN ORDINANCE RECLASSIFYING 800 TO 900 BLOCK EAST ROOSEVELT ROAD (SOUTH SIDE) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; , AND FOR OTHER PURPOSES; and said Ordinance was read for the first time. There was a motion by Director Linkous, seconded by Director Bussey, for a suspension of the rulks,to allow for the second reading of the Ordinance at this time. When submitted to a roll call vote, the motion failed to be adopted as herein described: Ayes - Directors Linkous, Bussey and Young - total 3; Noes - Directors Keith, Dailey, Mayor Wimberly and Director Hollingsworth - total 4; Absent - None. Accordingly, it was announced that the Ordinance would be placed on the calendar for second reading at a later date. The proposed Ordinance to rezone the Biddle Shops Area was presented, entitled: AN ORDINANCE RECLASSIFYING BIDDLE SHOPS AREA IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. Director Linkous made a motion, seconded by Director Bussey, that the rules be suspended and the ordinance be placed on second reading. A roll call was taken on the suspension of the rules with the following results: Ayes - Directors Linkous, Bussey and Young total 3; Noes - Directors Keith, Dailey, Mayor Wimberly and Director Hollingsworth - total 4; Absent - None. Therefore, there was an announcement that the Ordinance would remain on the calendar for second reading at a later date. III I .✓ AUGUST 17, 1976 Cont'd. The next matter to be discussed was calling an Election for a $15,000,000 Bond Issue for the City of be an appropriate method for accomplishing these improvements, adding that it would stretch the money from the Bond Issue for other projects. He then made a motion that when all Bond Projects have been selected and totalled, "any excess that we end up with over $15,000,000, be pro rated against these six street projects, thereby reducing the allocations accordingly, and that Improvement Districts or other methods be used to stretch the Bond money." The motion was seconded by Director Keith. At this point, Director Keith moved that "the 10% contingency fund be removed from each of these accounts." Director Dailey stated that he felt the Board should go ahead and make a decision, and leave the contingency fund there. The motion made by Director Keith failed to receive a second, therefore, it failed of adoption. The next comment was from Director Hollingsworth, who said he was impressed with the Improvement Distric concept, but that he felt obligated the Board should go forward with the Bond Issue and that it should b ' directed to streets. He further stated that he was.not opposed to Parks, but that the existing Parks should be well maintained and kept clean, and that the primary interest should be on streets. He was in favor of allocating the majority of the money for streets. Director Linkous then expressed his general agreement with _Che Special Improvement District concept, but it was his opinion that it would be very unwise at this time, to set a policy that it not directed at the passage of the Bond Issue, and felt it foolish to deal with the - Smprovement District concept at this time, and-suggested that the peopl be informed that an Improvement District is going to come out of this, if the'.Board fol'lows'the Motion and Second before them. A roll call was then taken on Director Young's Motion with the response herein described: Ayes - Director Keith, Mayor Wimberly and Director Young - total 3; Noes - Directors Dailey Linkous, Bussey and Hollingsworth - total 4; Absent - None. It was.announced that the Motion had faile to be adopted. The next matter for discussion was the University Avenue Traffic Signal System. Directo Little Rock, on September 21st, for Capital Improvements. A list of staff priorities for various projec ' this project was.one had been presented to the Board for study at a previous Work Session, Director Linkous was first to be heard and he requested a modification of the $406,000 proposed for ai recreation center and improvements of the small items be cut, subsequently making a at Benny Craig Park, and made a motion that "$280,000 be reallocated for the acquisition of Land and the construction of a Library for the Southwest and $120,000 be allocated for the renovation and expansion Taylor, Assistant Director of Community Services, advised of the Ottenheimer Park Recreation Facility." A discussion ensued and Mr. William Thompson, a member of that this item does the Library Board of Trustees was present and explained the need for a branch library in the Southwest Director Linkous then withdrew his motion. Following, area. Upon question by Director Dailey, he advised that a new facility would not increase the operating budget of the library. Mrs. Alice Gray, Librarian, pointed out that about half the persons who would benefit from a new branch, live in the County and that the County turnback funds would provide for the operation of such a facility. Director Young then seconded the motion by Director Linkous, and a roll call was taken with the results recorded herein: Ayes - Directors Keith, Dailey, Mayor Wimberly, Direct Linkous, Bussey and Young - total 6; Noes - None; Abstaining - Director Hollingsworth - total 1; Absent - None. The Motion was therefore, adopted. Improvements to Streets was the second subject to be ' discussed, to be voted.on in.the Capital Improvements Bond Issue. Some of the recommended streets for improvement were: Rodney Parham Road, Chicot /Baseline Roads Drainage, John Barrow Road, Forbing Road, Blount Road and Brookside Drive. Director Young speaking on the subject of street projects, was.of the opinion that the formation of Improvement Districts to help pay for arterial street improvements would be an appropriate method for accomplishing these improvements, adding that it would stretch the money from the Bond Issue for other projects. He then made a motion that when all Bond Projects have been selected and totalled, "any excess that we end up with over $15,000,000, be pro rated against these six street projects, thereby reducing the allocations accordingly, and that Improvement Districts or other methods be used to stretch the Bond money." The motion was seconded by Director Keith. At this point, Director Keith moved that "the 10% contingency fund be removed from each of these accounts." Director Dailey stated that he felt the Board should go ahead and make a decision, and leave the contingency fund there. The motion made by Director Keith failed to receive a second, therefore, it failed of adoption. The next comment was from Director Hollingsworth, who said he was impressed with the Improvement Distric concept, but that he felt obligated the Board should go forward with the Bond Issue and that it should b ' directed to streets. He further stated that he was.not opposed to Parks, but that the existing Parks should be well maintained and kept clean, and that the primary interest should be on streets. He was in favor of allocating the majority of the money for streets. Director Linkous then expressed his general agreement with _Che Special Improvement District concept, but it was his opinion that it would be very unwise at this time, to set a policy that it not directed at the passage of the Bond Issue, and felt it foolish to deal with the - Smprovement District concept at this time, and-suggested that the peopl be informed that an Improvement District is going to come out of this, if the'.Board fol'lows'the Motion and Second before them. A roll call was then taken on Director Young's Motion with the response herein described: Ayes - Director Keith, Mayor Wimberly and Director Young - total 3; Noes - Directors Dailey Linkous, Bussey and Hollingsworth - total 4; Absent - None. It was.announced that the Motion had faile to be adopted. The next matter for discussion was the University Avenue Traffic Signal System. Directo Director Hollingsworth made a motion "to allocate $10,905,400 for Streets and Drainage." This motion was seconded by Director Dailey, who then made a motion to "amend this proposal by taking one -half of the amount allocated for the John Barrow Road Project" (stated as $1,258,500, but correct amount should 201 L Linkous said it was not his understanding that this project was.one of the highest priorities, and suggested that some of the small items be cut, subsequently making a motion "to cut this allocation." Upon question by Director Linkous, Mr. John L. Taylor, Assistant Director of Community Services, advised that this item does carry a high priority, and Director Linkous then withdrew his motion. Following, Director Hollingsworth made a motion "to allocate $10,905,400 for Streets and Drainage." This motion was seconded by Director Dailey, who then made a motion to "amend this proposal by taking one -half of the amount allocated for the John Barrow Road Project" (stated as $1,258,500, but correct amount should 201 L AUGUST 17, 1976, Cont'd. have been $1,280,500) which was seconded by Director Linkous. At this time, Directors Hollingsworth and Dailey withdrew the original motion and second. Director Bussey then made a second motion "to replace the John Barrow Road Project with $1,280,500, by taking it from the Rodney Parham Road Project." ' The motion was seconded by Director Young. A roll call followed on the motion made and seconded by Directors Bussey and Young, respectively, with the following results: Ayes - Directors Bussey and Young - total 2; Noes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous and Hollingsworth - total 5; Absent - None. It was announced that the motion failed to be adopted. A roll call was then taken on the motion made and seconded by Directors Dailey and Linkous, respectively, to remove $1,280,500 from the John Barrow Road Project, which motion was adopted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - Director Bussey - total 1; Absent - None. Improvements to railroad crossings were briefly discussed, followed by a motion from Director Young, seconded by Director Bussey "to delete $250,000 allocated for improvements to railroad crossings." Director Hollingsworth mentioned the need for repairs to the Biddle Shops crossing, and subsequently made a motion "to amend Director Young's motion to delete $200,000 from the Railroad Crossing Project." Director Dailey seconded the motion which was adopted by the resulting roll call vote: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. (A roll call was not taken on the original motion "to delete $250,000 from this project" and Director Hollingsworth made a motion to expunge the motion from the record, which was.seconded by Director Linkous and was adopted by unanimous voice vote). Director Young then made a motion "that any excess (project allocations over $Z5,000,000) be taken from the contingency allocation." The motion was seconded by Director Keith, and adopted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollings- worth and Young - total 7; Noes - None; Absent - None. The last allocation to be discussed was the $200,000 proposed for River Mountain Park. There was a motion from Director Hollingsworth "that the $200,000 be removed from that project and be added to the $600,000 for the upgrading of existing parks. Director Bussey seconded the motion which was adopted by the following roll call vote: Ayes - Director Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes None; Absent < None. Mr. Jack Williams, one of the Bond Attorneys, explained to the Board of Director that under the provisions of Amendment_No. 13, the Ordinance for the calling of the election would need to contain specific language to identify the various purposes for which the funds will be used. There II , was no further discussion on the allocations for projects which are listed below: Streets Drainage, Signalization,.� Rodney Parham Road Markham- Shackleford Road John Barrow Road (12th- Asher) Forbing Road (Univ -Geyer Springs) TOTAL -4 Projects $ 5,152,500 Wright Avenue Overpass 100,000 13th Street Viaduct 100,000 Asher Ave ROW:acquisition 150,000 Gillam Park Road & Drainage 95,000 Blount Road (Univ - Hindman) 430,000 Brookside (Reservoir- Rodney Par) 561,000 Downtown Traffic Signal System 850,000 University Avenue Traffic Signal System 550,000 Reversible Lane Signalization: 200,000 9th St.- I -30 to Bond Bond St. - 4th to 6th 7th & Spring Sts. Drainage 65,000 Chicot /Baseline Drainage 95,000 Rock Creek Drainage 35,000 Railroad Crossing Improvement 50,000 Contingency 970,500 TOTALS ­Streets, Drainage, Signals $ 9,404,000 , AUGUST 17, 1976, Cont'd. Library - Southwest Little Rock Contingency TOTAL Remodel Fire Station #iO Contingency TOTAL Administrative Facilitv & Vehicle Maintenance Shop Contingency TOTAL $150,000 550,000 200,000 250,000 250,000 500,000 6, 000 800,000 1120, 000 225,000 150,000 320.000 $ 3,521,000 280,000 28,000 $ 308,000 70,000 7,000 $ 77,000 1,400,000 140,000 $ 1,540,000 The Ordinance No. 13;185, calling for the,Election on the Capital improvements Bond Issue as then introduced and entitled: AN ORDINANCE CALLING A SPECIAL ELECTION ON THE QUESTION OF ISSUING BONDS FOR THE PURFOSES'OF PROVIDING A PORTION OF THE COST OF PURCHASING RIGHTS OF WAY FOR AND CONSTRUCTING STREETS AND RELATED IMPROVEMENTS, PROVIDING FOR A PORTION OF THE COST OF PURCHASING, DEVELOPING AND IMPROVING OF PUBLIC PARKS, AND CONSTRUCTING AN ADMINISTRATION FACILITY TO SUPPLEMENT THE CITY HALL OF THE CITY OF LITTLE ROCK, RENOVATING AND EQUIPPING BUILDINGS FOR THE HOUSING -OF FIRE FIGHTING APPARATUS AND PURCHASING A SITE FOR AND CONSTRUCTION AND EQUIPPING OF A LIBRARY, AND PROVIDING FOR RETIREMENT OF THE OUTSTANDING BONDS OF THE CITY OF LITTLE ROCK, ARKANSAS GENERAL OBLIGATION IMPROVEMENT BONDS, DATED AUGUST 1, 1965; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and the,Ordinance was read the first time. The rules were then suspended to allow for the second read of the Ordinance at this time by -a motion made by Director Linkous, seconded by Director. Dailey and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, after which, there was a subsequent motion by Director Linkous, seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on'its third and final reading. The motion was adopted by unanim, vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, and the resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young -'total 7; 'Noes - None; Absent - None. The Emergency Clause contained in Section 7 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous,,Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None with the Emergency Section was declared PASSED. e Therefore, the Ordinance, together Park Improvements & Development <7 MacArthur Park Improvements 12th & Cleveland Park Development Curran Conway Park Acquisition ' Zoo Improvements Downtown LR Park Development Downtown LR Park Acquisition Benny Craig Park Improvements Upgrading Parks Including: "Allsopp, Birchwood, Boyle, Butler, Cheatam,.Dunbar; Fletcher, Gillam, Hindman, Kanis, Meriwether, Rebsamen, Ottenheimer, Granite Heights, Granite Mountain,Reberyoir,­ Wakefield, War Memorial & West End Ottenheimer Recreation Center Museum of Science & History Terry Mansion Renovation Contingency TOTAL PARKS i Library - Southwest Little Rock Contingency TOTAL Remodel Fire Station #iO Contingency TOTAL Administrative Facilitv & Vehicle Maintenance Shop Contingency TOTAL $150,000 550,000 200,000 250,000 250,000 500,000 6, 000 800,000 1120, 000 225,000 150,000 320.000 $ 3,521,000 280,000 28,000 $ 308,000 70,000 7,000 $ 77,000 1,400,000 140,000 $ 1,540,000 The Ordinance No. 13;185, calling for the,Election on the Capital improvements Bond Issue as then introduced and entitled: AN ORDINANCE CALLING A SPECIAL ELECTION ON THE QUESTION OF ISSUING BONDS FOR THE PURFOSES'OF PROVIDING A PORTION OF THE COST OF PURCHASING RIGHTS OF WAY FOR AND CONSTRUCTING STREETS AND RELATED IMPROVEMENTS, PROVIDING FOR A PORTION OF THE COST OF PURCHASING, DEVELOPING AND IMPROVING OF PUBLIC PARKS, AND CONSTRUCTING AN ADMINISTRATION FACILITY TO SUPPLEMENT THE CITY HALL OF THE CITY OF LITTLE ROCK, RENOVATING AND EQUIPPING BUILDINGS FOR THE HOUSING -OF FIRE FIGHTING APPARATUS AND PURCHASING A SITE FOR AND CONSTRUCTION AND EQUIPPING OF A LIBRARY, AND PROVIDING FOR RETIREMENT OF THE OUTSTANDING BONDS OF THE CITY OF LITTLE ROCK, ARKANSAS GENERAL OBLIGATION IMPROVEMENT BONDS, DATED AUGUST 1, 1965; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and the,Ordinance was read the first time. The rules were then suspended to allow for the second read of the Ordinance at this time by -a motion made by Director Linkous, seconded by Director. Dailey and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, after which, there was a subsequent motion by Director Linkous, seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on'its third and final reading. The motion was adopted by unanim, vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, and the resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young -'total 7; 'Noes - None; Absent - None. The Emergency Clause contained in Section 7 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous,,Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None with the Emergency Section was declared PASSED. e Therefore, the Ordinance, together AUGUST 17, 1976, Cont'd. 0 At this time, 9:15 o'clock P. M.; Mayor Wimberly called for a ten minute recess of the Meeting. The Board of Directors reconvened from the ten minute recess at 9:25 o'clock.P. M. with Mayor Wimberly presiding and Jane Czech, City Clerk, calling the roll with the following Directors present: ' Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. There was again a quorum in attendance and the meeting proceeded as follows: Presented next from the Official Agenda.were the Consent Items, described as: (a) The Minutes of the previous meeting held on August 3, 1976. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of June, 1976. (c) Resolution No. 5,578, entitled: A RESOLUTION AWARDING CONTRACTS FOR RESURFACING OF CERTAIN STREETS; HEATING AND AIR CONDITIONING MAINTENANCE AND DEMOLITION OF CONDEMNED STRUCTURES; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; By a motion made by Director Bussey, seconded by Director Linkous, and unanimously adopted by the Board Members present, the Consent items were dispensed with as follows: (a) The minutes were approved as written and summarized to the Board of Directors; (b) The Comparative Statement was received and filed; and (c) Resolution No. 5,578 was read and adopted. ' The next presentation was Zoning Petition (Z -3038) filed by William R. Kremer, to rezone Lot No. 4, Vernon Place Addition (9204 Adkins Street) from "A" One- family District to "D" Apartment District, as approved by the Planning Commission on July 29, 1976. There was no opposition presented regarding this rezoning, and the Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,186, as follows) Ordinance.No. 13,186 was presented with the title being: AN ORDINANCE RECLASSIFYING 9204 ADKINS STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECT 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Bussey, seconded by Director Linkous, and un- animously adopted by the Board Members present, being seven in.number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a - subsequent motion made by Director Keith and Director Young, respectively, to suspend the rules and , place the Ordinance on its third and final reading.. The motion received unanimous adoption by the Board Members present, being seven,in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the,Ordinance ensued. The question of.passage of the Ordinance was then submitted to an Aye and No vote, which received the following response: Ayes - Directors Keith, Dailey, Mayor. Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. There was an announcement that the Ordinance had PASSED. The following Zoning Petitions, as approved by the Planning Commission on July 29, 1976, were. presented at this time: Z -3039 - From William R. Meeks, Jr. for the England Estate, to rezone 9106 Geyer Springs ,Road, described in lengthy legal description on petition, from "A" One - family District to "E -1" Quiet Business District. Z -3040 - From Eugene T. Lewis, Jr., Agent for Fischer Steel Corporation, to rezone 1922 East 22nd Street, described in lengthy legal description attached to petition, from "I" Light Industrial District to "•K" Heavy Industrial District.. I I Z -3041 - From Robert L. Lowry, Attorney for James R. Tait and Ralph J. Coppess, to.rezone 1321 Rebsamen Park Road, described in lengthy legal description attached to the petition, from "I" Light Industrial District to "F" Commercial District. 1 V/ p285. AUGUST 17, 1976, Cont'd. Z -3042 - From Paul D. Dyson, to rezone 5821 Big Oak Lane, described in lengthy legal description attached to petition, from "A" One- family District to "I" Light Industrial District. ' Z -3043 - From Basil Copeland, for James H. & Jean Tucker to rezone 1811 -1815 West 9th Street, described as the W'j of the N;� of Lot 11, and W�, of Lot 12, Block 10, Marshall & Wolfe Addition, from "C" Two- family District to "D" Apartment District. As there was no opposition presented to the rezoning of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,187, as follows) Ordinance No. 13,187 was presented with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Keith, seconded by Director Dailey, and unanimous) adopted by the Board Members present,,being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the,Ordinance, followed by a subsequent motion made by Director Young and Director Keith, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board Members present, being ' seven in number and two- thirds or more of the members of the Board of Directors - elect, and the third and last. reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an ye and No vote, which received the following response: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. It was then announced that the Ordinance had PASSED. A proposed Ordinance was presented, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE STREET RIGHT OF WAY IN BLOCK 30, GARLAND ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the second time, having been read the first time on August 3, 1976, and left on the calendar. There was an ensuing motion from Director Keith, seconded by Director Bussey,. that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance followed. ' The results of the Aye and No vote on the passage of the Ordinance is recorded as follows: Ayes - Director Bussey - total 1; Noes - Directors Keith, Dailey, Linkous, Hollingsworth and Young - total 5; Abstaining - Mayor Wimberly - total 1;- Absent - None. Accordingly,.it was announced that the Ordinance had FAILED to pass. Presented for consideration at this time was Ordinance No. 13,188, entitled: AN ORDINANCE EXTENDING THE CITY'S VEHICLE LIABILITY INSURANCE CONTRACT FOR ONE YEAR; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; (Baldwin - Meadors and Associates, Inc. awarded contract on July 1, 1975, by Resolution No. 5,386) with said Ordinance being read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Hollingsworth, seconded by Director Linkous, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance and an ensuing motion by Director Linkous, seconded by Director Dailey, for a further suspension of the rules and the placing of the Ordinance on its third and final reading. The motion having been unanimously adopted.by ' the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was then read the third and last time. An Aye and No vote was then take on the question of the passage of the Ordinance, and the resulting vote is described as follows: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes Non e;= Absent = None.— The_Ordinance- was -then declared- PASSED.. AUGUST 17, 1976, Cont'd. The next item presented was Ordinance No. 13,189, described as: AN ORDINANCE APPROPRIATING THE SUM OF $106,440.46 AS THE CITY'S MATCHING FUNDS TO THE HIGH STREET IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES; with the Ordinance being read the first time after which, there was a motion by Director Keith, seconded , by Director Young, that the rules be suspended and the Ordinance placed on its second reading. The motion received unanimous adoption by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. The rules were again suspended to provide for the third and final reading of the Ordinance at this time, by a motion made by Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time and the Aye and No vote on the passage of the Ordinance which followed, received a response as herein described: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Therefore, it was announced that the Ordinance had PASSED. There was presented Resolution No. 5,579, entitled: A RESOLUTION AUTHORIZING THE MAYOR "AND. CITY CLERK TO EXECUTE.A MEMORANDUM'OF'AGREEMENT -WITH THE HOUSI G AUTHORITY OF THE CITY OF LITTLE ROCK; FOR CLOSE -OUT OF THE NEIGHBORHOOD DEVELOPMENT PROGRAM; AND FOR ' OTHER PURPOSES; with said Resolution being read in its entirety. At this time, there was a motion by Director Bussey, seconded by Director Dailey, for adoption of the Resolution. The resulting roll call then provided for adoption of the Resolution as herein described: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Introduced at this time was Resolution No. •5,580, with the title being: A RESOLUTION AUTHORIZING THE EXECUTION AND RECORDING BY THE CITY OF LITTLE ROCK, ARKANSAS OF A DECLARATION OF AN EASEMENT.BY PRESCRIPTIVE USE OF CERTAIN REAL PROPERTY SITUATED IN PULASKI COUNTY, ARKANSAS; (For use of Little Rock Municipal Water Works) and after a complete reading of the Resolution, there was a motion by Director Keith, seconded by Director Linkous, for adoption of the Resolution. A roll call was then taken on the motion for adoption of the Resolution, with the resulting vote being recorded as follows: Ayes - Directors Keith, Dailey, , Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The proposed Ordinance appearing on the Agenda for second reading, entitled: AN ORDINANCE AMENDING SUBSECTION 4 OF SECTION 43 -22 OF THE CODE OF ORDINANCES PERTAINING TO THE BOARD OF ADJUSTMENT BY ADDING A SUBSECTION (m) THERETO; AND FOR OTHER PURPOSES; was NOT READ; therefore, the proposed Ordinance remained on the calendar for second reading at a later date. Resolution No. 5,581 was,introduced, with the title being: A RESOLUTION GRANTING A TEMPORARY FRANCHISE TO MEDIC VAC AMBULANCE, INC. TO OPERATE AND PROVIDE AMBULANCE SERVICE IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, and an ensuing motion by Director Hollingsworth, seconded by Director Linkous, for adoption of the Resolution. A roll call was taken and the Resolution was adopted by the following vote: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. ' I J AUGUST 17, 1976, Cont'd. At this time, City Manager Carleton E. McMullin brought to the attention of the Board of Directors, a subject that did not appear on the Agenda. He advised that he had been contacted with reference to available federal dollars from the Department of Transportation for emergency medical vehicles and equipment. Funds are available on a 50 -50 match basis, with the total grant not to exceed $10,000.00. From the $25,000 for Emergency Medical Rescue Services previously appropriated by the Board, he request that the remaining $5,000 of that appropriation be used as matching funds; and the following Resolution was approved for presentation:' Resolution No. 5,582 was presented, entitled: " A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDS TO PURCHASE CERTAIN EQUIPMENT FOR EMERGENCY MEDICAL RESCUE SERVICES; AND -FOR OTHER PURPOSES; a.. with said Resolution being read in full. There was a motion by Director Linkous, seconded by Director Keith, which resulted in a roll call vote whereby the.,Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The final item of the Official Agenda, Resolution No. 5,583, was presented, with the title described as: A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Appointment of Mrs. Jean Ann Patterson to the City Beautiful Commission, and Mr. Carl H. Miller, Jr. to the Housing Board of Adjustment and Appeals) and after a full reading of the Resolution, there was a motion by Director Linkous, seconded by Bussey, which led to adoption of the Resolution by the following roll call vote: Ayes - Directors' Keith, Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent — None. r There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Hollingsworth, seconded by Director Keith, which was unanimously adopted by the Board Members present, the meeting was adjourned at 10:00 o'clock P. M., to meet again in session on Tuesday, September 7, 1976 at 7:30 o'clock P..M. ATTEST: �jy�,Qj APPROVED: City Clerk Mayor J l ok s� Board of Directors Chamber Little Rock, Arkansas August 23, 1976 - 7:30 A. M. The Board of Directors of the City of Little Rock, Arkansas met in Special Session with Mayor George E. Wimberly presiding and City.Clerk Jane Czech, and the following Directors present: Directors Keith, Linkous, Bussey, Hollingsworth and Young - total 5; Absent - Director Dailey - total 1. It was announced by Mayor Wimberly that a quorum was in attendance, and he then explained that the purpose of the meeting was for a discussion of Bond Referendum leadership. The Notice of the Special Session was.then..filed with the City Clerk. At the motion of Director Keith, seconded by Director Bussey and unanimously adopted by the Board Members present, the meeting was recessed.at 7:40 o'clock A. M. for an Executive Session. The meeting resumed at 8:23 o'clock P. M., with Mayor Wimberly, Jane Czech, and the following Directors present: Directors Keith, Linkous, Bussey, Hollingsworth and Young - total 5. Director Dailey was again recorded as being absent. At this time a motion was made by Director Linkous, seconded by Director Bussey, "that the City Manager be authorized to proceed with the appointment of a chairman and co- chairman for a Citizens Committee on the Bond Referendum Issue." The motion was subsequently adopted by the following roll call vote: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Absent - Director Dailey - total 1. There being no further business to come before the Board of Directors at this time, upon motion of Director Linkous, seconded by Director Keith, and unanimously adopted by the Board Members present, the meeting was adjourned at 8:35 o'clock P. M., to meet again in regular session on Tuesday, September 1976 at 7:30 o'clock P. M. ATTEST: / 444--- City Clerk APPROVED: / Mayor l Board of Directors Chamber Little Rock, Arkansas ' August 30, 1976 - 7:40 A. M. The Board of Directors of the City of Little Rock, Arkansas met in Special-Session with Waiver of Notice of the Special Meeting, signed by six Directors and showing Director A. M. Keith "contacted - refused to sign ", filed with the City Clerk. Presiding were Mayor George E,, Wimberly -and City Clerk Jane Czech, with the following Directors present: Directors Keith, Dailey, Linkous, Bussey and Hollingsworth - total 5; Absent - Director Young - total 1.. There being a quorum in attendance and it being so stated, Mayor Wimberly announced that the purpose of the Special Meeting was. "for the purpose of considering providing operating funds for Central Arkansas.Transit." Director Young was enrolled. After the announcement of the purpose of the meeting by Mayor Wimberly, a very lengthy discussion followed regarding the financial condition of Central Arkansas Transit, which had not been able to meet the $50,000 bi- weekly payroll on Friday, August 27, 1976. An attempt -had been made to secure a ' $461,000.00 loan from the four local banks, pending approval of the application for federal funds before the federal Urban Mass Transportation Administration, which is involved in a six -month review process. However, the requested loan from the banks has been unsuccessful, because they were opposed to lending money to CAT unless the three co- owners (Little Rock, North Little Rock and Pulaski County) make clear their allegiance to the system and stand beside their contract of ownership. After the discussion, Ordinance No. 13,190 was presented, entitled:_ AN ORDINANCE APPROPRIATING FUNDS AS A LOAN TO AND FOR OPERATING EXPENSES OF CENTRAL ARKANSAS TRANSIT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time to appropriate $50,000 as a loan for operating expenses of Central Arkansas Transit. At this point, Mayor Wimberly made a motion "to amend the Ordinance to appropriate $100,000." This motion failed for lack of a second. Director Hollingsworth then made a motion that the rules be suspended and the Ordinance be placed on second reading, which motion was seconded by Director Dailey. A roll call was had on the suspension of the rules with the results ' recorded as follows: Ayes - Directors Dailey, Linkous, Bussey, Hollingsworth and Young - total 5; Noes - Director Keith and Mayor Wimberly - total 2; Absent - None. The Ordinance was.therefore, read the second time and again, there was a motion by Director Young, seconded by Director Hollingsworth, to suspend the rules for the third and final reading of the Ordinance. When submitted to a roll call vote, the motion for suspension of the rules was adopted as herein described: Ayes - Directors Dailey, Linkous, Bussey, Hollingsworth and Young - total 5; Noes - Director Keith and Mayor Wimberly - total 2; Absent - None. The Ordinance was then read the third and last time, and the resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - Director Keith - total 1; Absent - None. The Emergency Clause contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - Director Keith - total 1; Absent - None. Therefore, the ' Ordinance, together with the Emergency Section was declared passed. Iry Y AUGUST 30. 1976. Cont'd. Next presented was Resolution No. 5,584, described as: A RESOLUTION PERTAINING TO METROPLAN'S GRANT APPLICATION TO THE FEDERAL GOVERNMENT FOR FUNDS TO BE USED IN THE OPERATION OF CENTRAL ARKANSAS TRANSIT; AND FOR OTHER PURPOSES; ' (Re: soliciting active support of Congressman Wilbur D. Mills, and Senators John L. McClellan and Dale Bumpers to encourage UMTA to expeditiously process grant application in the amount of $461,251.00 for CAT) with said Resolution being read in its entirety. At this time, there was a motion by Director Hollings- worth, seconded by Director Dailey, for adoption of the Resolution. The resulting roll call then provided for adoption of the Resolution as herein recorded: Ayes - Directors Keith, Dailey, Mayor- Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes None; Absent - None. Mayor Eddie Powell of North Little Rock was present at the meeting and assured the Board of Directors that "Little Rock is not having to fight this battle alone." He said North Little Rock would stand by its agreement. Further, "that more people should ride the buses and what we have today is not mass transportation." There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Hollingsworth, seconded by Director Keith, and by unanimous vote of the Board Members present, the Special Meeting was adjourned at 9:20 o'clock A. M., to meet again in ' regular session on Tuesday, September 7, 1976 at 7:30 o'clock P. M. 1 ATTEST: � l� APPROVED: City Clerk Mayor iii � �I 291 Board of Directors Chamber ' Little Rock, Arkansas. September 7, 1976 - 7:30 P. M. The Board of Directors of the,City of Little,Rock, Arkansas met'in regular session with Assistant Mayor Hollingsworth presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and'Young - total 5; Absent - Mayor Wimberly - total 1. It was announced that a quorum was in attendance, and the following is an accounting of the proceedings: The Invocation was given by Director Linkous. Present first was the Consent Agenda,,consisting of the following items: (a) The Minutes of the previous meeting held on August 17, 1976 and the Special Meeting held on August 30, 1976. (b) Resolution No. 5,585, entitled: - A RESOLUTION ACCEPTING THE REPORT OF PINNELL, ANDERSON, WILSHIRE AND ASSOCIATES,.INC. PERTAINING ' TO TRAFFIC SIGNAL IMPROVEMENT; AND FOR OTHER PURPOSES. By motion of Director Bussey, seconded by Director Keith, and a roll call vote with all members present voting Aye, the Consent Items were dispensed with as foZZows: (a) The minutes were approved as written and summarized to the Board of Directors; and (b) Resolution No. 5,585 was read and adopted. A motion was %then made by Director.Bussey, seconded by Director Dailey, that Items 6 and 10 be considered at this time instead of in their scheduled order of appearance on the Official Agenda. However, Director Linkous expressed his opposition to this procedure, stating that it would appear to be unfair to those citizens in attendance out of concern for items scheduled prior to these two items, and subsequently a vote was called for on Director Bussey's motion. The resulting roll call vote defeated the motion as follows: Ayes - Directors Keith, Dailey..4and Bussey - total 3; Noes - Directors Linkous, Hollingsworth and Young - total 3; Absent - Mayor Wimberly - total 1. The next presentation was Zoning Petition No. Z -3033, submitted by Joyce Kuykendall for the purpose of rezoning property located at 8515 and 8519 Geyer Springs Road, described as Lots 257 and 258 of the ' Windamere Subdivision to the City of Little Rock, Arkansas, from "E -1" Quiet Business District to "F" Commercial District, as approved by the Planning Commission. There was no one present to speak in opposition to the reclassification of the subject property; therefore, a proposed Ordinance, having been first read on August 17, 1976, was placed on second reading at this time. (See Ordinance No. 13,191, as follows) There was presented Ordinance No. 13,191, entitled: AN ORDINANCE RECLASSIFYING 8515 AND 8519 GEYER SPRINGS ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance then being read the second time. The rules were suspended at this time to allow for the third and final reading of the Ordinance by a motion made and seconded by Directors Bussey and Young, respectively, and unanimously adopted by the Board Members present, being six in number and two- . thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time, and the resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Linkous and Bussey, and Assistant Mayor Hollingsworth - total 5; Noes - Director Young - total 1; Absent - Mayor Wimberly - total 1. The Ordinance was declared passed. Mayor Wimberly was enrolled at this time. However, Assistant Mayor Hollingsworth continued to preside throughout the meeting. [VII SEPTEMBER 7. 1976. CONT'D. Again presented was Zoning Petition No. Z- 1859 -F from Rector - Phillips- Morse, Inc. requesting the rezoning of property located in the 1200 Block of North University Avenue, containing a lengthy legal description as shown on the Petition, from "MF 12" Multi- family District to "E -1" Quiet Business and "A" One- family Districts, as approved by the Planning Commission. Speaking on behalf of 55 families of this area, Attorney Larry Davis, who resides at 12 Gay Place, urged the Board to deny this zoning request. Mr. Davis stated that the property is bounded on three sides by single - family residences, that there has been no change of land use in this area and, therefore, no reason presently exists for reclassification of the property in question. Representing the Little Rock School Board, Mrs. Lucy Abraham contended that the requested rezoning would increase the traffic density by approximately 180 vehicles per day, thus creating additional traffic hazards to numerous students attending the several schools of the area, and she asked that the Board "consider the impact your decision will have on our children." A Resolution opposing the requested rezoning was read by Mrs. Pat Morrow, President of the PTA Council, who also alluded to increased traffic and requested that the Board defeat this zoning request. Mr. Joe Briscoe, President of the Little Rock Classroom Teachers Association, expressed concern about the pedestrian and vehicular traffic in the area and read a Petition from the teachers requesting that the Board deny the zoning request. There was no further discussion and a proposed Ordinance reclassifying this property was placed on second reading. (See Ordinance No. 13,192 as follows) Ordinance No. 13,192 was presented, described as: AN ORDINANCE RECLASSIFYING 1200 BLOCK NORTH UNIVERSITY AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; which Ordinance, having been read the first time on August 17, 1976, was then read the second time. A motion was made at this time by Director Young, seconded by Director Linkous, that the rules be suspend- ed to allow for the third and final reading of the Ordinance. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No vote taken on the passage of the Ordinance is described as follows: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous and Bussey - total 4; Noes - Director Keith, Assistant Mayor Hollingsworth and Director Young � total 3; Absent - None. Accordingly, it was announced that the Ordinance has been passed. Also presented again for consideration by the Board was Zoning Petition No. Z -3034, submitted by Moon Realty, Hastings Realty and H and M Realty for the purpose of rezoning approximately 70 acres bordered on the north by the 800 to 900 block of East Roosevelt Road, on the east by Barber Avenue, on the south by the C. R. I. & P. Railroad, and on the west by Interstate 30. This property was requested for reclassification from various districts to "I" Light Industrial District, and had received the approval of the Planning Commission. There was no one present to speak in opposition to the rezoning of this tract; therefore, a proposed Ordinance, having been first read on August 17, 1976, was placed on second reading. Then presented was Ordinance No. 13,193, containing the following title: AN ORDINANCE RECLASSIFYING 800 TO 900 BLOCK EAST ROOSEVELT ROAD (SOUTH SIDE) IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, followed by a motion by Director Bussey, seconded by Direc Dailey, for a suspension of the rules and the placing of the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in:.number and two - thirds or more of the.members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. An Aye and No vote was then taken on the passage of the Ordinance, which resulted 1293 SEPTEMBER 7, 1976, CONT'D. - - as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6; Noes - Assistant.Mayor Hollingsworth - total 1;" Absent - None. The Ordinance was declared ' passed. Subsequent to the foregoing item, Ordinance No. 13,194 was presented, with the title being:' AN ORDINANCE RECLASSIFYING BIDDLE SHOPS AREA IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (From Various Districts to "I" Light Industrial District) which Ordinance, having been read the first time on August 17, 1976, was then'read the second time. The rules were subsequently suspended and the Ordinance placed on its third and final reading by a motion from Director Bussey, seconded by Director Dailey, which was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance ensued; after which, there was an Aye and No vote taken on the passage of the Ordinance which received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Young - total 6;- Noes - Assistant Mayor Hollingsworth - total 1; Absent - None. It was then announced that the Ordinance had been passed. The next item presented was Zoning Petition No. Z- 1437 -A from Mrs.'John A. Parker requesting the ' rezoning of property located at 8701 West Markham Street, described on the Petition in lengthy legal terminology, from "A" One- family District to "F" Commercial District, as approved by the Planning Commission. As there was no one present to address to the issue, a proposed Ordinance reclassifying the subject property was placed on first reading. (See Ordinance No. 13,196, below) Ordinance No. 13,195 was presented, and entitled: AN ORDINANCE RECLASSIFYING 8701 WEST MARKHAM STREET IN THE CITY OF LITTLE ROCK; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES, and after a first reading of the Ordinance, there was a motion from Director Keith that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Director Bussey and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the"second reading of the Ordinance-followed. Mr. James Finch, Director of the Comprehensive Planning.Division, explained'that the structure located at this site is the'only residence between a drug store and a super market, and that there were no objectors when this matter was considered by the Planning Commission. A motion was then made by Director Keith, seconded by Director Dailey, for a suspension of the rules to provide for the third and final reading of the Ordinance at-this time. -The motion was adopted by unanimous vote of the'Board'Members present, being seven in "number- " and "two-thirds or more of the members of the Board of Directors-elect, and the third and last reading of the Ordinance "ensued. The question of the passage of the Ordinance was then submitted to an Aye -and No vote, which resulted as herein recorded: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - 'total 7; Noes - None; Absent - None. The Ordinance was declared passed. The next presentation was Resolution No. 5,586, described as: A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE MATTER OF REZONING 10500 WEST'MARKHAM STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Public Hearing designated for 7:30 o'clock P. M., October 5, 1976) with the Resolution being read in its entirety. There was a motion by Director Bussey, seconded by Director Dailey, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes Directors Keith and Dailey, Mayor Wimberly; Director Bussey, Assistant Mayor Hollingsworth and Director - Young - total 6; Noes - None; Abstaining - Director Linkous - total 1; Absent - None. Presented for consideration at this time was Ordinance No. 13,196, entitled: AN ORDINANCE ASSESSING THE VALUE OF'BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND WITHIN METROCENTRE IMPROVEMENT DISTRICT NO. 1LOF LITTLE ROCK, ARKANSAS; SEPTEMBER 7. 1976. CONT'd. (Estimated cost of improvements - $4,585,000) which Ordinance was then read the first -time. It was stated by the City Attorney that the Assessment List had been filed in the Office of the City Clerk, and notice of the filing had been duly published on August 19, 1976 and August 26, 1976. As the Metrocentre Plan includes the closing of Main Street to vehicular traffic between Fourth and Sixth Streets, Director Keith made a motion that approval of the Assessment be delayed for three months and that the street be closed in the specified area on a trial basis during that time, in order that the effect of the closing on the traffic pattern could be studied. The motion was seconded by Director Hollingsworth, but failed to be adopted when submitted to a roll call vote described as follows: Ayes - Director Keith - total 1; Noes - Director Dailey, Mayor Wimberly, Directors Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Absent - None. In the ensuing discussion, there were a number of speakers who voiced opposition to the Assess- ment, including the Reverend Rufus Womble, Rector of the Christ Episcopal Church at Fifth and Scott Streets; Attorney Phillip Ragsdale, representing the Scottish Rite Bodies; Attorney Paul Hoover, representing the Boyle Realty Company which owns the Boyle Building, the Hall Building and the Hall Building Annex; Mr. Phillip Back, owner of the Five Main Place Building; and Mr. Edward Back, owner of property at 505 Main Street. Reverend Womble contended that the Metrocentre Plan had been devised for the benefit of the downtown merchants and would create a hardship on the church, both financially and ' from a standpoint of the traffic which would be shifted from Main Street to Scott Street. Reverend, Womble further stated that Christ Church would in essence be forced to pay for a plan which would create disadvantages and hardships for it, and that this would be a violation of its constitutional rights, which action would not be tolerated by the courts. Attorney Ragsdale called attention to the protest he filed with the City Clerk on behalf of the,Scottish Rite Bodies. Attorney Paul Hoover contended that his clients do not oppose the revitalization of downtown Little Rock, but are concerned that there will be no street access to the Boyle Building; and he proposed that approval of the Assessment be postponed for thirty days in order that the Assessors might meet with the property - owners and investigate the amount each will profit from the plan. Mr. Phillip Back maintained that his levy over the life of the District would equal three - fourths of the amount he paid for his building. Mr. Edward Back called attention to the written protest he had filed with the City Clerk, and pointed out that his assessment is in excess of that of the adjacent Walgreen Drug Store property which is situated on a corner lot. Speaking in favor of the Plan, Mr. Edward M. Penick, Chairman of the Metrocentre Commission and Chief Executive Officer of the Worthen Bank and Trust Company at 200 West Capitol Avenue, stated that the Plan was an attempt.to save the $120,000,000 investment of downtown business entities. Pointing out the various business establishments that had failed to succeed in the downtown area, Mr. Penick maintained that the Metrocentre project had been conceived as an attempt to reverse this trend; and he urged the Board to approve the Assessment list that had been submitted, adding that new assessments would be made from year to year based on improvements and new occupancies. Following the discussion, there was a motion by Director Young, seconded by Director Bussey, that the rules be suspended to allow for the second reading of the Ordinance. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance was accomplished. The rules were again suspended at this time and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Bussey and Young, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. An Aye and No vote was then taken on the passage-of the Ordinance, with the resulting vote recorded as follows: Ayes - Directors Keith ' and Dailey, Mayor Wimberly, Directors Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 7; Noes - None;- Absent None. The Ordinance was declared passed. X29 SEPTEMBER 7, 1976, CONVD. Mayor Wimberly was excused at this time. Introduced at this time was Ordinance No. 13,197, containing the following title: . AN ORDINANCE APPROPRIATING $26,851.00 TO THE HIGH STREET URBAN RENEWAL PROJECT; AND FOR OTHER PURPOSES; (Funds forwarded to City by Little Rock Housing Authority for close -out of ARK A -9 Neighborhood Develop- ment Program) and there was,a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Bussey, seconded by Director Linkous, which was unanimous) adopted by the Board Members present, being six in number and two - thirds or more-of the members of the Board of Directors - elect. There was a second reading of the Ordinance, and a subsequent motion -again made and seconded by Directors Bussey and Linkous, respectively, for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of. Directors - elect; and the Ordinance was then read the third and last time. The ensuing Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None; Absent .- Mayor Wimberly - total 1. There was presented Ordinance No. 13,198, described as: AN ORDINANCE AWARDING CONTRACTS FOR THE PURCHASE OF MATERIALS FOR METAL BUILDING ADDITIONS TO CITY MATERIAL YARD; REPAIRS TO TWO FIRE TRUCKS; RENEWAL OF COMPUTER MAINTENANCE CONTRACT; MAINTENANCE OF FM RADIO EQUIPMENT AND COMMUNICATION PROCESSING EQUIPMENT; LEASE OF LANDFILL HEAVY EQUIPMENT; ADDITIONAL SIDEWALK; CURB AND GUTTER CONSTRUCTION AT WAR MEMORIAL AND MacARTHUR PARKS; APPROPRIATING FUNDS; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT;.AND FOR OTHER PURPOSES; with said Ordinance being read the first time. A motion then followed from Director Keith, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on its second reading; which motion was unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, an ensuing motion was made by Director Keith, and seconded by Director Bussey, that the rules again be suspended and the Ordinance placed on its third and final reading. The motion received unanimous adoption by the Board Members present, being six in number and twosthirds or more of the members of the Board of Directors elect, and the Ordinance was then read the third and.last time. An Aye and No vote taken on the passage of the Ordinance at this time resulted as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young.- total 6; Noes - None; Absent - Mayor Wimberly - total 1. Accordingly, the Ordinance was declared passed. Director Linkous was excused at this time. Considered at this time was.Ordinance No. 13,199, entitled: AN ORDINANCE AMENDING SUBSECTION 4 OF SECTION 43 -2 OF THE CODE OF ORDINANCES PERTAINING TO THE BOARD OF ADJUSTMENT BY ADDING A SUBSECTION (m) THERETO; AND FOR OTHER PURPOSES; which Ordinance, having been read the first time on July 6, 1976, was then read the second time. The rules were then suspended to allow for the third and final reading of the Ordinance, by a motion made by Director Young, seconded by Director Dailey, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect.' There was a third' and final reading of the Ordinance, followed by an Aye and No vote taken on the passage of the Ordinance which resulted as herein described: Ayes - Directors Keith, Dailey and Bussey, Assistant Mayor Hollings- worth and Director Young - total 5; Noes - None; Absent.- Mayor Wimberly and Director Linkous - total 2. i It was announced that,the Ordinance had been passed. Director Linkous was re- enrolled. i C SEPTEMBER 7, 1976, CONT'D. A lengthy discussion centered at this time upon the recommendations for the Comprehensive Employment Training Act (CETA) Programs for the fiscal year 1977. The first speaker was Mrs. .Gwendolyn Floyd, who discussed the reasons for the economically disadvantaged, and urged continuation of the.Special Manpower Services Program administered by the Urban League, which had been recommended for termination. Mr. Howa Love, Director of the Urban League, contended that the program had been successful and was worthy of support; and he pointed to the fact that 383 persons had been trained under the program at a cost of $210 per person. Mr. Jim Reeves, of the Employment Security Division, maintained that the ESD has the expertise to continue to share with the State Board of Vocational Education the operation of the Skills Center, which component is recommended for implementation in 1977 under a single contract to the State Board of Vocational Education. It was stated by Mr. Reeves that the cost for training and job placement under this program is $734 per person. Director Bussey at this time outlined the CETA operation and discussed the mechanics of this program. At this time, Mr. Glynn McCalman, Director of the Central Arkansas Manpower Area Planning Council, which administers the CETA Program for the City of Little Rock, discussed the recommendations of his organization for the 1977 CETA component programs, urged the Board to accept these recommendations, and contended that although the allocation for 1977 would be less, the results are expected to exceed that of previous years. Mr. McCalman added that in the program emphasis is placed upon training components rather than placement of individuals. The Board discussed at some length with Mr. McCalman the success of the various program components from a standpoint of the ratio of positive and non positive terminations of persons involved in the programs. When questioned about the length of the program, City Manager Carleton McMullin advised that the CETA program would be funded until September 30, 1977. Director Linkous then announced that he would abstain from voting on any recommendations until such time as he could obtain more information to study the program and visit vario component agencies under the program. Other Board Members concurred with Director Linkous' viewpoint on this matter; "therefore, no action was taken and the subject was left on the caZendar for further consideration at zhe meeting of September 21, 1976." Resolution No. 5,587 was presented, with the title being: A RESOLUTION AUTHORIZING AND ACCEPTING A LEASE OF CERTAIN LAND AND WATER AREAS (MURRAY PARK) FROM THE DEPARTMENT OF THE ARMY OF THE UNITED STATES OF AMERICA;,AND FOR OTHER PURPOSES; which Resolution was read in its entirety. A motion by Director Linkous, seconded-by Director Dailey, resulted in a roll call vote which adopted the Resolution as herein described: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. The final item of the Official Agenda was presented at this time, being Resolution No. 5,588, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE MANPOWER AREA PLANNING COUNCIL; (Appointment of Mrs. Jeane Lambie to a one year term commencing September 30, 1976) with the Resolution being read in full and thereafter adopted upon motion of Director Linkous, seconded by Director Dailey, and the following roll call vote:. Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Bussey, seconded by Director Keith, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:00 o'clock P. M., to meet again in regular session on Tuesday, September 21, 1976 at 7:30 o'clock P. M. ATTEST : APPROVED: City Clerk Assistant Mayor 297 Board of Directors Chamber. Little Rock, Arkansas September 21, 1976 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Assistant Mayor- Hollingsworth presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Dailey, Linkous, Bussey and -Young - total 5; Absent - Mayor Wimberly - total 1. It was announced that a quorum was in attendance, and the meeting then proceeded as herein described: The Invocation was given by Director Keith. The first presentation" was the Consent Agenda, consisting of the following items: (a) The minutes of the previous meeting held on September 7, 1976. (b) The Comparative Statement of.Income Account of the Little.Rock Municipal Water Works for the month of July, 1976. (c) Resolution No. 5,589, entitled: A RESOLUTION AWARDING CONTRACTS FOR STORM DRAINAGE CONSTRUCTION; LEASE OF ' DICTATING AND TEXT EDITING EQUIPMENT; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (d) Resolution No. 5,590, entitled: A RESOLUTION AWARDING A CONTRACT FOR CONCRETE SIDEWALK IMPROVEMENTS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. By a motion from Director Linkous, seconded by Director Dailey, which was adopted by unanimous vote of the Board members present, the Consent Agenda was dispensed with as follows: (a) The minutes of the previous meeting were approved as written and summarized to the members of the Board of Directors; (b) The Comparative Statement was received and filed; and (c & d) Resolutions No. 5,589 and 5,590 were read in full and adopted. The following Zoning Petitions, as approved.by the Planning Commission, were then presented: Z- 3001 -A - From St. Vincent Infirmary by Mr. Paul Stanfield, Agent, to rezone property located on the southeast corner of Markham Street and University Avenue (See Petition for lengthy legal description) from "B" Residence District to "E -1" Quiet Business District. Z -3050 - From B & D Corporation to rezone property located at 6200 Baseline Road, described as the south 400 feet of the,east half of Tract 9, Arnold's Highland Acres in the City of Little Rock, Arkansas, from "A" One- family District to "F" Commercial District. There was no opposition presented to the proposed rezoning of the above - described properties; therefore, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,200, as follows) Ordinance No. 13,200 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the membe s ' of the Board of Directors - elect. The Ordinance was read the second time; after which there was a sub- sequent motion, again made and seconded by Directors Linkous and Dailey, respectively, for a suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was adopted.by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and there was a third and last reading of the.Ordinance. The I SEPTEMBER 21, 1976, Cont'd. resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Linkous and Hussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. The Ordinance was declared PASSED. The next presentation was Zoning Petition No. Z -3051 from the John A. Horton Estate requesting the rezoning of property located at 3412 Mabelvale Pike, described as Lots 3 and 4 of Block 7, Ruebel and Leymer's Addition to the City of Little Rock, Arkansas, from "B" Residence District to "F" Commercial District, as approved by the Planning Commission. There was no opposition presented to the rezoning Petition; therefore, an Ordinance to reclassify the subject property was placed on first reading. (See Ordinance No. 13,201, below) Presented at this time was Ordinance No. 13,201, entitled: AN ORDINANCE RECLASSIFYING 3412 MABELVALE PIKE IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Dailey and seconded by Director Linkous that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was then made by Director Dailey, seconded by Director Bussey, for a further ' suspension of the rules to provide for the third and final reading of the Ordinance at this time. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time. The resulting Aye and No vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6 Noes - None; Absent - Mayor Wimberly - total 1. There was an announcement that the Ordinance had been PASSED. Zoning Petition No. Z -3053 of the James Realty Company was considered at this time.. The request contained in the Petition was for the rezoning of property located in the 3400 block of Anna Street, containing a lengthy legal description as shown on the Petition, from "B" Residence District to "F" Commercial District, as approved by the Planning Commission. As there was no opposition presented to the zoning request, an Ordinance reclassifying this property was placed on first reading. (See Ordinance No. 13,202, as follows) Ordinance No. 13,202 was presented, with the title being: AN ORDINANCE RECLASSIFYING 3400 BLOCK OF ANNA STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and after the first reading, there was a motion by Director Linkous that the rules be suspended and the Ordinance be-placed on its second reading. The motion was seconded by Director Bussey, unanimously adopted by the Board Members present being six in number and two thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was then made by Director Dailey,'7seconded by Director Linkous, that the.rules again be suspended to allow for the third and final reading of the Ordinance at this time, which motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Director "- elect. The resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. It was announced that the Ordinance had PASSED. ' The next item presented, a proposed Ordinance, contained the following title: AN ORDINANCE ESTABEISHING PERMIT FEE SCHEDULES FOR BUILDING, ELECTRICAL, PLUMBING AND RELATED WORK PERFORMED IN THE CITY OF LITTLE ROCK; REPEALING ALL TECHNICAL CODE, ORDINANCE AND CODE OF ORDINANCE PROVISIONS IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES: 299 SEPTEMBER 21, 1976, Cont'd. i with said Ordinance being read the first time. A motion by Director Bussey, seconded by Director Young, for a suspension of the rules to place.the Ordinance on its second reading, was subsequently submitted to a roll call vote at the request of Director Dailey, and resulted as herein described: Ayes - Directors Keith, Bussey and Young - total 3; Noes - Directors Dailey and Linkous, and Assistant Mayor Hollings - woth - total 3; Absent- Mayor Wimberly - total 1. Accordingly, it was announced that the motion had failed, and the Ordinance would therefore remain on the calendar for second reading on October 5, 1976. Presented for consideration at this time was a proposed Ordinance, entitled: AN ORDINANCE'AUTHORIZING AND APPROVING A BUDGET TRANSFER IN CERTAIN 1976 BUDGET ACCOUNTS; AND FOR OTHER PURPOSES; (Transfer of $60,000 from Protective Inspections to Police Patrol,Salaries) however, there was a motion from Director Young, seconded by Director Bussey, that this item be removed from the Agenda. The motion, when submitted to a roll call, failed to be adopted; as herein described: Ayes - Directors Linkous, Bussey and Young - total 3; Noes - Directors Keith and Dailey, and Assistant Mayor Hollingsworth - total 3; Absent - Mayor Wimberly - total 1. The Ordinance was then read the first time, followed by a motion from Director Linkous, seconded by Director Young',' for a suspension of the rules and the placing of the Ordinance on.its second reading. The.resulting roll call vote received the, following response: Ayes - Director Young - total l; Noes - Directors Keith, Dailey, Linkous and Bussey, and Assistant Mayor Hollingsworth - total 5; Absent - Mayor Wimberly - total 1. Ordinance No. 13,203 was introduced, with the title being: AN ORDINANCE AWARDING A CONTRACT FOR SOLID WASTE DISPOSAL; WAIVING COMPETITIVE BIDDING; APPROPRIATIN FUNDS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; ($72,000 appropriated to defray contract cost 'through June 30, 1977; at which time new City Landfill is scheduled to open). and the Ordinance was read the first time. A motion by Director Young, seconded by Director Linkous, called for a suspension of the rules and the placing of the Ordinance on its second reading; which motion was unanimously adopted by the''•Board Members present; being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, and an ensuing i motion from Director Linkous,- seconded by Director Young,-for a further suspension -of the rules to allow for the third and final reading of the Ordinance at this time.' The motion was adopted by unanimous vote, of the Board Members present; being six in number and two - thirds or more of the members of the Board of Directors - elect; and the third and last reading of the Ordinance followed. The,question of the passage of the Ordinance was then submitted to an Aye and No roll call-vote-which resulted as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. It was announced that the Ordinance had been PASSED. At this time, a lengthy discussion centered upoir a proposed Ordinance replacing the City Beautiful Commission with a "Visual Environment Commission" consisting of a limited membership. Mr. James B. Conner, Chairman of the City Beautiful Commission,-was present and offered comments at various points during the discussion. Five amendments to the Ordinance were proposed and are described as follows: Motion No. 1.' By Director Bussey,' seconded by Director Young; "that the Ordinance be amended to provide that two members of the Commission shaZZ be chosen from any of the foZZoving professions: (a) ProfessionaZ CiviZ Engineer; (b) Professional Urban PZanner: (c) Registered Architect; and (d) Registered Landscape Architect." The motion was ADOPTED as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. Motion No. 2. By Director Dailey, seconded by Director Linkous, "to delete a eZause in the proposed Ordinance describing one of the duties of the Commission as 'to serve in an advisory capacity to aZZ departments and agencies of the City sharing' SEPTEMBER 21. 1976. Cont'd. mutual interest'." The motion, when submitted to a roll call vote was ADOPTED as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, and Assistant Mayor Hollingsworth - total 5; Noes - Director Young - total 1; Absent - Mayor Wimberly - total 1. Motion No. 3. By Director Keith, seconded by Director Linkous, "to delete the word 'private' from a section within the proposed Ordinance stating 'To establish, subject to the approval of the Board of Directors, regulations of aesthetic quality for public and private Zands and improvements'. " - When submitted ^.to a`roll call vote, the motion FAILED to be adopted as herein described: Ayes - Directors Keith and Linkous - total 2; Noes - Directors Dailey and Bussey, Assistant Mayor Hollings- worth, and Director Young - total 4; Absent - Mayor Wimberly - total 1. Motion No. 4. By Director Linkous, seconded by Director Keith, "To include a section stating 'This Ordinance shall not in any manner supersede the authority or duties of any other commission, board or agency duly established by Ordinances or Resolutions of the Board of Directors and shaZZ not in any manner be interpreted to interfere with such duties that have been established by such Ordinances or Resolutions of any such commission, board or agency'." The motion was ADOPTED as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth and Director Young -. total 6; Noes - None; Absent - Mayor Wimberly - total 1. Motion No. 5. By Director Dailey, seconded by Director Keith, "That the Ordinance be amended to retain the name 'City Beautiful Commission'." A roll call vote ADOPTED the motion as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth,,and Director Young.- total 6; Noes - None; Absent - Mayor Wimberly - total 1. Ordinance No. 13,204, amended as described in the foregoing discussion, was then presented and described as: AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 26 OF THE LITTLE ROCK CODE OF ORDINANCES AND ABOLISHING THE CITY BEAUTIFUL COMMISSION AS NOW CONSTITUTED, CREATING THE CITY BEAUTIFUL COMMISSION OF LITTLE ROCK, ARKANSAS; PROVIDING FOR THE TERM FOR SAID COMMISSION MEMBERS; PROVIDING FOR DUTIES AND AUTHORITY OF SAID COMMISSION; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. City Manager Carleton McMullin commented at this time that "what you are about to vote on is far superior to what we now have; the,Commission (as it presently exists) has had great difficulty functioning with a meaningful purpose." A motion was made at this time by Director Bussey, seconded by Director Young, for a suspension of the rules and the placing of the Ordinance on its second reading; which motion was unanimously adopted by the Board Members present, bein six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion from Director Linkous, seconded by Director Dailey, that the rules again be suspended to provide for the third and final reading of the Ordinance at this time.' The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the third and last time. The resulting roll call vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollings- , worth, and Director Young- total 6; Noes - None; Absent - Mayor Wimberly - total 1. The Ordinance was declared PASSED. and Dailey _- ,total 2;. Noes - Director, Linkous,, Assistant-Mayor Hollingsworth-and Director Young.- total Abstaining - Director Bussey - .total :1; Absent - Mayor-Wimberly - total-l. Director.Linkous':motion failed to be adopted when submitted to a roll call vote which received the..following response:.-Ayes - Director Linkous,,,Assistant Mayor Hollingsworth and Director Youtig ,- :total 3; Noes - Directors Keith and Dailey - total 2; Abstaining - Director Bussey - total 1;• Absent- Mayor Wimberly - total 1. Fai to reach a decision, the subject was .pursued further in an effort to resolve the.issue so -that the recommendations could be submitted within the•federal time.frame: Director Keith expressed the opinion that a gradual phase -out of the Urban League program would be preferable to a one -year phase -out; while Director Linkous suggested,eliminating the outlying counties from.the program and dealing -only with Pulaski County would provide a way for the $85,000 budget for 1977 to be reduced.. Mr.- Howard Love, . Director of the Urban League, maintained that.his agency could not comply with•CETA guidelines if,the program is cut in half, adding that "we would be programmed for failure." When asked by_City Manager Carleton McMullin if the program could operate successfully.on $68•,000 by- eliminating all counties exce Pulaski, Mr. Love responded that,he felt the program would..require $75,000 to succeed.. Following an opinion stated. by Director Linkous - that, in a budget of $3;000,000, $86,000 is not an unreasonable amou for a. program; Director Dailey responded that in his opinion $85;000• is still a viable amount, however, he would be willing to concede to a. reduced. amount in -an, effort to•resolve -the issue.: A motion then .: followed from Director Keith, seconded by Director Dailey-, "that the Resolution be amended,to provide for -funding of the .Special - Manpower.. Services, Program in Pulaski County, only ;radministered • by the Urban League,,in the amount of $68,000;;for a one -year probationary period; with -the.funds to be from the Out- of- SchooZ Work Experience Program. " - The - motion was then ADOPTED by the following roll call vote:_ SEPTEMBER 21, 1976, Cont'd.'. .Presented for consideration at this -time was Resolution No. 5,591, entitled: A RESOLUTION GRANTING A FRANCHISE TO'STEPHENS, INCORPORATED TO CONSTRUCT A SECOND 'FLOOR LEVEL CORRIDOR BETWEEN THE STEPHENS BUILDING LOCATED AT EAST CAPITOL AND MAIN STREETS AND THE BUILDING ' IMMEDIATELY WEST ACROSS THE PUBLIC OWNED ALLEY;' AND FOR OTHER PURPOSES;' and there was a compete reading of the Resolution. A motion by Director Linkous, seconded by Director Young, resulted in a roll call vote whereby the Resolution was adopted,as follows: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director.'Young - total 6; Noes - None; Absent - Mayor Wimberly - total 1. The subject of recommendations for the Comprehensive Employment'Training Act (CETA) Programs for the fiscal year 1977, deferred from the meeting of September 7, 1976, was again presented for considerat: The discussion which ensued was prefaced by a motion from Director Keith "that the Special Manpower Services component, administered by the Urban League, be funded for 50% of the requested amount of $85,000 in 1977, half that amount the following year,-and subsequently phased out ". The motion was seconded by Director Dailey; after which, Mr. Glynn McCalman, Director of the Manpower Area Planning Council, recommended that funds for this component be provided ltiy reducing the Out -of- School Work Experience Program in the necessary amount. Director Keith then amended his motion to specify that such funds be provided from this source,-and' the motion was again seconded by Director'Dailey: An alternate motion was then presented by Director Linkous, seconded by Director Young, "that the Urban League component-be-funded in the requested amount of $85,000, through a transfer of a portion of the funds designated for the - but -of- School Work Experience Program,_on•a one -year probationary basis; and that this program be monitored and adjusted within the total concept of the CETA,Program, and at the end of that time be reconsidered by the Board on the basis of its merit and_.productivity during that period." Director Young contended that complete termination of a program or relative short notice where obligatio had been incurred, as had previously been proposed for the Special Manpower Services,.would cause seriou harm to a very valuable agency;- and he added that to reduce by half the operating funds of such an agent would seriously hamper its output and ability to function effectively. Director Keith's motion was then submitted to a roll call vote, but failed to be adopted as, herein recorded: Ayes - Directors Keith and Dailey _- ,total 2;. Noes - Director, Linkous,, Assistant-Mayor Hollingsworth-and Director Young.- total Abstaining - Director Bussey - .total :1; Absent - Mayor-Wimberly - total-l. Director.Linkous':motion failed to be adopted when submitted to a roll call vote which received the..following response:.-Ayes - Director Linkous,,,Assistant Mayor Hollingsworth and Director Youtig ,- :total 3; Noes - Directors Keith and Dailey - total 2; Abstaining - Director Bussey - total 1;• Absent- Mayor Wimberly - total 1. Fai to reach a decision, the subject was .pursued further in an effort to resolve the.issue so -that the recommendations could be submitted within the•federal time.frame: Director Keith expressed the opinion that a gradual phase -out of the Urban League program would be preferable to a one -year phase -out; while Director Linkous suggested,eliminating the outlying counties from.the program and dealing -only with Pulaski County would provide a way for the $85,000 budget for 1977 to be reduced.. Mr.- Howard Love, . Director of the Urban League, maintained that.his agency could not comply with•CETA guidelines if,the program is cut in half, adding that "we would be programmed for failure." When asked by_City Manager Carleton McMullin if the program could operate successfully.on $68•,000 by- eliminating all counties exce Pulaski, Mr. Love responded that,he felt the program would..require $75,000 to succeed.. Following an opinion stated. by Director Linkous - that, in a budget of $3;000,000, $86,000 is not an unreasonable amou for a. program; Director Dailey responded that in his opinion $85;000• is still a viable amount, however, he would be willing to concede to a. reduced. amount in -an, effort to•resolve -the issue.: A motion then .: followed from Director Keith, seconded by Director Dailey-, "that the Resolution be amended,to provide for -funding of the .Special - Manpower.. Services, Program in Pulaski County, only ;radministered • by the Urban League,,in the amount of $68,000;;for a one -year probationary period; with -the.funds to be from the Out- of- SchooZ Work Experience Program. " - The - motion was then ADOPTED by the following roll call vote:_ 3021 SEPTEMBER 21 1976 Cont'd. Ayes - Directors Keith „Dailey and Linkous, Assistant Mayor Hollingsworth and Director Young - total 5; Noes - None; Abstaining - Director Bussey - ._total 1; Absent - Mayor Wimberly - total 1.. (See Resolution No. 5,592, as_ follows) Resolution No. 5,592, amended as described in the preceding discussion, was presented at this , time, with the title being: A RESOLUTION APPROVING AND ACCEPTING THE RECOMMENDATIONS OF THE CENTRAL ARKANSAS CETA PLANNING COUNCIL FOR TITLE I PROGRAM FOR THE FISCAL YEAR 1977; AND FOR OTHER PURPOSES; , with there being a complete reading of the Resolution. A motion was made by Director Keith, seconded by Director Dailey, for adoption of the Resolution. The ensuing roll call vote then adopted the Reso- lution as herein described: Ayes - Directors Keith, Dailey and Linkous, Assistant Mayor Hollingsworth, and Director Young - total 5; Noes - None; Abstaining - Director Bussey - total 1; Absent - Mayor Wimberly - total 1. Next presented.was Resolution No. 5,593, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AND FILE APPLICATION WITH THE BUREAU OF OUTDOOR i RECREATION OF THE UNITED STATES DEPARTMENT OF INTERIOR FOR A GRANT OF FUNDS TO BE USED FOR THE DEVELOP- MENT OF PUBLIC PARK LANDS; AND FOR OTHER PURPOSES; (for development of park at 12th and Cleveland in University Park South) which Resolution was read in full and subsequently adopted upon motion of Director Keith, seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith, Dailey, Linkous and Bussey, Assistant Mayor Hollingsworth, and Director Young - total 6; Noes - None; Absent - Mayor Wimberly'-. total 1. Director Bussey was excused at this time. Introduced at this time was a proposed Resolution; described as: A RESOLUTION DECLARING IT TO BE THE INTENT OF THE CITY OF LITTLE ROCK TO WITHDRAW ITS SUPPORT OF THE CENTRAL ARKANSAS TRANSIT SYSTEM AND TO ESTABLISH ALTERNATIVE METHODS OF TRANSPORTING THOSE CITIZENS DEPENDENT UPON MASS TRANSIT; and the Resolution was.read in its entirety.- A recommendation was made by Director Keith at this time that consideration be given to placing the issue of a $5.00 vehicle tax on the November ballot, the proceeds of which would be designated for the operating costs of the Central Arkansas Transit System. However, there was no further discussion pertaining to this matter, and a motion was made and seconded by Directors Keith and Dailey, respects vely, for adoption of the Resolution. The ensuing roll call vote , then resulted in the defeat of the Resolution as follows: Ayes - Director Keith - total l; Noes - Directors Dailey and Linkous, Assistant Mayor Hollingsworth, and Director Young - total 4; Absent - i Mayor Wimberly and Director Bussey - total 2. There was presented Resolution No. 5,594, with the title being: A RESOLUTION REQUESTING THE LITTLE ROCK HOUSING AUTHORITY TO DELAY DEMOLITION OF THE TENENBAUM BUILDING; AND FOR OTHER PURPOSES; (Demolition delayed for 90 -day period) and there was a full reading of the Resolution, followed by a lengthy discussion. Mr. H. Clay Moore; I attorney for Mr. Edwin Cromwell, an architect who heads a local group interested in restoring the building, spoke first, stating that his purpose was to provide information and request the Board "to take the affirmative action of delaying the demolition of this building." He stated that the building and land are owned by the Little Rock Housing Authority, which has the legal authority to demolish the building and subsequently dedicate the green area to the City for development as a park. Arguing that ' a downtown park could eventually evolve into a crime area, as well as deprive the City of a tax source, Mr. Moore urged as an alternative that the Tenenbaum Building be considered for development by private investors into a consortium which could become "a hub of activity and entertainment." He then asked that the Board of Directors delay the demolition of this building.•.for 120 days to allow for a I SEPTEMBER 21, 1976, Cont'd. feasibility study. Mr. Edwin Cromwell then presented slide pictures of the building, the river. area behind the building which is the site of the "little rock" for which the City is named,'and similar buildings in other cities which have been successfully restored and developed in a similar manner. Calling attention to the historical and architectural qualities of t$e building, Mr. Cromwell pointed out that this building has been nominated to the Federal Register of.Historical Buildings and its development could contribute to the success of the downtown Metrocentre Project. Describing the "complex situation" existing on this issue, Executive Director Cliff Giles of .the Little Rock Housing_ Authority stated that the Tenenbaum Building could be deeded to the City conditional upon the City's assurance that it would be restored and maintained in perpetuity. Calling attention to the time factor, Mr. Giles explained that the demolition contract obtained for this building, the adjacent Cold Storage Building and Pruitt Hide Building in the amount of- $37,77 T, would most,likely escalate during a delay. ..1111111 members present. A request was made at this time by Director Linkous that the Ambulance Ordinance and an item pertaining to the Transit Policy Board be placed on the calendar for consideration at the next meeting. L/ period. Also, Mr. Giles pointed out that demolition of these buildings would take - approximately nine months, and a delay might extend the demolition period beyond July, 1977, the termination month for all Urban Renewal projects which include this property. Mr. -Giles requested that the Housing Authority be involved in the selection of a planning consultant, and'that the City provide liability insurance for the length of.any delay period. It was stated by Mr. Giles that an extension of the Urban Renewal Program would be unlikely, due to,current, emphasis by the .Department of Housing and Urban Development (HUD) in closing out this program and converting" the funds to the Community Development Block Grant Program. He advised that although HUD could give the Tenenbaum Building to the City, the current fair market price would have to be asked of the City for the two remaining buildings, adding that the buildin had been obtained by the Housing Authority at an approximate cost of $500,000. City Manager Carleton McMullin requested that the City have some input into a feasibility study, should one be conducted, and pointed out that the City's budget for 1977 would be as limited as the current one. Responding to a motion from Director Keith for immediate demolition of the Pruitt Hide Building, with a decision on the remaining two buildings to be deferred until the next meeting, Mr. Giles cautioned that the removal of two buildings from the demolition contract -would greatly escalate their demolition costs at a later date. Failing to receive a second, Director Keith's motion was,therefore not considered. A motion was then made by Director Young`that the Resolution provide that demolition of the Tenenbaum Building, the Cold Storage Building, and the Pruitt Hide Building be deZaged for a 90 -day period. ". The motion was seconded by Director Keith and resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith and Dailey, Assistant Mayor HollingswortlO,,.and Director Young - total 4`; Noes - Director Linkous - total l; Absent- Mayor Wimberly and Director Bussey - total 2. Reporting on the traffic study -and recent.change in the traffic pattern on Clapboard Hill R'(ad and Gunpowder Road between Charterhouse and Millbrook Roads, Traffic Director Ernie Peters recommended `6h`t the speed limit in this area be raised from 20 to 25 miles per hour. Mr..Peters- advised that the costs involved in connecting Breckenridge and Millbrook Roads would be "unrealistic ", involving the acquisitio of three houses. However, he added that an alternative would be to connect Old Forge Road with Reservoi Road, which would be within the Master Street Plan at much less expense, possibly in the area of $110,000, and involving no substantial property acquisition. A motion was then made by Director Dailey, seconded by Director Keith "that.the "Staff's recommendation to raise the.speed limit to 25 miles per hour in this area be approved." The motion was subsequently ADOPTED by unanimous vote of the Board ..1111111 members present. A request was made at this time by Director Linkous that the Ambulance Ordinance and an item pertaining to the Transit Policy Board be placed on the calendar for consideration at the next meeting. L/ SEPTEMBER 21, 1976, Cont'd. There being no further business to be presented or to come before the Board of Directors, upon, motion of Director Linkous, seconded by Director Keith,:and by unanimous vote,of the- Board_Members -. ., present, the meeting was adjourned -at '10:30 o'clock-P. M., to meet again, in regular session on.Tuesday, October 5, 1976 at 7:30 o!ciock P. M. ATTEST: APPROVED: pJU. l City Clerk Assistant Mayor d 305 Board of Directors Chamber I Little Rock, Arkansas October 5, 1976 - 7:30 P. M.. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Dailey, Linkous and Hussey - total 4; Absent - Directors Hollingsworth and Young - total 2. It was announced that there was a quorum present, and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Linkous. - Presented first from the Official Agenda were the Consent Items, consisting of the following: (a) The Minutes of the.previous meeting held on September 21, 1976. i (b) A Comparative Statement of Income Account of the Little Rock Municipal Water Works for i the month of August, 1976. (c) Resolution No. 5,595, entitled: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF COMPUTER TERMINALS AND PRINTERS; ' AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (d) Resolution No. 5,596, entitled: A RESOLUTION EXTENDING THE CONTRACT PREVIOUSLY AWARDED TO ALLOW FOR COMPLETION OF THE CITY HALL PROJECT FOR THE HANDICAPPED; AND FOR OTHER PURPOSES. By a motion from Director Linkous, seconded by Director Dailey, with all members present voting Aye, the Consent Items were dispensed with as follows: (a) The minutes were approved as written and summarized to the members of the Board of Directors; (b) The Comparative Statement was received and fiZed; (c & d) Resolutions No. 5,595 and 5,596 were read in full and adopted, 5 -0. Director Hollingsworth was enrolled at this time. At the request of the Board of Directors of the City of Little Rock, Arkansas, Zoning Petition No. Z- 1894 -B was again presented for consideration, having been approved by the Planning Commission on May 6, 1976, and previously considered and denied by the Board of Directors on June 15, 1976. This Petition, submitted by C. J. Cropper of the L and L Realty Company, requested rezoning. from "ME 24" Multi- family District to "E -1" Quiet Business and "F" Commercial Districts of.property owned by the Central Baptist Church at 10500 West Markham Street. A Public Hearing had been designated for this tim P e and place, notice of which had been published on September.15, 1976. In addition, individual notices of the hearing were sent by the City Clerk to property owners in the area, with receipts for such notices subsequently received and filed in the office of the City Clerk. The Public Hearing was declare open, and Director Linkous then announced that.he would not participate in the discussion and would abstain from voting on this issue due to a conflict of interests. Mr. C. J. Cropper, the Petitioner, then displayed a sketch of the subject property and the surrounding area, advising that the owner would be amenable,to a.compromise.allowing for a 10 -foot buffer strip along the north boundary of Lot 42, on which a six -foot cedar fence would be installed and an assurance granted that this area would not be used for vehicular parking. An opposing delegation of approximately 25 persons was represented by Mr. Don Dutcher, who took . issue with the Petitioner regarding the 10 -foot buffer strip by stating that this could not be considered,a concession as the buffer provision is required by the City in all zoning ' cases such as this. Charging "undue harassment'. of the residents.of -this area, Mr. Dutcher questioned,, the authority by which this zoning case.was again placed on the Agenda, after having been recently i considered and denied by the Board. .He.stated that there had been no change in the plan or circumstance involved and, therefore, no reason existed for again bringing this before the Board., Mayor Wimberly III responded that the Board of Directors had the authority to bring any item back at any time it so desire) as opposed to the Planning Commission, which is confined to a one -year waiting period before reconsiders g OCTOBER 5. 1976. Cont'd. any zoning item. Director Hollingsworth contended at this time that he would oppose the rezoning at �I this time, due to the fact that the plans, circumstances and facts have not changed since this matter was originally considered. Efforts were made to reach a compromise between the Petitioner and the , opponents; however, Mr. Cropper declined, stating that further attempts would in his opinion be un- productive. The Public Hearing was then declared closed, and a proposed Ordinance was placed on first reading. (See proposed Ordinance, as follows) There was presented a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 10500 WEST MARKHAM STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Hollingsworth, seconded by Director Keith, and adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey and Hollings- worth - total 5; Noes - None; Abstaining - Director Linkous - total 1; Absent - Director Young - total 1. There was a second reading of the Ordinance, followed by a motion from Director Keith, second by Director Dailey, for a further suspension of the rules and the placing of the Ordinance on its third and final reading. The motion was adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey and Hollingsworth - total 5; Noes - None; Abstaining - Director , Linkous - total 1; Absent - Director Young - total 1. There was a third and last reading of the Ordinance; after which an Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - None; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey and Holli worth - total 5; Abstaining - Director Linkous - total 1; Absent - Director Young - total 1. It was announced that the Ordinance had FAILED to pass. The next presentation was the Petition of Winrock Homes, Incorporated and the Housing Authority of the City of Little Rock, requesting the vacating and closing of certain streets and alleys in University Park South, in conformance with University Park Urban Renewal Project ARK R -51. The closures requested in this Petition were approved by the Planning Commission in a development plan, and a map of the area was included with the Petition. (See Resolution No. 5,597, which sets the date of Public Hearing on this Petition for October 19, 1976 at 7:30 o'clock P. M.) Resolution No. 5,597 was presented with the title being: A RESOLUTION FIXING THE TIME FOR HEARING ON AN ORDINANCE VACATING, ABANDONING, AND CLOSING CERTAIN , STREETS AND ALLEYS, AND PORTIONS THEREOF, LOCATED IN COX'S SUBDIVISION OF TAYLOR AND BODEMAN'S SUB- DIVISION TO THE CITY OF LITTLE ROCK AND L. G. COTTON'S SUBDIVISION OF TAYLOR AND BODEMAN'S SUBDIVISION TO THE CITY OF LITTLE ROCK, ALL LOCATED IN THE UNIVERSITY PARK URBAN RENEWAL PROJECT, PROJECT ARK R -51; AND FOR OTHER PURPOSES, which Resolution was read in full and subsequently adopted by a motion from Director Dailey, seconded by Director Bussey, and the following roll call vote:' Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. Presented for consideration at this time was a Petition from property owners in the vicinity of Westwood and Asher Avenues for the formation of a Sewer Improvement District. Included with the Peti were the following documents: An Abstractor's Certificate from the Beach Abstract Company stating the total assessed value, of all real property in the proposed district to be $479,060.00, and a map designs ing the boundaries to be included within the district. As a Public Hearing had been designated for this time and place, with notice thereof having been duly published on September 13, 1976 as required by City Ordinance, Mayor Wimberly declared the Public Hearing to be open. However, as there was no one present , who wished to address to the issue, the Public Hearing was declared closed and a proposed Ordinance was placed on first reading. (See Ordinance No. 13,205, as follows) Then presented was Ordinance No. 13,205, entitled: 1 OCTOBER 5 1976, Cont'd. AN ORDINANCE'ESTABLISHING SEWER IMPROVEMENT DISTRICT NO. 144 OF LITTLE ROCK, ARKANSAS;. (Boundaries of the District include portions of Euclid Place, John Barrow, Westwood, West Heights and West Heights Place Additions, and Beasley Subdivision) and the Ordinance was read the first time. A motion was then made by Director Hollingsworth, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of:Directors- elect; and the Ordinance was then read the second time. The rules were again suspended to allow for the third and final reading of the Ordinance at this time by a motion made by Director Keith, seconded by Director Hollingsworth, and unanimously adopted by the Board Members present,,being six in number and twos- thirds or more of the members of the Board of Directors - elect. The third and last reading of .the Ordinance was followed by an Aye and No vote on the passage of the Ordinan which resulted as follows: Ayes Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. The Ordinance was declar PASSED. Presented for second reading was Ordinance No. 13,206, described as: AN ORDINANCE ESTABLISHING PERMIT FEE SCHEDULES FOR BUILDING, ELECTRICAL, PLUMBING AND RELATED WORK PERFORMED IN THE CITY OF LITTLE ROCK; REPEALING ALL TECHNICAL CODE, ORDINANCE AND CODE OF ORDINANCE PROVISIONS IN CONFLICT-HEREWITH; AND FOR OTHER PURPOSES; . which Ordinance was read the first time on September 21, 1976. At this time, a motion was made by Director Keith, seconded by Director Hollingsworth, that the Ordinance be amended to provide for computation of building permit fees on the basis of square footage, rather than on the valuation of the structure, alteration or work requiring a permit., The motion was submitted to a roll call vote and adopted as herein described; Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth � total 6; Noes - None; Absent - Director Young - total 1. The Ordinance was r then read the second time, as amended, and an ensuing motion to suspend the rules to allow for the third and final.reading of the Ordinance was,made and seconded by Directors Hollingsworth and Keith, respecti ly. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors- elect;.and there was a third and final reading o the Ordinance. The resulting Aye and No vote taken.on the passage of the Ordinance is:recorded as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth total 6; Noes - None; Absent - Director Young - total 1. Accordingly, it was announced that the Ordinance, as amended had PASSED. Also presented for second reading was a proposed Ordinance, containing the following title: AN ORDINANCE AUTHORIZING AND APPROVING A BUDGET TRANSFER IN CERTAIN 1976 BUDGET ACCOUNTS; AND FOR OTHER PURPOSES; (Transfer of $60,000 from Protective Inspections to Police Patrol Salaries) which Ordinance was read the first time on September 21, 1976. A motion was.made at this point by Director Keith, seconded by Director Hollingsworth, that this item be withdrawn. The motion was sub- mitted to a roll call vote, resulting as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. Subsequently, it was announced that the motion had been adopted, and this item would be removed from the Agenda. Resolution No. 5,598 was presented, with the title being: A RESOLUTION REPROGRAMMING CERTAIN FIRST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND FOR, OTHER PURPOSES; and the Resolution was read in its entirety. Mr. Cliff Giles, Executive Director of the Little Rock Housing Authority, spoke briefly and explained his administrative experience with, and the current sta of the Housing Rehabilitation Program, which had surplus funds for reprogramming. There was a motion OCTOBER 5. 1976. Cont'd. then made by Director Bussey, seconded by Director Linkous, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. , Recommendations for amendments to Chapter 5 of the Code of Ordinances pertaining to ambulances had been prepared by the City's Staff and were presented for consideration at this time. Four amendments were recommended by the Staff which, if adopted, would place the City's ambulance service in a "Class 1 -B" category instead of the current "l -A." Representing Medic Vac Ambulance Company, Attorney R. Da Lewis advised that he had examined the amendments and the accompanying proposed Ordinance, which were found to be basically acceptable by his client. However, he stated that they would like to initiate discussions at a later date pertaining to the City's ban on the use of sirens,-and requested that consideration be given to a minor change in the insurance requirement provision. Director Linkous questioned the reduction of the rating to "Class 1 -B" and was advised by City Attorney Joseph C. Kemp that, although.efforts would be made in the near future to re- establish the "1 -A" rating, passage of the proposed Ordinance would restrict the City at present to a "l -B" ambulance rating. The discussion continued at length and resulted in the following motions: 1. By Director Hollingsworth, seconded by Director Linkous, "that the proposed Ordinance be .amended to provide that the license of the operator shaZZ be permanently revoked if he operates an ambulance that is uninsured." The motion was ADOPTED as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. 2. By Director Hollingsworth, seconded by Director Linkous,,, that the proposed Ordinance be amended to provide that a driver shall not release a patient from his care until all reasonable efforts have been made to deliver the patient to the care of a medical facility." The motion was ADOPTED by a roll call vote described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. 3. By- Director Linkous, seconded by Director Hollingsworth,-"to remove the phrase 'regarding the non - medical aspects of the situation' from Section 5 -ZO(b) of the proposed Ordinance which states 'No driver or attendant shaZZ disobey the lawful order of a policeman regarding the non- medicaZ aspects of the situation at the scene of an accident or other emergency'." ' When submitted to a roll call vote, the motion FAILED to be adopted as herein described: Ayes - Director Linkous - total 1; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Bussey and Hollingsworth - total 5; Absent - Director Young - total 1. 4.- By Director Linkous, "to include a section in the proposed Ordinance providing that a Firefighter EMT (Emergency Medical Technician) should be the senior EMT on the scene and should be allowed to ride in the ambulance zo the hospital.." However, this motion was superseded by an alternate motion from Director Hollingsworth, seconded by Director Linkous, "that the Board of Directors.study the feasibility of Director Linkous' proposal and discuss its findings at a later date "; and the alternate motion was unanimously ADOPTED by the Board Members present. 5. By Director Hollingsworth, seconded by Director Keith, "to approve the amendments recommended by the Staff for a 'Class 1 -B' ambulance rating." The motion was ADOPTED as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous,and Hollingsworth - total 5; Noes - None; Abstaining - Director Bussey - total 1; Absent - Director Young - total 1. Ordinance No. 13,207, including the above described Amendments No. 1, 2 and 5, was then presented, with the title being: AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO 1111111 AMBULANCES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; Ill IN OCTOBER 5 1976, Cont'd. ' and the Ordinance was read the first time. The rules were then suspended to allow for ,the second readin of the Ordinance by a motion made and seconded by Directors.Hollingsworth and:Dailey, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the ' members of the.Board of Directors - elect. There was a.second reading of the Ordinance, followed by an. ensuing motion from Director Dailey, seconded by Director Keith, that the rules again be. suspended and the Ordinance be placed on its third and.final reading. The motion was adopted by unanimous vote of the Board Members .present; being, six in number and two - thirds or more of the members of the Board of Director elect; and the Ordinance was then read the third and.last time. The resulting Aye and No vote taken -on. the passage of the Ordinance. received .the.following.response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes None; Absent - Director Young total 1. The Emergency clause contained in Section 2 of the foregoing.Ordinance was .then read and adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth total 6; Noes - None; Absent - Director Young - total 1. The Ordinance, together with the amendments and Emergency Clause, was declared PASSED. Introduced at this time was Resolution No. 5,599, entitled: A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE ARKANSAS STATE HIGHWAY DEPARTMENT FOR RENOVATION OF THE BIDDLE SHOP CROSSING; AND FOR OTHER PURPOSES; (Confederate Boulevard - CRI & P Railroad Crossing) which Resolution was read in full, and thereafter adopted upon motion of Director.Keith, seconded by Director Bussey, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. The next presentation was Resolution No. 5,600, with the title being: A RESOLUTION EXERCISING A CERTAIN.OPTION EXECUTED BY DONALD E. GOODWIN AND ANNA MARIE GOODWIN, AND DON G. CARTER AND KATHERINE A. CARTER FOR THE PURCHASE OF PROPERTY; DIRECTING THE CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENTS; AND FOR OTHER PURPOSES; (Exchange of real property, in which the City of Little Rock received a tract at the Sanitation Yard Site) and the Resolution was read in its entirety. There was a motion then made by Director Hollingsworth, seconded by Director Linkous, which resulted in a roll call vote whereby the Resolution was adopted ' as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 6; Noes - None; Absent - Director Young - total 1. Resolution No. 5,601 was.presented, and entitled: A RESOLUTION PERTAINING TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS FOR THE FIRST AND SECOND YEARS; AND FOR OTHER PURPOSES; with the Resolution being read in full. A motion was made by Director Linkous, seconded by Director Dailey, for adoption of the Resolution. A roll call vote was taken and the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth total 6; Noes - None; Absent - Director Young - total 1. At this point, City Clerk Jane Czech reported on the status of an Initiative Referendum Petition filed by ACORN (Arkansas Community Organization for Reform Now) to place on the November 2, 1976 ballot a proposed Ordinance implementing "Lifeline Electric Rates" whereby firms selling electric power within the City would be required to lower residential and small business electric rates by increasing large ' commercial and industrial electric rates. Mrs. Czech stated that the Petition had been verified with 5,712 acceptable signatures, with the required number being 5,317. (See Resolution No. 5,602, as follows) In accordance with the foregoing report, Resolution No. 5,602 was presented, with the title being: A RESOLUTION PERTAINING TO AN INITIATIVE PETITION FOR AN ORDINANCE REGULATING ELECTRIC POWER RATES; AND FOR OTHER PURPOSES; , 3101 OCTOBER -5"1976, Cont'd. which Resolution was read in its entirety, and followed by a motion from Director Hollingsworth that the Resolution be adopted. The motion was seconded by Director Dailey and submitted to a roll call vote in which the Resolution was adopted as herein described: Ayes - Directors Keith and Dailey, Mayor I Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director ' Young : �r total 1. Considered at this time was Resolution No. 5,603, described as: A RESOLUTION AUTHORIZING THE'MAYOR:TO ACCEPT A BEQUEST OF MONEY FOR INSTALLATION OF RECREATION FACILITIES; (From the estate of Eugene B. Klyce in the amount of $600 to be used to install a parallel bar and three horizontal bars in a public park for the free use of citizens) with there being a full reading of said Resolution. A motion then followed from Director Keith, seconded by Director.Hollingsworth, which resulted in adoption of the Resolution by the following roll call vote response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. The final item to be presented from the Official Agenda was Resolution No. 5,604, entitled: A RESOLUTION MAKING AN APPOINTMENTS TO THE LITTLE ROCK PARKING AUTHORITY; AND FOR OTHER PURPOSES; (Appointment of Werner C. Knoop to a term commencing August 1, 1976 and expiring August 1, 1981) ' and upon full reading of the Resolution, a motion by Director Dailey, seconded by .Director Linkous, resulted in a roll call vote which adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young —total 1. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director_ Keith, seconded by Director Bussey, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:15 o'clock P. M., to meet again in regular session on Tuesday, October 19, 1976 at 7:30 o'clock P-. M. ATTEST: � `� APPROVED: City Clerk Mayor I I II I I I � I I I i I i 1 Board of Directors Chamber Little Rock, Arkansas. October 19, 1976 - 7:30 P. M. The Board of Directors of.the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous and Young - total 4; Absent: Directors Bussey and Hollingsworth - total 2. It was announced that a quorum was present, and the meeting then proceeded as herein described: The Invocation was given by Director Dailey. The first presentation was the Consent Agenda; consisting of the following: (a) The minutes of the previous meeting held on October 5, 1976. (b) Resolution No. 5,605, entitled: A RESOLUTION AWARDING CONTRACTS FOR THE DEMOLITION OF CONDEMNED STRUCTURES; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES: (c) Resolution No. 5;606, entitled: A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE OF SANITATION TRUCKS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES By a motion from Director Linkous, seconded by Director DaiZey, and a roZZ caZZ vote with aZZ members present voting Aye, the Consent items were dispensed with as foZZows: (a) The minutes were approved as written and summarized to the Board of Directors; (b & c) Resolutions No. 5,605 and 5,606 were read in full and adopted. The next item presented for consideration was Resolution No. 5,607, described as:. A RESOLUTION REPROGRAMMING FIRST AND SECOND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND 2 I FOR OTHER PURPOSES; (Funds transferred from 12th Street Park Project and Second Year Contingency Fund to MacArthur Park Project, War Memorial Park Project and Second Year Street Project) with said Resolution being read in its entirety. A motion was made by Director Linkous and seconded by Director Dailey for adoption of the Resolution. The resulting roll call vote then adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Young - total 5; Noes - None; Absent - Directors Bussey and Hollingsworth - total 2. Director Hollingsworth was enrolled at this time. ' A Report of Community Development Block Grant Improvement Projects and an outline of Staff Recommendations for the Third Year Community Development Block Grant (CDBG) Planning Process were presented at this time. A communication was.read by a representative of one of the CDBG neighborhood committees urging that the Third Year procedural recommendations be rejected. This objection was based on the new procedure whereby neighborhood committees were requested to submit lists of recommended projects in order of priority. Urging that.the CDBG program retain its current format in which each neighborhood is initially allotted a specific amount to be used for various community projects, subject to approval of the Board of'Directors, he contended that the new procedure would force neighborhoods to compete and would undermine "the unifying process the current structures have started." Mr. Charles Rhodes, co- chairman of the John Barrow Committee, also expressed objection to the new procedure, contending "we will have to play politics with other areas to get a share of the money available." He requested that the program be administered as in prior years, with a lump sum of money for each community group to work with, and with the final decision resting with the Board of Directors. City ' Manager Carleton McMullin reviewed the staff proposal, which he described as one of full public participation which would "enable us to act as a community, rather than as several groups confined by geological boundaries." Mr. McMullin also advised that the sum of $441,000 had been left over from the I Neighborhood Development Program and could be transferred by the Housing Authority to the CDBG Third Year Program and administered under the same guidelines. A motion was then made by Director Young 2 OCTOBER 19, 1976, Cont'd. "that the guidelines be amended to provide that the Third Year CDBG Program be administered in the same II manner as the First and Second Year Programs, with the express understanding that the Board fully-;_ reserves the right to reallocate the distribution of funds as it deems proper." The motion was seconded ' by Director Hollingsworth but failed when submitted to a roll call vote described as follows: Ayes - Directors Hollingsworth and Young - total 2; Noes - Directors Keith and Dailey, Mayor Wimberly and Director Linkous - total 4; Absent - Director Bussey - total 1. A subsequent motion was then made by Director Young "that the guidelines be amended to provide that 60% of the CDBG Third Year funds be dealt with in the same manner as the First and Second Year funds, and that 40% be administered under the current recommendations." The motion was.again seconded by Director Hollingsworth, but failed by the following roll call response: Ayes - Directors Hollingsworth and Young - total 2; Noes - Directors Keith and Dailey, Mayor Wimberly and Director Linkous - total 4; Absent - Director Bussey - total 1. The Staff Recommendations, as originally presented, were then APPROVED by a motion from Director Keith, seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly and Director Linkous - total 4;' Noes - Directors Hollingsworth and Young - total 2; Absent - Director Bussey - total 1. Resolution No. 5,608 was presented at this time, with the title being: A RESOLUTION APPROVING AN AMENDED AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, THE CITY OF NORTH ' LITTLE ROCK, PULASKI COUNTY AND METROPLAN PERTAINING TO THE OPERATION OF CENTRAL ARKANSAS TRANSIT; AND FOR OTHER PURPOSES; and the Resolution was read in full. A motion was made at this point by Director Linkous that the Resolution be withdrawn from the Agenda; however, the motion failed when a second was not received. Th Resolution was then adopted upon motion of Director Hollingsworth, seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. The following Zoning Petitions, as approved.by the Planning Commission, were presented: Z -3054 - From the Sol Alman Company to rezone the west side of the 800 block of Miller Street, described as the west 50 feet of Lots 7 and 8, the west 50 feet of the south 15 feet of Lot 9, and the north one -half of Lot 12, Block 2 of Hanger's Addition to the City of Little Rock, Arkansas, from "C" Two- family District to "I" Light Industrial District. Z -3059 - From the Baptist Medical Center System to rezone 9600 Kanis Road (See Petition for ' lengthy legal description) from "D" Apartment, "E" Apartment and "F" Commercial Districts to "E -1" Quiet Business District. As there was no one present to oppose the rezoning of the foregoing properties, an Ordinance to reclassify same was.placed on first reading. (See Ordinance No. 13,208, as follows) Ordinance No. 13,208 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECT 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the,Ordinance. The rules were then suspended to allow for the second reading of the Ordinance at this time by a motion made by Director Hollingsworth, seconded by Director Linkous, and unanimously adopted by the Board Members present, being six in number and two - thirds or mo of the members of the Board of Directors - elect. The Ordinance was read the second time; after which a motion was made by Director Linkous, seconded by Director Dailey, for a further suspension of the rules and the placing of,the Ordinance on its third and final reading. The motion was adopted by unanimous , vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by an Aye and No vote on the passage of the Ordinance which received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent Director Bussey - total 1. The Ordinance was declared PASSED OCTOBER 19, 1976; Cont'd. Zoning Petition No. Z -3065 was presented at this time, having been submitted by the Morgan Steel Building Company to rezone property located in the ,1800 Block of Thayer. Street, containing a lengthy ' legal description as set out in the Petition, from "F" Commercial District to "I" Light Industrial District, as approved by the Planning Commission.. There.was no one present to address to the issue; therefore, an Ordinance providing for the reclassification of this property was placed on first reading. (See Ordinance No. 13,209, as follows) There was presented Ordinance No..,13,209, entitled: . AN ORDINANCE RECLASSIFYING THE 1800 BLOCK OF THAYER STREET (NORTHWEST CORNER OF WRIGHT AVENUE) IN THE CITY -OF- LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE 3 K ROCK, ARKANSAS; AND FOR OTHER PURPOSES; ' with said Ordinance being read the first time. There was .a motion by Director Keith, seconded by Directs Dai ley, .that.the rules be.suspended and the Ordinance be placed on its second reading; which motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the memb of the Board of Directors - elect. There was a second reading of the Ordinance and an ensuing motion made and seconded by Directors Linkous and Keith, respectively, for a.further suspension of the rules to allo ' for the third and final reading of the Ordinance. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No vote taken on the passage.of the Ordinance is recorded herein as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey total 1. It was announced that the Ordinance had PASSED. 'A discussion . was held at this point pertaining to the requested closing of various streets and alle in an area located,in a portion of the University Park Urban Renewal area south of 12th Street and west of University Avenue. The Petitioners, Winrock Homes, Inc.. and the Housing Authority of the City of Little Rock, had requested these closures for the purpose of replatting this area into a subdivision to be known as "Broadmoor North." The subdivision plat had been approved by the Planning Commission, subje to approval of the street and alley closures by the Board of Directors. As a Public Hearing had been designated for this time and place by Resolution No. 5,597, notice of which had been'duly published on 3 K October 11, 1976 and October 18, 1976 as required by Ordinance, Mayor Wimberly declared the Public ' Hearing to be open. Opposition was then presented by Mr.: Hubert H.- Souter of #3 Fair Oaks Drive, who stated that the proposed closing of 20th Street„in this plan would.deny him access to his back yard. Mr. James Finch, Director of the Comprehensive Planning. Division, displayed a current map of the area and a map showing the new.platting for Broadmoor North. It was pointed out by Mr. Clifton Giles, Director of the Housing Authority, that the University Park Urban Renewal Program and the plan contained therein had been adopted by the City of Little Rock; and he then called-attention to a new street within the proposed subdivision which would extend from.Boyle Park Road to Cleveland Street. Arguments were presented for Mr. Clark Wood and Mrs. Arthur Connerly by Attorney Robert L. Robinson, who maintained that 20th Street was easily maneuverable and presently being used, and the only access available to a ten -acre tract owned .by, his clients. Mr. Robinson questioned the necessity for.closing this street, stating that it should be maintained as a buffer and boundary line for the proposed subdivision, and requested that the Board give serious consideration to this matter- before blocking access to ten acres of land. Director Hollingsworth contended that the street in question was in extremely bad.condition, was currently used as a dumping ground, and should it be allowed to remain, the City should assume the responsibility of maintaining it in a comparable manner with the streets in the proposed subdivision. Referring to Mr. Souter's request pertaining to access to his back yard, Director Young stated that it would be unfair to remove the capacity a person bargained for when he purchased his house. Subsequently 3 K 31 OCTOBER 19. 1976. Cont'd. Director Young made a motion to delete the closing of all of 20th Street east of Cleveland Street, but the motion failed to receive a second." An alternate motion was then made by Director Young to exclude the proposed closing of the first 300 feet of 20th Street east of Cleveland Street ;'and this motion ' also failed to receive a second. The discussion then concluded,'and'the Public Hearing was therefore declared-closed-(See Ordinance No. 13,210, as follows) Introduced at this time was Ordinance No. 13,210, described as: AN ORDINANCE VACATING, ABANDONING, AND CLOSING CERTAIN STREETS, ALLEYS AND PORTIONS THEREOF IN COX'S SUBDIVISION OF TAYLOR AND BODEMAN'S SUBDIVISION TO THE CITY OF LITTLE ROCK AND L. G.- COTTON'S SUBDIVISION OF TAYLOR AND BODEMAN'IS SUBDIVISION TO THE CITY OF LITTLE ROCK, IN CONFORMANCE WITH THE PROVISIONS OF THE URBAN RENEWAL PLAN FOR THE UNIVERSITY PARK URBAN RENEWAL PROJECT, PROJECT ARK R -51; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion 'from Director Linkous, seconded by Director Keith, which was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; and a subsequent motion was again made and seconded by Director Linkous and Keith, respectively, to further suspend the rules to ' allow for the third and final reading of the Ordinance. The motion was adopted by unanimous vote of ' the Board Members present, being six in number -and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the third and last time. An Aye and No vote was taken at this time on the passage of the Ordinance and received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Hollingsworth - total 5; Noes - 'Director Youn - total 1; Absent - Director Bussey - total 1. The Emergency Clause cointained • in- Section S was adopted by the roll call described above. The Ordinance and Emergency Clause were then declared PASSED. Considered next was the Petition of the Moon Realty, Incorporated, H & M Realty Company and Hastings Realty Company'to vacate and close portions of Vance, McAlmont and 30th Streets, and portions of two unnamed alleys,'as'approved by the'Planning Commission. Accompanying the Petition were the following documents: A 'letter from the Beach Abstract and Guaranty Company certifying to the last apparent owners of record of the property abutting the streets and alleys, and certified copies of the plats of Bragg's Second Addition, Watkins Addition and Rapley Estate Addition as recorded in Plat Reco Book 2, Mortgage Record Book AB -1, and Deed Record Book AB, respectively, in the office of the Pulaski County Circuit Clerk. (See Resolution No.' 5,609;' as follows,'which sets the date for "Public Hearing ' on November 16, 1976 at 7:30 o'clock P. M.) Presented at this time was Resolution No. 5,609, containing the following title: RESOLUTION OF'THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK; ARKANSAS,_SETTING THE DATE OF HEARING ON THE PETITION TO VACATE PORTIONS OF VANCE STREET, A PORTION OF McALMONT STREET, AN UNNAMED ALLEY RUNNING PARALLEL TO AND BETWEEN BRAGG STREET AND VANCE STREET, AND AN UNNAMED ALLEY RUNNING" PARALLEL TO AND BETWEEN VANCE STREET AND McALMONT STREET, AND A PORTION OF EAST 30TH STREET, LOCATED WITHIN THE FOLLOWING ADDITIONS TO THE CITY OF LITTLE ROCK; RAPLEY ESTATE, WATKINS ADDITION, AND BRAGG'S SECOND ADDITION; and said Resolution was read in full. A motion by Director Hollingsworth, seconded by Director Linkous, for adoption of the Resolution was subsequently submitted to a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Holli worth and Young - total 6; Noes - None; Absent- Director Bussey - total 1. The next item considered was the proposed closing by the Board of Directors, by authority of Statel , Statute 19 -2304, of a portion of Ballinger Road between Battle and Lancaster Roads. This proposal was Ii made by the Board of Directors pursuant'to a request from Robert D. Holloway, Inc., Consulting Engineer for the Buffington O -Lot Line Development, and had received the approval of.the Planning Commission. Filed in the Office of the City Clerk in connection with this proposal were a letter from the Beach- Abstract and Guaranty Company certifying to the abutting property owners, and a map of the area !�J OCTOBER 19, 1976, Cont'd. surrounding Ballinger Road. (See Resolution No. 5,610, as follows, setting the date of Public Hearing for November 16, 1976 at- 7:30 o'clock P. M.)- Resolution No. 5,610 was presented, with the title being: ' RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PROPOSED VACATING AND CLOSING OF A PORTION OF THE RIGHT -OF -WAY DEDICATED -AS BALLINGER ROAD BETWEEN BATTLE AND LANCASTER ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS; and there was a complete reading of.the Resolution. A motion by Director Hollingsworth, seconded by Director Linkous, resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. Considered at this time was Ordinance No. 13;211, entitled: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1976 i FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; i and there was a first reading of the Ordinance. A motion was then made by Director Hollingsworth, and seconded'by- Director Linkous, that the rules be suspended and the Ordinance be placed on its second ' reading. The motion was adopted by unanimous vote of the Board Members present,.being.six in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordi- nance ensued. At this time, a subsequent motion was made by Director Hollingsworth, seconded by Director Keith, that the rules again be suspended to allow for the third and final reading of the Ordinance, with. the motion being unanimously adopted by the Board Members present,.being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time, followed by an Aye and No vote on the passage of the Ordinance which received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read and adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. It was announced that the Ordinance, together with the Emergency Section, had been PASSED. Then presented was Resolution No. 5,611, entitled: A RESOLUTION GRANTING A FRANCHISE TO ARKANSAS BAPTIST STATE CONVENTION TO CONSTRUCT AN ENCLOSED PEDESTRIAN BRIDGE OVER ARCH STREET BETWEEN FIFTH AND SIXTH STREETS; AND FOR OTHER PURPOSES; with said Resolution being read in its entirety and subsequently adopted upon motion of Director Hollingsworth, seconded by Director Linkous, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. Resolution No. 5,612 was presented, with the title being: A RESOLUTION WAIVING THE PROVISIONS OF THE MASTER STREET PLAN AND THE MASTER PARKS PLAN AS SUCH PERTAIN TO A TRACT OF LAND KNOWN AS RIVER VIEW MANOR SUBDIVISION IN THE CITY OF LITTLE ROCK; AUTHORIZING THE ISSUANCE OF A BUILDING PERMIT; AND FOR OTHER PURPOSES; which Resolution was read in full. There was a motion which followed from Director Hollingsworth, seconded by Director Linkous, that the Resolution be adopted. A roll call was taken and the Resolution was adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, ' Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. I) ✓ 31 OCTOBER 19, 1976, Cont'd. The final item to be presented from the Official Agenda was Resolution No. 5,613, described as: A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; . (Appointments to the Little Rock Housing Authority, the City Beautiful Commission as re- established, and the Clean City Committee) and the Resolution was read in full. A motion by Director Linkous, seconded by Director Dailey, resulted in a roll call vote which adopted the Resolution as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Hollingsworth, and by unanimous vote of the Board MembE present, the meeting was adjourned at 8:45 o'clock P. M., to meet again in regular session on Tuesday, November 2, 1976 at 7:30 o'clock P. M. ATTEST: City Clerk V/ APPROVED: Mayor 1 L L Board of Directors Chamber Little Rock, Arkansas ' November 2, 1976 - 7 ;30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor. Wimberly presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Hollingsworth and Young - total 5; Absent - Director Bussey - total 1. It was announced that a quorum was present, and the meeting then proceeded as herein described:' The Invocation was given by Director Linkous. Presented first from the Official Agenda were the Consent items, described as follows: (a) The Minutes of the previous meeting held on October 19, 1976. (b) The Preliminary Operating Budget for the year 1977 of the Little Rock Municipal • Airport Commission. (c) The Quarterly Financial Report of.the City of Little Rock for the period ending September 30, 1976. I ' (d) A Status Report regarding Sign Code Enforcement within the _City of Little Rock, Arkansas. (e) A Public Hearing recommended for November 9, 1976 pertaining to land use tools as suggested by Booz -Allen and Hamilton Consulting Firm. (f) Resolution No. 5,614, described as: A RESOLUTION ACCEPTING A DEDICATION DEED FROM ST. JOHN BAPTIST CHURCH FOR A PARCEL OF LAND TO BE USED AS RIGHT -OF -WAY FOR WIDENING AND IMPROVEMENT OF MAIN STREET; AND FOR OTHER PURPOSES. By a motion from Director Linkous, seconded by Director Keith, and unanimous Zy adopted by the Board Members present, the Consent items were dispensed with as follows: (a) The minutes of the previous meeting were approved as written and summarized to the Board of Directors; (b, c & d) The Operating Budget, Financial Report and Status Report were received and filed; (e) A Public Hearing was approved for November 9, 1996; and (f) Resolution No. 5,624 was read and adopted. An appeal of the Planning Commission's denial on September 30, 1976 of Zoning Petition No. Z -2985 was presented at this time. The Petition, submitted by Mr. Arthur M. Cooper, Jr., requested the rezoning ' of property located at 8220 Cantrell Road (See Petition for lengthy legal description) from "A" One- family District to "E -1" Quiet Business District. By a motion from Director Hollingsworth,.seconded by Director Linkous and unanimously adopted by the Board Members present, a Public Hearing on this subject was approve I for November 16, 1976 at 7:30 o'clock P. M. i The next item to be considered was the request of the Little Rock Wastewater Utility for the vacating and closing of the alley between Lots 4, 5 and 6 and Lots 7, 8 and 9, of Block 5 of A. E. Callaway Addition to the City of Little Rock, Arkansas. Included with the request was a survey of Block 5 of A. E. Callaway Addition. (See Resolution No. 5,615, as follows, which sets the date for a Public Hearing on this subject for December 7, 1976 at 7:30 o'clock P. M.) There was presented Resolution No. 5,615, entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF I HEARING FOR A PUBLIC HEARING ON THE ORDINANCE TO VACATE THAT PART OF THE ALLEY BETWEEN LOTS 4, 5 AND 6 AND 7, 8 AND 9 IN BLOCK 5, A. E. CALLAWAY ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; ' which Resolution was.then read in full. A motion was made by Director Linkous, seconded by Director Keith, that the Resolution be adopted. The motion was submitted to a roll call vote which adopted the Resolution as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - ,None; Absent - Director. Bussey - total 1. 318 NOVEMBER 2, 1976, Cont'd. Considered at this time was Ordinance No. 13,212, with the title being: i AN ORDINANCE APPROPRIATING FUNDS FOR THE LITTLE ROCK HISTORIC DISTRICT COMMISSION; AND FOR OTHER PURPOSES; (Appropriation of $5,000 from the Community Development Block Grant funds) with said Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Hollingsworth, seconded by Director Linkous, which was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance,:and a'subsequent motion from Director Linkous, seconded by Director Dailey, for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith I and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes � None; Absent - Director Bussey - total 1. It was announced that the Ordinance had PASSED. Resolution No. 5,616 was presented, and entitled: A RESOLUTION AWARDING A CONTRACT FOR CUSTODIAL SERVICES FOR CERTAIN CITY OFFICE BUILDINGS; AUTHORIZ- ' ING PAYMENT; AND FOR OTHER PURPOSES; (Custodial maintenance services for the Police and Courts Building, Police Training Building, City Hall, Community Service Building, and the OMS Building) and there was a complete reading of the Resolution. A motion from Director Linkous, seconded by Director Dailey, resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Absent.- Director.Bussey - total 1. Director Bussey was enrolled at this time. A discussion was held at this time pertaining to a proposed Ordinance providing for the repeal of Section 31 -11 of the Code of Ordinances which requires the telephone company to provide the Police Department with all unlisted telephone numbers. Speaking against the repeal of this Section, Police Chief Gale F. Weeks stated that, to his knowledge, there have been no abuses or complaints arising from this privileged information since inception of this section of the Code,in the year 1936. Chief Weeks - described this provision as a tool, not otherwise available to the Department, which is used not only to , combat the criminal element but as a service to the community in relaying emergency messages, assisting medical agencies in obtaining information, etc. Director Hollingsworth stated that he could not see a compelling reason for the Police Department to have access to unlisted numbers, and pointed out that under this section of the Code a fine could be imposed on the telephone company should it neglect or inadvertantly fail to notify the Police Department of a new unlisted number or a change in an existing one. In response, Chief Weeks contended that the unlisted telephone number is an aid to the Police Department, and a vote to abolish this Ordinance would be a vote in favor of the criminal element. Also opposing the repeal of this provision, Mr. John Hall, a Deputy in the Pulaski County Prosecuting Attorney's Office, maintained that all records of a telephone company are not classified as confidential. He added that many criminal activities are transacted on the telephone, such as bookmaking, arrange - ments Tor transporting stolen goods, etc.; and any measures taken to decrease the usefulness of the . telephone as an instrument of crime would be helpful. Director Young and Mayor Wimberly concurred in the opinion that the Board should withhold a decision in this matter until it has had more time to study ' the mechanics, values and implications of this provision. Director Keith suggested that a proposed i Ordinance be prepared which would more favorably assist the Police Department in this area, and he suggested also that a discussion be held for this purpose between representatives of the telephone company, the Police Department, the Prosecuting Attorney's Office and the City Attorney's Office. �I 319 NOVEMBER 2, 1976, Cont'd. A motion was then made by Director Linkous, seconded by Director Keith, that this subject, together with presentation of the proposed Ordinance, be.deferred until November 16, 1976, and the motion was UNANIMOUSLY ADOPTED BY THE BOARD MEMBERS PRESENT.' ' I The next item presented for consideration was Resolution No. 5,617, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE LITTLE ROCK PLANNING COMMISSION; AND FOR OTHER PURPOSES; (Appointment of Lynn Wassell, Don F. Hamilton and James M. Adams, Jr.) with the Resolution being read in full and subsequently adopted by a motion made and seconded by Directors Hollingsworth and Keith, respectively, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - .None. Then presented was Resolution No. 5,618, described as: A RESOLUTION MAKING APPOINTMENTS TO THE MUSEUM OF SCIENCE AND NATURAL HISTORY BOARD OF TRUSTEES; AND FOR OTHER PURPOSES; (Appointment of Ms. Nan Ellen Jackson, Dr. Dolph Moore, Dr. Gary Heist, Mr. Richard Sneigocki, Mr. Ben Rand, Mr. Paul C. Berry, Mrs. James Johnson and Mr. Thomas Foti) I and the Resolution was read in its entirety. A motion by Director Linkous, seconded by Director Dailey, ' resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - .None-, Absent - None. Resolution No. 5,619-was presented, containing the following title: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK AIRPORT COMMISSION; AND FOR OTHER PURPOSES; (Appointment of Robert M. Wilson) which Resolution was read in full and thereafter adopted upon motion of Director Linkous, seconded by Director Dailey, and the following roll call.vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, I Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. Introduced at this time was Resolution No. 5,620, entitled: A RESOLUTION OF COMMENDATION TO MR. RUSSELL McLEAN, JIM L. JENKINS, THOMAS L. HODGES, AND ROBERT H. WICKARD FOR THEIR WORK WITH THE PLANNING COMMISSION; AND FOR OTHER PURPOSES; with there being a full reading of the Resolution. Director Linkous, seconded by Director Dailey, made ' a motion that the Resolution be adopted.and the resulting roll call vote adopted the Resolution as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. The final presentation was Resolution No. 5,621, described as: A RESOLUTION AMENDING IN PART RESOLUTION NO. 5,572 PERTAINING TO A CONTRACT FOR DEMOLITION OF CERTAIN CONDEMNED STRUCTURES;i�,AWARDING A CONTRACT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; and said Resolution was read in full and thereafter adopted upon motion of Director Hollingsworth, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey, Hollingsworth and Young - total 7; Noes - None; Absent - None. In a general discussion which followed, City Manager Carleton McMullin called attention to a Public Hearing date scheduled for November 30, 1976 pertaining..to a new landfill site. Director Dailey expressed a wish to.pursue a vehicle tax, the proceeds of which would go toward public transportation, and requested that this matter be discussed by the Board in the near future. Director Dailey also inquired as to the status of a covenant required by the City as a condition for granting a rezoning request at 1200 North University. City Attorney Joseph Kemp responded that the covenant had been received by his office and would be filed with the Pulaski County Circuit Clerk on the following day. Mrs. Jo Kimmins, a representative of the League of Women Voters, was in attendance and asked that she receive a verification when this covenant is filed. � I I I (✓ NOVEMBER 2. 1976. Cont'd. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Hollingsworth, seconded by Director Linkous, and by unanimous vote of the Board Members present, the meeting was adjourned at 8:15 o'clock P. M., to meet again in regular session on Tuesday, November 16, 1976 at 7:30 o'clock P. M.' ATTEST: qe-^— /� City Clerk APPROVED: Mayor !321 Board of Directors Chamber Little Rock, Arkansas November 16, 1976 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and'City Clerk Jane Czech and the following Directors present: Directors Keith, Linkous, Hollingsworth and Young - total 4; Absent: Directors Dailey and= Busseygilwtotal_2_otal 2: A quorum was declared present, and the proceedings of the meeting are herein recorded as follows:, The Invocation was given by Director Keith. Presented first for consideration were the Consent items, described as follows: (a) The Minutes of the previous meeting held on November 2, 1976. (b) A.Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of September, 1976. . (c) An Annual Statement of the Housing Authority of the City of Little Rock on Projects ARK 4 -1 /1 -1 for the Fiscal Year ending September 30, 1976. (d) The Financial Statements and Comments on Compliance and Internal Control of the Community ' Development Block Grant Funds (No. B- 75 -MC -05 -004) as of June 30, 1976, and applicable to Program Year 1975. (e) The financial statements of the Comprehensive Employment and Training Program (CETA) Grants, as administered by the Central Arkansas Consortium, for a Fiscal Year Program ending June 30, 1976, and a Summer Program ending September 30, 1975. (f). Resolution No. 5,622, entitled: A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE MATTER OF AMENDING THAT PART OF THE CODE OF ORDINANCES PERTAINING TO LICENSE AND PRIVILEGE TAXES; AND FOR OTHER PURPOSES. (g) Resolution No. 5,623, entitled: A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1977; AND FOR OTHER PURPOSES. (h) Resolution No. 5,624, entitled: ._ A RESOLUTION AWARDING CONTRACTS FOR VARIOUS ITEMS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (Contracts for 15- passenger van for Granite Mountain Senior Citizens; carpeting for new Central Fire Station; automotive upholstery work; rock salt and calcium chloride; and one 25- cubic -yard sanitation truck) (i) ..Resolution No. 5,625, entitled: A RESOLUTION AWARDING.A CONTRACT FOR.ALTERATIONS.AND ADDITIONS TO THE CITY MATERIAL YARD BUILDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES.. (Contract to Harper General Construction.Company). . By motion of Director Young, seconded.by.Director Hollingsworth, with all Board Members present voting Aye, the Consent items were.dispensed with as foZZows:. (a) The minutes were approved as written and summarized.to the Board of Directors; (b, c, d & e) The-reports were received and fiZed; (f,.g, h & I) Resolutions No. 5,622, 5,623, 5,624 and 5,625 were read in full and adopted. , The following Zoning Petitions, as approved by the Planning Commission, were then presented: Z -3071 -. From L..S. Woolsey to rezone property.located.at_5220.West 12th Street, described as Lots 1, 2 &.3 of,Block.25, Cunningham Addition to the City of Little.Rock,.Arkansas, from "B" Residence District to "F" Commercial District..... Z -3072 - From Farmers Union Mutual Insurance Company to rezone property located at,5300 West 12th Street (See Petition for lengthy legal description) from "B" Residence District to "F" Commercial and "E -l" Quiet Business Districts. - - As there was no one present who wished to speak in.opposition,to the rezoning of.the above- descr-lbed properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,213 as fo lows) I L22' III -- - -- - NOVEMBER 16, 1976, Cont'd. Ordinance No. 13,213 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OE THE CODE OF ORDINANCES OF.THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion from Director Linkous, seconded by Director Keith, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect;. and the Ordinance was then read the second time. A sub- sequent motion was made at this time by Director Keith, seconded by Director Dailey, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was adopted by unanimous vote'of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect;. and there was.a third and last reading of the Ordinance. The ensuing roll call vote taken on the passage of the Ordinance received the following response: Ayes - Director Keith, Mayor Wimberly, Directors-Linkous, Hollingsworth and Young - total 5; Noes - None; Absent - Directors Dailey and Bussey - -total 2; The Ordinance was declared PASSED. The next presentation was the appeal of Arthur M. Cooper, Jr.,of the Planning Commission's denial on September 30, 1976 of Zoning Petition No. Z- 2985 -A to rezone property located at 8220 Cantrell Road, containing a lengthy legal description as shown on the Petition, from "A" One- family District to "E -1" ' Quiet Business District. As a Public Hearing had been designated for this time and place, with receipts of Notice thereof having been duly filed in the Office of the City Clerk, Mayor Wimberly declared the Public Hearing.to be open. The attorney.for the Petitioner, Mr. Allen Bird, called attention to the existence of "F" Commercial property adjacent on -the east of the subject property, and contended that approval of the: "E -1" request -would allow the subject property to serve as a buffer area between the commercial and residential property and thus prohibit further encroachment of commercial zoning into the residential area to the west. Mr. Bird also stated that the Petitioner could not sell his property for its appraised value without the requested rezoning. Opposing the zoning request were Mr.- and Mrs. 'James A. Jackson of 8330 Cantrell Road, represented by Attorney Robert Brown, who.maintained that the property was zoned "A" when purchased, should remain -so, and -that 200.home- owners.to the west should not be forced to deal with the results of a zoning change accomplished solely'for the purpose of enhancing the value of this particular piece -of property-.. Contending that his clients were highly motivated to main- tain the residential character of the neighborhood; Mr. Brown suggested that the property cofild- presently be sold for residential purposes at a considerable.profit over its 1965 purchase price of $42,500, plus an additional price of $5,500 which the Petitioner paid shortly thereafter for the adjacent lot to the. east of the residence. Should this zoning request be approved by the Board of Directors, litigation proceedings would be.instigated, Mr. Brown added.. Also opposing the zoning request, Mr. Finley Vinson expressed the opinion that the residential property was devaluated at the time of purchase in 1965, being situated in the immediate vicinity of commercial establishments, but he contended that the present residential value of the property should be approximately $80,000 which would represent a substantial profit to Mr. Cooper. Mr. James Finch; Director of the City's Comprehensive Planning Department, advised that the Staff's position had been to approve the zoning as requested, with this action to reflect an intent.to terminate the westward expansion.of commercial zoning on Cantrell Road. Mr. H. C. Coburn of 8350 Cantrell Road, introduced_himself..as_ the general contractor who built the residence in question, and maintained that the adjacent.lot on the east was "perfect" for residential construction. The Public Hearing was then declared closed, and a proposed Ordinance to reclassify the subject property was placed on first reading. (See proposed Ordinance, as follows) ' There was presented a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 8220 CANTRELL ROAD IN THE -CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY.OF LITTLE ROCK,.ARKANSAS; AND FOR OTHER PURPOSES; i/ i NOVEMBER 16. 1976. Cont'd. and the Ordinance was read the'-first time A motion then followed from Director Young, seconded by Director Linkous, that the rules be suspended and the Ordinance be 'placed on second reading, which motio '- was unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors- elect. There was a second reading of.- the'Ordinance and an ensuing motion, made and seconded by Directors Linkous and Keith, respectively, for a further suspension of the rules and the placing of .the Ordinance on its third and final reading. The motion was subsequently" adopted by unanimous vote of the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors = elect; and the Ordinance was then read the third and last time. An aye-and no vote was taken at this time on the passage of the Ordinance and resulted as herein descri Ayes - None; Noes - Director Keith, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 5 Absent - Directors Dailey and Bussey —total 2. Accordingly, it was announced that the Ordinance had FAILED TO PASS. Presented at this time was the Petition of Moon Realty,.'3nc., H & M Realty Company, and Hastings Realty Company requesting the vacating and closing of portions of Vance, McAlmont - and East 30th Streets and two unnamed alleys, all located within Bragg's Second Addition, Watkins Addition, and Rapley Estates as approved by the Planning Commission. A Public Hearing had been designated for this time and place by Resolution No. 5,609, with Notice thereof having been duly published on October'22, 1976 and October 29, 1976. Following an announcement by Mayor Wimberly that the Public Hearing was officially open, a statement was made by City Manager Carleton McMullin that 35 feet of the-right-of-way should be reserved to allow full capability for any future development and widening of the street. 'Director Kei with the City Manager's request for the right- of- way.reservation, and requested that the Petition be referred back to the staff to negotiate an agreement pertaining to'the right -of -way in-this matter. It was explained by Mr. James Finch, Director of the Comprehensive Planning Department, that this was not a Staff-oversight and that right -of -way requirements for streets and improvements are customarily incl in the development plans. Mr. Harry Hastings; Jr., one of the Petitioners, was present and agreed to discuss this subject with the Staff. A motion was then made by Director Hollingsworth,,seconded"by Director Young, "that this matter be.delayed until the Staff and the applicants can work out a-solution to the right -of -way problem.." The motion was- adopted,by unanimous voice vote of the Board Members present; therefore, the Public Hearing was continued until such time as the right -of -way question is resolved: The Ordinance was not presented-at - this time. Again presented was the request of Dewey L. Buffington, Jr -., to vacate and close a portion of Ballinger Road, which request had been approved by-"the Planning Commission. Notice of the Public Hearin which had been designated for this time and place,'had been published-on October 22, 1976 and October 29 1976; and receipts for individual-notices to property owners in the immediate vicinity-had been filed in the Office of the City Clerk. Mayor Wimberly'declared the Public Hearing to be open at this time; and,the'first speaker was Mr. William L. Moore who.questioned the extent to which Ballinger Road would be closed and requested that 30 feet of the 40 -foot right -of -way of Ballinger Road-be closed between Battle and Lancaster Roads, with the remaining 10 feet of- right -of -way allowing" access to the rear of his property. Mr. Bob Holloway,- an Engineer- for-the project proposed by the Petitioner,'and Mr. James Finch, Director of-.the Comprehensive Planning Department of the City, concurred in their approval -of Mr. Moore's request. 'Subsequently a motion-was made by Director Young, seconded by Director Linkous, "that all of Ballinger Road from Battle to Lancaster Roads, with the - exception of the -north 10 feet, be closed." The motion was adopted by unanimous voice vote of the members of the Board of Directors present, and an Ordinance providing for this street closure.was placed on first reading. (See Ordinance No. 13,214, as follows) Presented at this time was Ordinance No. 13,214, described as: - AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OE LITTLE ROCK, ARKANSAS;'VACATING AND CLOSING ALL OF BALLINGER ROAD IN THE CITY OF LITTLE ROCK FROM BATTLE ROAD TO LANCASTER ROAD, WITH THE EXCEPTION V_ 324 -AL NOVEMBER 16,-1976, Cont'd. OF THE NORTH TEN FEET THEREOF; AND FOR-OTHER PURPOSES; with said Ordinance being read the first time. The-rules were then suspended and the Ordinance placed on its second reading by a motion from Director.Young, seconded by Director Linkous, and unanimously ' adopted by the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; after which a motion was made by Director Keith, seconded by Director Linkous, that the rules again be suspended and the.Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of -the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No vote taken on-the passage of the Ordinance received.the following response: Ayes - Director Keith, Mayor Wimberly, Directors Linkous and Young.- total 4; Noes - None; Abstaining - Director Hollingsworth - total 1; Absent - Directors Dailey and Bussey —total 2. It was therefore announced that the Ordinance had been PASSED. Ordinance No. 13,215 was presented, with the title being: AN ORDINANCE APPROPRIATING FUNDS TO DEFRAY ADDITIONAL COSTS IN THE.RENOVATION OF THE MUNICIPAL COURT FACILITIES; AND FOR OTHER PURPOSES; (Appropriation of $180;000) and there was a -first reading of the Ordinance, followed by a motion from Director Hollingsworth to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Young; adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and.the second reading of the Ordinance ensued. The rules were again suspended to allow for the- third-and.final reading of the Ordinance by a subsequent motion, again-made and seconded by Directors.Hollingsworth and Young, respectively; and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, and the resulting Aye and No vote taken on the passage of the Ordinance received the following response:: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 5; Noes - None; Absent - Directors Dailey and Bussey - .total,2. The Ordinance.was declared PASSED. . The next item presented for consideration.was Ordinance No. 13,216, entitled: AN ORDINANCE AMENDING ORDINANCE NO.. 13,174 PERTAINING TO FEES AND SERVICE CHARGES FOR VARIOUS CITY SERVICES; AND FOR OTHER PURPOSES; ' (Pertaining to Loading Zones) which Ordinance was read the first time. There was a motion which followed from Director Hollingsworth, seconded by Director Keith, to suspend the.rules and place the Ordinance on its second reading. The motion was unanimously adopted by.the'Board.members.present, being.five in number and two- thirds or more of,the members -of the Board of Directors- elect; and-the Ordinance was then read the second time. At this time, the rules were again suspended to allow for the third and final reading of the Ordinance by a motion made by Director Linkous, seconded by Director Hollingsworth, and unanimously adopted by the Board Members present, being five in number and - .two - thirds -or more of the members of .the -Board of Directors-elect.--,The third and last reading.of the Ordinance was followed by an Aye and'No vote taken on the passage of the Ordinance and 'resulting as follows: .Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Hollingsworth and Young -- .total 5; Noes - .None; Absent - Directors Dailey and Bussey - total 2. It was then announced.that the Ordinance had been PASSED. At this point, Ordinance No. 13,217 was presented,.with the title being: ' AN ORDINANCE CONDEMNING TWO PARCELS,'OF REAL PROPERTY WITHIN THE CITY OF LITTLE ROCK, ARKANSAS FOR STREET AND RELATED PURPOSES AND FOR A SANITARY SEWER EASEMENT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS; AND FOR OTHER PURPOSES; - (Portion of Hinson Road and Portia Drive, lying within Longlea Addition and East Morris Heights Addition) 3251 NOVEMBER-16; 1976, Cont'd. and after a first reading of the Ordinance,-a discussion ensued pertaining to a conflict of ownership of the property involved. .This site is presently being developed as a residential area by Mr. Floyd ' Fulkerson, who advised that he was.informed after considerable improvement to-the property by his firm that there.was a discrepancy of ownership, and in fact, approximately one -third of the property was owned by another person. Mr. William L. Owen,`attorney for Mr..Fulkerson, explained that the developer was totally unaware of the conflict of ownership when the initial - improvements were made and, sub- sequently, the claimant is now requesting that the property in dispute be purchased at a -price of ?'_ $39,000 or returned to its natural state. City Attorney Joseph C. Kemp ruled•at this time that the developer would be liable for-the condemnation cost and would subsequently be required to reimburse the City in the amount of $39,000.' Director Hollingsworth then made a motion, seconded by Director Linkous, that the rules be suspended and the Ordinance be placed on its second reading; with the motion being. unanimously adopted'by the Board Members present, being five in number and two- thirds:or more of the members of the Board of Directors - elect. The Ordinance was read the second -time, followed by a sub- sequent motion from Director Linkous that the.rules again be suspended to.provide: for the third and final reading of the Ordinance at this time. The motion was seconded by Director Hollingsworth; unanimously ' adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and the third and last.reading of the Ordinance ensued. The - question of the passage of the Ordinance was then submitted to an Aye and No vote, which resulted as.follows: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Hollingsworth and Young.- total 5; Noes - None;'_ Absent - Directors Dailey and Hussey - total 2. Therefore, the Ordinance was declared PASSED ;. ..There was presented Resolution No. 5,626, entitled: A RESOLUTION REQUESTING THE- PULASKI COUNTY QUORUM COURT TO LEVY A MOTOR'-VEHICLE TAX AND CALL A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING -THE QUESTION TO THE QUALIFIED VOTERS IN THE COUNTY AS PROVIDED FOR BY ACT 446 OF 1965 AS AMENDED; AND FOR OTHER PURPOSES;. and the Resolution was read in its entirety.- A.motion.was then made by Director Linkous, and seconded by Director Hollingsworth, which resulted in a roll call-vote whereby the Resolution was adopted as herein described: Ayes - Mayor Wimberly, Directors - Linkous, Hollingsworth and Young - total 4; Noes - Director Keith - total. l; Absent - Directors Dailey and Bussey - total 2. Introduced at this time was Resolution No. 5,627, described as: A RESOLUTION AUTHORIZING THE EXECUTION OF EASEMENTS FOR THE USE AND BENEFIT OF THE LITTLE ROCK- - ' MUNICIPAL WATER WORKS; (Across War Memorial Park) and there was a full reading of the Resolution., A motion was made by DirectorLinkous,.seconded by - Director Young, that the Resolution be adopted.. The-resulting roll call vote provided for adoption of: the Resolution as follows: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Hollingsworth and Young.- total 5; Noes — None;- Absent.- Directors Dailey and Bussey - total-2. ..A proposed Ordinance was then presented, with the title being: ' AN ORDINANCE PROHIBITING THE'POSSESSION, MAINTENANCE OR KEEPING OF INNATELY WILD AND NON- DOMESTIC ANIMALS AND REPTILES WITHIN THE.CITY LIMITS OF LITTLE,ROCK; PROVIDING A PENALTY; AND FOR OTHER PURPOSES; with the - Ordinance then being read•the first.time. At this time, Director Young, seconde& by, Director. Hollingsworth, made a motion described as follows: "To amend the Ordinance toap'rohibit the saZe of hides.or any parts of--the ' anatomy of any animal on the endangered species Zist." Present-at-the meeting was.Mrs: -.Anne Thompson, President of the Arkansas Animal- Control Association and Director of the City's Animal Control Department, who presented the following proposed amendments to the Ordinance:' i 326 - NOVEMBER 16, 1976, Cont'd. "Section 1. Add monkey, bear, .skunk, fox,..bobcat, raccoon, opossum, cayote, and any other predators covered by the state -game laws. EXCLUSIONS: Laboratory species such as white rats, guinea pigs, gerbils, hamsters, and chinchillas. Section 2. Add 'saZe'.to 'possession, maintenance, or.keeping.' A-Z ttZe , Rock Animal Control now has the responsibility to investigate and enforce aZZ other animal Zaws in this City and shouZd.enforce provisions in this Ordinance. Section 4. Should apply to sentry or trained =to -kill dogs unless special housing provisions are provided. - Section 5. The fine of not more than $Z00 will not encourage compliance. We suggest the maximum of $500 fine for violations be more in keeping with the severity of the problem. Last, we suggest an emergency clause to make this Ordinance effective immediately." Also present was Attorney Lanny K. Solloway and offered comments on the subject including a contention that the $500 fine recommended above would be- unreasonable, and suggested that more time is needed for study of the Ordinance and that a decision be deferred until a later date. As it was also the general consensus of the Board that further study should.be given to the proposed Ordinance and Amendments, the Ordinance was left on the calendar for second reading at a Zater date. Then presented was Resolution No. 5,628, entitled: A RESOLUTION SETTING A DATE FOR A PUBLIC.HEARING ON THE MATTER OF AN ORDINANCE REGULATING AND i CONTROLLING POLICE ALARM SYSTEMS; AND FOR OTHER PURPOSES; (Public Hearing to be.held December 7, 1976 at 7:30 o'clock P. M.) with said Resolution being read the first time. There was a motion at this time by Director Young, seconded by Director Hollingsworth, for.adoption of the Resolution. When the motion was submitted to a roll call vote, the Resolution was adopted as herein described: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Hollingsworth and Young.- total 5; Noes - None; .Absent - Directors Dailey and Bussey - total 2. At this point, Resolution No. 5,629 was introduced, with the title being: A RESOLUTION REPEALING RESOLUTION NO. 5,284; AUTHORIZING THE USE OF COMMUNITY DEVELOPMENT BLOCK I GRANT FUNDS TO PROVIDE ASSISTANCE FOR CERTAIN NATURAL GAS LINE REPLACEMENT REQUIRED AS A RESULT OF PUBLIC STREET-CONSTRUCTION PROJECTS; AND FOR OTHER PURPOSES; and, upon full reading of the Resolution, there was a motion by Director Hollingsworth, seconded by Director Keith, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Director Keith, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 5; Noes - None; Absent - Directors Dailey and Bussey - total 2. Considered at this time was REsolution No. '5,630, described as: A RESOLUTION PROVIDING FOR NONMETERED PARKING ON THAT PART OF MAIN STREET AND CAPITOL AVENUE LYING WITHIN THE DOWNTOWN METROCENTRE; AND FOR OTHER PURPOSES: (To be implemented on a 60 =dav trial basis, beginning November 16, 1976) and the Resolution was read in its entirety. Director Keith commented at this time that the meters should relate to the changing conditions, and that he would like to see consideration given to non - metered parking in the downtown area as.a means of .assisting the .merchants. The Resolution was then adopted upon motion of Director. Hollingsworth, seconded.by Director Keith, and the following roll call I vote: Ayes - Director Keith, Mayor Wimberly,..Directors- Linkous, Hollingsworth and Young - total 5; Noes - None; Absent - Directors Dailey and.Bussey - total 2. , ✓j -I 32'7 _NOVEMBER 16; 1976, Cont'd. The final item of the Official Agenda to be considered was Resolution No. 5,631, entitled: A RESOLUTION COMMENDING ADEN:GORDON FOR HIS MANY YEARS OF SERVICE AS AN EMPLOYEE OF THE CITY OF LITTLE ROCK, ARKANSAS; i and there was a full reading of-the Resolution, which was subsequently adopted upon motion of Director Young, which was seconded.by Director Linkous :and adopted by the following roll call vote: Ayes -. Director Keith, Mayor Wimberly', Directors Linkous, Hollingsworth and Young - total 5; Noes - None; Absent - Directors Dailey and'Bussey - total 2. After a brief discussion,. it was the general consensus of the Board Members that no Agenda Meeting would be held prior to the next`regular meeting of the Board of Directors on December 7, 1976. An Executive Session of the Board of Directors, with Chief of Police Gale F. Weeks present, was requested by Director Linkous: A date for the session was not specified at -this time. There being no further-business-to be presented or to come before the Board of Directors, upon motion of Director Linkous, seconded by Director Hollingsworth, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:40 o'clock P. M., to meet again in regular session ' on Tuesday, December 7, 1976. ATTEST: APPROVED: City Clerk Mayor i I Board of Directors Conference Room Little Rock, Arkansas I November 24, 1976 - 2:00 P. M. , The Board of Directors of the City of Little _Rock, Arkansas met for the purpose of recessing into Executive Session requested by Director Dwight Linkous at the Board of Directors Meeting on November 16, 1976, with Mayor Wimberly presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. A quorum was declared present, and the proceedings of the meeting are herein recorded as follows: Mayor Wimberly then announced that the purpose of the Executive Session was to discuss Police Chief Gale F. Weeks. Upon question by Director Hollingsworth, Director Linkous advised that he wanted to ask Chief Weeks some questions and if the answers weren't satisfactory, he would recommend "we discipline the Chief or ask the City Manager to seek his resignation or to fire him." At this point, Director Linkous made a motion, seconded by Director Dailey that the Board move into Executive Session. The motion was adopted by unanimous voice vote. 1. I _ Board of Directors Conference Room i Little Rock, Arkansas November 24, 1976 - 5:20 P. M. - I The Board of Directors reconvened from Executive Session with Mayor Wimberly presiding and i Jane Czech, City Clerk, calling the roll with the following Directors present: Directors Keith, Dailey, Linkous, Bussey, Hollingsworth and Young - total 6; Absent - None. There was again, a quorum in attendance and Mayor Wimberly made the announcement that the Board of Directors had voted unanimously not to discipline Chief Weeks, that their questions had been answered satisfactorily, but added, "we do express concern as to problems in management within the Police Depart- ment and we direct the City Manager to give intensive assistance in improving management techniquest' _ in the department and report to this Board as to policy recommendations to affect meaningful changes." ' There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Hollingsworth, seconded by Director Dailey, and by unanimous vote of the Board Members present, the meeting adjourned at 5:25 o'clock P. M., to meet again in regular session on Tuesday, December 7, 1976 at 7:30 o'clock P. M. ATTEST: (�1 APPROVED: City Clerk Mayor I Board of Directors Chamber Little-Rock, Arkansas December 7, 1976 - 7:30 P. M. The Board of Directors of the-City of Little Rock, Arkansas met in regular session with Mayor Wimberly presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Dailey, Linkous and Young - total 4; Absent: Directors Bussey and Hollingsworth - total 2. A quorum was declared to be present, and the.proceedings of the meeting are.recorded as follows: The Invocation was given by Director Linkous. Presented first from the Official Agenda were the Consent items, described as follows: (a) The Minutes of the previous meeting held on:November 16, 1976. (b) The Rate Schedules R7, R4A, G7, G4P and M23 of the•Arkansas Power and Light Company. (c) The Abstract of 'Votes cast.in the November 2, 1976 General Election for Little Rock City Directors, Little Rock Municipal Judges, and on the Initiative Petition on Electric Rates. (d) Resolution No. 5,632, entitled: A RESOLUTION AWARDING CONTRACTS FOR -VARIOUS ITEMS;-AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. ' (Curbs, gutters and sidewalks in War Memorial and MacArthur Parks; Basketball Courts at Swaggerty Park, 9th and Pulaski Streets; Bread for Little Rock Zoo, Day Care Program and'City Jail; Asphalt Dryer and Tower Repair Parts) (e) Resolution No. 5,633, entitled: A RESOLUTION AWARDING CONTRACTS FOR EMERGENCY WARNING SIRENS AND EQUIPMENT TO BE USED BY THE CITY OF LITTLE ROCK, ARKANSAS IN CIVIL DEFENSE MATTERS; AND FOR OTHER PURPOSES. By a motion from Director Keith, seconded by Director Dailey, and a roll call vote in which all members present voted Aye, the Consent items-were dispensed with as folZows: (a) The Minutes of the previous meeting were approved as written and summarized to the Board Members; (b & c) The Rate Schedules and Abstract of Votes were received and filed; (d & e) Resolutions No. 5,632 and 5,633 were read in full and adopted. Director Hollingsworth was enrolled at this point. Again presented was the request of the Little Rock Wastewater Utility for the vacating and closing of a portion of an-alley lying 'between Lots 4,.5, 6; 7,.8 and 9 in Block 5 of the A. E. Callaway Addition to the City•of.Little Rock, Arkansas. :As.a Public Hearing had been designated for this time and place by Resolution No. 5,615, with notice thereof having been duly published on November 12, 1976 and November.19,:.1976 in accordance with.City Ordinance requirements,,Mayor Wimberly declared the Public Hearing open and invited all interested.persdns to appear and be heard thereon. The first person.to be heard was Mr. Charles McElroy, owner of an automobile repair garage located on,property which abuts the alley in question..-Mr. McElroy stated:that.he had paid $1,000 to- get:the alley opened, and that it was the only access.he had_to his garage. He also objected to the proposed closing on.the grounds that it would hamper the.operations'of police, fire andrsanitation facilities in-the area. Speaking for the Wastewater Utility, Attorney Frank-Cox-advised that his client/ had.owned three.lots�on Arch Street_ running north from 34th Street for some time and now wished to expand this area which is used for a storage yard to include the three lots directly to the west and adjacent to the subject alley. Mr. Cox stated that permission had,been.obtained_ from the Highway-Department to construct a curb and gutter along Arch Street and move the Wastewater Utility fence back in order that the - objector might have access from Arch Street. It was also stated by Mr. Cox that the Wastewater Utility would consider constructing an access drive-for Mr; McElroy off Arch.Street; however, Mr; Jerry,Gardner of the Waste- water Utility insisted that no such offer had been made at this time. Mr. Gardner added, however, I I✓ DECEMBER 7, 1976, Cont'd. that if the Board of Directors feels this is a necessary requirement for closing the alley, the Waste- water Utility would most likely comply. A motion was then made by Director Young, and seconded by Director Hollingsworth, "that the request be deferred untiZ the next meeting (December 2Z) to alZow time for the Wastewater Utility, Mr. McEZroy and the City's Staff to discuss this matter and arrive at an agreeable solution." The motion was adopted by unanimous voice vote of the Board Members present, and the Public Hearing was then declared closed. The Ordinance providing for closure of this alley was not presented at this time. The next presentation was the Petition of Jerry E: Johnson, William H. Vinsett and Paul D. Morriss, Jr. requesting the vacating and closing of the alley in Block 112 of the John Barrow Addition, which Petition was approved by the Planning Commission. Documents included with the Petition were a letter from the Little Rock Abstract Company certifying to the -last apparent owners of record of the property abutting the alley, and a certified copy of the plat of the John Barrow Addition to the City of Little Rock as recorded in the.office.of.the Pulaski-County Circuit Clerk in Plat Record Book No. 1 at Page 55. (See Resolution No. 5,634,.as follows, which sets the date for Public Hearing for 7:30 o'clock P. M., January 4, 1977) There was presented Resolution No. 5;634, entitled: - RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF ' HEARING ON THE PETITION TO VACATE THE ALLEY IN BLOCK 112 IN THE JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Resolution being read in full and thereafter adopted upon motion of Director Young, seconded by Director Hollingsworth, and the following roll call vote: 'Ayes Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollingsworth and Young - total 6; Noes - None; Absent - Director Bussey - total 1. A Public Hearing had been continued from November 16, 1976 until this time on the Petition of the Moon Realty, Inc., H & M Realty Company and Hastings Realty Company to close portions of Vance, McAlmont and East 30th Streets and two unnamed alleys, all located in Bragg's Second Addition, Watkins Addition and Rapley Estates. However, it was announced by Mayor Wimberly that this item had�been withdrawn from the Agenda to allow additional time for the Petitioner and the City's staff to resolve the right -of -way question raised in connection with the proposed closures, and that the subject would be placed on the agenda for continuation at a later date. ' Presented for consideration at this time was Resolution No. 5,635, described as: A RESOLUTION OF THE LITTLE ROCK BOARD OF DIRECTORS ACCEPTING THE "RECOMMENDATIONS FOR GROWTH POLICY IMPLEMENTATION" AS SET FORTH IN BOOZ, ALLEN & HAMILTON'S MEMORANDUM DATED SEPTEMBER 23, 1976; AND FOR OTHER PURPOSES; and there was a complete reading of 'the Resolution. The ensuing discussion was prefaced by a request from Director Dailey that a decision in this matter be deferred until after the Board Members had had an opportunity to discuss the recommendations at length. However, Directors Young, Hollingsworth and Linkous concurred in the opinion that ample time had been dedicated to study, discussion, and public input pertaining to this subject,.and it should'be. submitted to a vote at this time. A state- ment from the Arkansas Community Organization for Reform Now (ACORN) was read by Miss Elaine Hanggi, requesting that final approval and adjustment of the recommendations be deferred to the 1977 Board of Directors, but expressing approval of the recommendations and offering the following amendments: "First, we think there ought to be a way of holding a public hearing, attended by the Planning Commission, on any controversial zoning decision. We propose that if any 25 persons sign a petition for.such a hearing that it'should be held in the affected neighborhood, in the evening, so that the majority of the affected residents can be heard. We also feel that the only way this petitioning process can work is to require the notification of everyone within 2,000 feet of the area in question and require more extensive notification for zoning DECEMBER 7, Cont'd. decisions involving more than 5 acres. Our second proposal -is that the City be divided into ten districts. Each district could elect at neighborhood meetings similar to the CDBG meetings, district representatives. representatives could then sit in equal numbers with the Planning Commission when zoning decisions involving their neighborhood heard. Then, along with the Planning Commission, the committee would make its are recommendations on approval or denial to the City Board." from the Board on the ACORN recommendations; however, at this time a motion was made No action followed and seconded by Directors Linkous.and Young, respectively, to amend the Resolution to provide "that no implementation shaZZ be started by this Board until a Director of- Comprehensive Planning has been hired, and that the Director shall have a working relationship with the Board of Directors in the implementation of the Booz, Allen,and Hamilton Plan." When submitted to a vote, the foregoing motion as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Hollings- was adopted worth and Young - total 6; Noes - None; Absent - Director Bussey -total 1. The Resolution was then followed by a motion from Director Hollingsworth, seconded by Director You that the read, as amended, Resolution be adopted. A roll -call was taken whereby the Resolution, as amended, was adopted by the following vote: Ayes - Directors.Keith and .Dailey, Mayor. Wimberly, Directors Iinkous, Hollingsworth and Young - total 6; Noes - None; Absent = Director Bussey - totah,l. Considered at.this time-was Ordinance No. 13,218 with the title being: -- AN ORDINANCE ACCEPTING THE ANNEXATION -OF- CERTAIN LAND IN THE CITY OF LITTLE ROCK, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF LITTLE ROCK AND ASSIGNING SAME TO WARDS; (Court Order dated September 29, 1976; annexation of tract at Hinson & Rainwood) _ and after a first reading of the Ordinance, Director Keith stated it was his opinion this was not a desirable annexation to the City.. It was explained by Mr. James Finch of the Comprehensive Planning Department that in order to obtain water and sewer.connections, the people in.this area had petitioned for annexation. Mr. Finch added that the staff found no alternative to the annexation after the petitioi had been approved in the County Court. Responding to an inquiry, City Attorney Joseph C. Kemp rules that "We have already annexed this.land by an order from the Court." The rules were then suspended to allow for the second reading of the Ordinance.by- a motion from Director Hollingsworth, seconded by Director You and adopted by unanimous vote of the Board Members present,, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; followed by a subsequent motion that'.the rules again be suspended and the Ordinance be placed on its third and final reading; with the motion being made'by Director Linkous, seconded by Director Dailey, and adopted by unanimous vote of the Board .Members,_present, being six in number and two- thirds,or more of the member . of the Board of Directors - elect. There was a third and last.reading._of' the- Ordinance and an ensuing Aye and No Vote taken on the passage of the Ordinance which received the following response: Ayes - Directo Keith;and Dailey,Mayor Wimberly; Directors Linkous, Hollingsworth and Young. - total 6; Noes - None; . Absent - Director Bussey — total 1. The Ordinance was declared PASSED. The subject of the 1977 Budget for the City of:Little Rock was discussed briefly at this time. City Manager Carleton McMullin suggested that the Board of.Directors schedule one more work session befo submitting the Budget to.the Board for action. By a motion from Director Hollingsworth, seconded by Director Linkous, which was unanimously adopted by voice vote of the Board Members present, the work session was scheduled for,2: -00 o'cZock P. M., Wednesday, December 15, 1996, and the proposed Z977 Budget for the City of Little Rock'was placed on the calendar for final consideration on December 2Z, Z976. Director Keith offered the comment that this is a deficit budget in which the proposed spending exceeds the revenue received, due to the use of a surplus from the 1976 Budget. Director Keith contended that the 1976 surplus should be used as a reserve, or unappropriated surplus, by the City. DECEMBER 7, 1976, Cont'd. Director Young was excused at this time. Introduced at this time was Ordinance No. 13,219, entitled: AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES, CHARGES,AND SPECIAL TAXES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF; AND FOR OTHER PURPOSES; (Franchise for the year 1977 - $1,910,000.00) with the Ordinance being read the first time._ The rules were -then suspended and the Ordinance placed on its second reading by a motion from Director Dailey, seconded by Director Linkous, and by unanimous vote of the Board Members present being five in number and two-thirds-or more of the members of the Board of Directors - elect. There was a second reading of-the Ordinance and an ensuing motion from Director Linkou seconded by Director Hollingsworth for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was unanimously adopted by.the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and the third and last reading of the Ordinance followed. An Aye and No vote was then taken on the passage of the Ordinance, with the resulting vote being: Ayes -- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Hollingsworth - total 5; Noes - None; Absent - Directors Bussey and Young - total 2. The Emergency Clause contained in Section 4 of the above described Ordinance was then read and adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Hollingsworth - total 5; Noes - None; Absent - Directors Bussey and Young - total 2. It was announced that the Ordinance and the Emergency Section had PASSED. There was presented Ordinance No. 13,220, described as: AN ORDINANCE AMENDING IN PART SECTIONS 1 AND 2 OF ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE TAX TO BE PAID BY ARKANSAS - LOUISIANA GAS COMPANY FOR THE YEAR 1977; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Franchise for the year 1977 $337,086.00) which Ordinance was read the first time; after which there was a motion from Director Dailey, seconded by Director Keith, for a suspension of the rules and the placing of the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A motion was then made by Director Hollingsworth, seconded by Director Keith, that the rules again be suspended and the Ordinance be placed on its third and final reading; with the motion being unanimously adopted by the Board Members present, .being five in number and two - thirds or more of the members of the Board of Directors - elect: There was a third and last reading of the Ordinance, which resulted in the question of the passage of the Ordinance being submitted to an Aye and No roll call vote which resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Hollingsworth - total.5; Noes.- None; Absent - Directors Bussey and Young - total 2. The Emergency Clause, described in Section 5 of the foregoing Ordinance, was read and adopted at t time by the following roll call vote Ayes.- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Hollingsworth - total 5; Noes - None; Absent - Directors Bussey and Young - total 2. It was then announced that the Ordinance and the Emergency Section had been.PASSED. Ordinance No. 13,221 was presented, with the title being: AN ORDINANCE AMENDING IN PART SECTIONS 2 AND 3 OF-ORDINANCE NO. 11,345 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE TAXES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1977; FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Franchise for the year 1977 - $523,150.00) W DECEMBER 7 1976, Cont'd. with the Ordinance being read . the first time. A motion was then made and seconded-by Directors. Linkous and Dailey, respectively, for a suspension of the rules to allow for the second reading of the Ordinance; and the motion was unanimously adopted by the Board Members present, being five in number ' and two- thirds or more'of the members of the Board of Directors - elect. The second reading of the Ordinance followed; after which a subsequent motion was made for a suspension of the rules and the placing of the Ordinance on its third and final reading. The motion was made by Director Dailey, seconi by Director Hollingsworth, unanimously adopted by the Board Members present, being five in number and - two- thirds or more -of the members of the Board of Directors- elect, and the Ordinance was then•read the third and last time. The resulting Aye and -No vote taken on the passage of'the Ordinance received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Hollings- worth - total 5; Noes - None; Absent - Directors Bussey and Young - total-2. The Emergency Clause, "outlined;;in Section 5 of the above- described Ordinance, was then read and adopted as-herein described: Ayes - Directors Keith and Dailey", Mayor Wimberly, Directors Linkous and. Hollingsworth - total 5; Noes - None; Absent - Directors Bussey and Young - total 2. The Ordinance and Emergency Clause were then declared PASSED." There was presented at this time Ordinance No. 13,222, containing the following 'title: AN ORDINANCE LEVYING A PRIVILEGE TAX UPON THE LITTLE ROCK MUNICIPAL WATER WORKS; AUTHORIZING PASSIN( ON SAID TAX TO RESIDENT WATER" CONSUMERS; AND DECLARING AN EMERGENCY;" i (Franchise for the year 1977 - $146,500.00) and there was a first reading of-the Ordinance. The rules were then suspended and the Ordinance was placed on its second "reading by "a motion made and seconded by Directors Linkous and Dailey, respectively and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of -the Board of Directors - elect. There was a second reading of the Ordinance, and an ensuing motion by Director Dailey that the.rules be further suspended to allow for the third and final reading of the Ordinance at this time. The motion was secoinded.by Director Hollingsworth, unanimously adopted' by the Board Members present,•being five in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The question of the passage of the Ordinance was at this time submitted to a -roll call:vote.which resulted.as follows:- Ayes - Directors Keith and Dailey, Mayor•Wimberly, Directors Linkous and Hollingsworth - total 5; Noes.- None;. Absent - Directors Bussey ".and'Young -- total.2: The Emergency Clause contained in.Section 4 of the foregoing Ordinance was then.read.and adopted by the following vote: Ayes - .Directors Keith and Dailey, Mayor Wimberly,,.-Directors:Linkous and.Hollings- worth:- total 5; Noes - None; Absent - Directors Bussey and Young —total 2. The Ordinance, together: with the.Emergency- Section,; "was declared PASSED. A proposed Ordinance, --and an alternate- Ordinance, to amend Section 31-11 of the- Code'of.Ordinances pertaining to unlisted telephone numbers was'- scheduled -for presentation at this-time;.however,,Mayor Wimberly, announced that•it.was the consensus of the Board to defer this subject at. present. .Accordingly the two Ordinances.were placed.on the.calendar for consideration at the meeting of December 21, 1976. Appearing on the Official Agenda was the - following proposed Ordinance: AN ORDINANCE PROHIBITING THE POSSESSION;.MAINTENANCE,OR KEEPING OF- 'INNATELY-WILD AND NON- DOMESTIC ANIMALS AND REPTILES WITHIN.THE CITY.LIMITS.OF LITTLE ROCK;,PROVIDING A PENALTY; AND FOR OTHER PURPOSES; which Ordinance was•read. first on November 16, 1976." Present at the meeting was Dr. James -S..Mittelstae of the University of Arkansas-Medical Center, who alleged that many ambiguities are contained in'the proposed Ordinance and recommended .as- a- guide,.an,Ordinance of,a: similar. nature. passed:- byithe_City of Wichita, Kansas. Dr. Mittelstaedt' contended that there was-a very definite need.for an Ordinance of this type and offered to assist the Board in re- writing the proposed Ordinance. Mr. Craig Scott, manager of a local pet shop, expressed a desire to. work. with.the.Board - in:re- writing the Ordinance and lit 4 stated that the Ordinance would not only affect -the general public, but business people as well. M IIIIIIIDECEMBER 7, 1976, Cont'd. No action was taken on the Ordinance at this time, and it was placed on the calendar for second reading on December 21, 1976. A Public Hearing had been scheduled by Resolution No. 5,628 for this time and place pertaining to a proposed Ordinance regulating and controlling Police Alarm Systems: Mayor Wimberly then declared the Public Hearing to be open, and City Manager Carleton McMullin advised that the proposed Ordinance had received the general approval of the Major financial' institutions of the City.. A.request was made by Sgt. R. B. Jones, of the Crime Prevention Bureau of the Little Rock Department, for assistance in regulating the use of individual alarm systems throughout-the City-. In discussing the many false alarms received during the year, Sgt. Jones insisted that the Police Department must have some relief from this situation and suggested that a larger fine be imposed for the offense. Sgt. Jones attributed the false alarms to "human error ", climatic conditions,.and inefficient equipment supplied by the manufacturer, whom he stated should-be held accountable for malfunctioning equipment. City Attorney Joseph Kemp ruled that the Board of Directors has the authority to impose a fine up to $500 in matters such as this and suggested that, due to the technical nature of the Ordinance, more time should be allowed for study of the subject. Two suggestions were made by Director Dailey which are described as follows: (1) That a, consistent fine in the amount of $25.00 be imposed for violations; (2) That the phrase "institutions having alarm systems required by law" be eliminated from the proposed Ordinance. At this time, the Public Hearing was declared closed; and a proposed Ordinance was placed on first reading. (See proposed Ordinance, as follows) There was presented aproposed Ordinance, entitled: AN ORDINANCE REGULATING AND CONTROLLING POLICE ALARM SYSTEMS; PROVIDING PENALTY FOR VIOLATIONS THEREOF; AND FOR OTHER PURPOSES; and said Ordinance was read the first time, and subsequently left on the calendar for second reading on December 21, 1976. Next presented was Resolution No. 5,636, described as: A RESOLUTION GRANTING .A FRANCHISE TO PARK INVESTMENT COMPANY TO CONSTRUCT A-LEVEE ACROSS CERTAIN LANDS OWNED BY THE CITY; AND FOR OTHER PURPOSES; (Melba Drive and University Avenue, in-the vicinity of Rock Creek). with the Resolution being read in its entirety. A motion then followed from.Director Hollingsworth, seconded by Director Linkous, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith and Dailey,.Mayor Wimberly, Directors Linkous and Hollingsworth - total 5; Noes —None; Absent - Directors Bussey and Young - total 2. A discussion then centered upon Governor David Pryor's'Home Rule proposal, also known as "The Arkansas Plan ", and support for this proposal was expressed by Director Keith, who stated that "the original concept is that smaller units of government address to the needs of the people better than the larger.units." Director Dailey stated that he would like to support the Governor's plan but could not unless modifications were first made. A statement was made by City Manager Carleton McMullin that "we are dealing with a concept - -the Arkansas Plan is home rule for counties, with total deletion of cities and towns. Should they come forth with a proposed modification bill which would be acceptable to the cities, then I could support it." Director Keith'contended at this time that almost every levy made by the City is regressive due to the legislature and, therefore, some comment is in order. (See Resolution No. 5,637, as follows) Subsequent to the foregoing discussion, Resolution No. 5,637 was presented, with the title being: A RESOLUTION ENDORSING AND APPROVING THE CONCEPT OF HOME RULE FOR MUNICIPALITIES IN THE STATE OF ARKANSAS; AND FOR OTHER PURPOSES; with there being a full reading of the Resolution. A motion from Director Keith, seconded by Director Linkous, resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors DECEMBER 7; 1976, Cont'd. Keith and Dailey. Mayor Wimberly, Directors Linkous and Hollingsworth - total 5; Noes - None; Absent - Directors Bussey and Young - total 2. ' Presented for consideration-at this time was Resolution No. 5,638, entitled: RESOLUTION OF AUTHORITY TO PUBLISH NOTICE; (Request by Leird Church Furniture Manufacturing Company, Inc., pertaining to Act 9 Bonds; Public Hearing'designated for 7:30 o'clock P. M., December 21, 1976) •conditions existing on Cantrell Hill during rainy weather. City Manager Carleton.McMullin- agreed to.- investigate and prepare a report concerning this problem. Director Linkous announced that at the next meeting of the Board of Directors he would introduce a Resolution pertaining to the restructuring of. the Board of Directors. There being no further busihess'to be presented or to come before the Board of Directors, upon motion of Director Hollingsworth, seconded by Director Linkous, and unanimously adopted.by the Board Members present, the meeting was adjourned.at 9:35 o'clock P. M. to meet again in regular session on Tuesday, December 21, 1976 at 7:30 o'clock P. M. yp ATTEST : Va7ity Clerk APPROVED: Mayor and after a complete reading of the Resolution; a motion by Director Hollingsworth, seconded by Director Dailey, resulted in adoption,.of the Resolution by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Hollingsworth - total 5; Noes - None; Absent - Directors Bussey and Young - total 2. Resolution No. 5,639 was introduced, and contained the following title: A RESOLUTION SETTING A-DATE FOR A PUBLIC-HEARING IN THE MATTER OF REZONING LOTS 23 AND,•24, BLOCK 13, HICKS INTERURBAN ADDITION; AND FOR OTHER PURPOSES; (Pursuant to Zoning Petition Z -3066 of Troy Braswell to rezone 1724 Junior Deputy Road from "A" One - family District to "F" Commercial District, which was recommended for denial by the Planning Commission; Public Hearing designated for 7:30 o'clock P. M., Tuesday, December 21, 1976) which Resolution was read in its entirety and subsequently adopted upon motion of Mayor Wimberly, seconded by Director. Keith, and by the following roll call vote: Ayes.- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous and Hollingsworth - total 5;_ Noes - None; Absent.- Directors.Bussey and Young - total 2. The Official Agenda having been completed at this time, a brief general discussion ensued.in which Director Dailey inquired as to the possibility of some corrective measures for the slippery and hazardous •conditions existing on Cantrell Hill during rainy weather. City Manager Carleton.McMullin- agreed to.- investigate and prepare a report concerning this problem. Director Linkous announced that at the next meeting of the Board of Directors he would introduce a Resolution pertaining to the restructuring of. the Board of Directors. There being no further busihess'to be presented or to come before the Board of Directors, upon motion of Director Hollingsworth, seconded by Director Linkous, and unanimously adopted.by the Board Members present, the meeting was adjourned.at 9:35 o'clock P. M. to meet again in regular session on Tuesday, December 21, 1976 at 7:30 o'clock P. M. yp ATTEST : Va7ity Clerk APPROVED: Mayor Board of.Directors.Chamber Little Rock, Arkansas _. December 21,•1976 - 7:30 P. M. The Board of Directors.of the.City of Little Rock,..Arkansas met in regular session with Mayor Wimberly presiding and City Clerk Jane Czech and the follbwing-Directors present: Directors Keith, Dailey, Linkous and Bussey - total 4; Absent: Directors Hollingsworth and Young - total 2. It was then announced that a quorum was present, and the meeting proceeded as herein described: The Invocation was given by Director Linkous. The first presentation from the Official Agenda consisted of the Consent items, described as follows: (a) The minutes of the previous meeting held on December. 7, 1976. (b) The Comparative Statement of- Income Account of the Little Rock Municipal Water Works for October, 1976: (c) Resolution No. 5,640; entitled: A RESOLUTION REJECTING THE OPTION TO REPURCHASE TRACT A, AREA 101 IN THE LITTLE ROCK INDUSTRIAL PARK FROM FRANK W. ALLEN; AND FOR OTHER PURPOSES. By a motion from Director DaiZey; seconded by Director Linkous, and unanimously adopted by the Board Members present, the following action was-taken on the Consent Agenda: (a) The Minutes of the meeting of December 7, 1976 were approved as written and summarized to the Board of Directors; (b) The Comparative Statement was received and filed; and (c) Resolution No. 5,640 was read in full and adopted. Director Hollingsworth was enrolled at this time. The next presentation was Zoning Petition No.. Z- 2494 -A, submitted by W. V. Lewis, requesting the rezoning of property located at 1001 John Barrow Road, described as all of the west 374 feet, more or less, of Tract 2 of Hopson and Sach's Suburban Tracts of the City of Little Rock, Arkansas, from "A" One- family District to "F" Commercial District. The Petition had been approved, as amended, by the Planning Commission on-November 24, 1976. There was no one present to speak in opposition to the proposed rezoning; therefore a proposed Ordinance was placed on first reading. (See proposed Ordinance, as follows) There was presented a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 1001 JOHN BARROW ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with -said Ordinance being read the first time. Director Dailey questioned the projected usage of a large tract directly to the north of the subject property, and Mr. James Finch, of the Comprehensive Planning Department, responded that it was his understanding that this 80 -acre tract is being considered for commercial development by the owners at some future date. The right -of -way question was posed by Director Keith, and the applicant, Mr, Lewis,'responded that the right -of -way was adequate for the future widening of John Barrow Road, but was uncertain as to the exact amount of dedicated right -of -way currently provided. Mr. Finch also could not provide this information and stated that his survey did no show the right -of -way provision. Consequently, a motion was made by Director Keith, seconded by Directo Dailey, and unanimously adopted by the Board Members present, to leave the Ordinance on second reading until such time as right - of- -way information concerning this property is provided to the Board of Directors Zoning Petition No. Z -3087 was the next presentation, having been submitted by John R. Sullivan, , Trustee, and approved by the Planning Commission on November 24, 1976 to rezone property located on the southeast corner of Rodney Parham Road and .Green Mountain Drive, described as Lot 1, JMH Subdivision to the City of Little Rock, Arkansas, from. "A" One- family District to "F" Commercial District. A Resol of the Pleasant Valley Property Owners Association was read at this time by its president, Mr. John DECEMBER 21, 1976, Cont'd. in which opposition was expressed to any further commercial rezoning in northwest Little Rock until such time as the City has adopted a plan for orderly growth and development of the City. Director Dailey' contended -that the proposed rezoning is not as innocuous as it-may appear and if this recently annexed property which currently has.a -.non conforming commercial-usage, is approved for rezoning, other propert . in the immediate vicinity will-be presented for the same commercial rezoning, and a "dangerous precedent' will be established. -, There- was'no:further-discussi'on -and a proposed Ordinance to reclassify the subjec property was placed'on first reading. -(See-proposed Ordinanceg as follows) A proposed Ordinance was presented, with the title being: AN ORDINANCE RECLASSIFYING THE SOUTHEAST.CORNER -OF RODNEY PARHAM ROAD AND GREEN MOUNTAIN DRIVE IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,.ARKANSAS; AND FOR OTHER PURPOSES: with there being a first reading of the.Ordinance, followed by a motion by Director Dailey that the rule be suspended and the Ordinance be placed on its second reading. The motion was seconded by Director Linkous, unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the second time. A sub- sequent motion was then made and seconded by Directors Hollingsworth and Keith,.respectively, for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being six in number and two -third or more of the members of the Board.of Directors- elect, and there was a third and last reading of the Ordinance. The ensuing Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - None; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Absent - Director. Young - total 1. It was announced that the Ordinance had FAILED TO PASS. I Presented at this time was an-appeal by Paul Stanfield of the Planning Commission's denial of Zoning Petition Z -3084 - to reclassify 3123 Fair Park Boulevard, described as Lots 3, 4 and the South 34.8 feet of Lot 5, Block 13, C. 0. Brack's Addition to the.,City of Little Rock, Arkansas, from "B" One - family District to "F" Commercial District. A motion was made by Director Hollingsworth, seconded by Director Keith, and unanimously adopted by the Board Members present, which set the date of a Public Hearing on this zoning issue'-for.Tuesday, January 4, 1977 at'7:30 o'clock P. M. A Public Hearing had been scheduled for this time and place by Resolution No. 5,639 to hear argument on the appeal by Troy Braswell of the Planning Commission's denial of his Petition (Z -3066) to rezone property located at 1724 Junior Deputy Road, described as Lots 23 and 24 of Block 13', Hicks Interurban Addition, from "A" One - family District.to 'T' Commercial District. As Notice.of the Public Hearing had been duly published on December 10, 1976, and receipts of individual notices to.surrounding property owners had been filed in the Office of the City Clerk, the Public Hearing was declared to be open. Attor Russell Reinmiller, representing the applicant, contended that this is a reasonable request and asked that the Board approve the Petition. The spokesman for approximately twelve residents of the area presen in opposition was Mr. Mike F. Shaw, who based the opposition of this group upon alleged inadequacy of the streets to handle additional traffic, the safety hazard anticipated, and the precedent such action would 11111set toward "spot zoning." The discussion then concluded, and a proposed Ordinance was placed on first reading. (See proposed Ordinance, as follows) At this time, a proposed Ordinance was presented, and described as: ' AN ORDINANCE RECLASSIFYING 1724 JUNIOR DEPUTY ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. The rules were.then suspended and the Ordinance placed on its second reading by a motion made and seconded by Directors Hollingsworth and Dailey, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the 338 DECEMBER 21. 1976. Cont'd. ensuing motion was made by Director Dailey, seconded by Director Hollingsworth, for a further suspension of the rules and the placing of the Ordinance on its third and final reading. The motion was unanimousl adopted by the Board Members present, being six in number and two - thirds or more of the members of the , Board of Directors - elect; and there was a third and last reading of the Ordinance. The resulting Aye. and No vote taken on the passage of the Ordinance is recorded as follows: Ayes - None; Noes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Absent - Director Young - total 1. Accordingly, it was announced.that the Ordinance had FAILED TO PASS. Considered at this time was Ordinance No. 13,223, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THAT PORTION OF THE ALLEY LYING BETWEEN LOTS 4, 5 AND 6 AND 7, 8 AND 9, in BLOCK 5, A. E. CALLAWAY ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance then being read the first time. A Public Hearing was held on this subject at the Board of Directors meeting of December 7;. 1976, at which time Mr. Charles McElroy protested the proposed closing of this alley on the grounds that it would make access extremely difficult -to his rear yard where he operates an automobile repair garage. Presentation of the Ordinance was deferred until this time by the Board of Directors in order to allow an interim time.for a solution to this problem to be decided upon by Mr. McElroy, the City's staff, and the Petitioner, the Little Rock Wastewater Utility. The opposition was removed at this time, as Mr. McElroy was again present and advised that the Waste- water Utility had agreed to build a suitable driveway to provide access to his repair business and he ha further objection to the alley closure. A motion was subsequently made by Director Hollingsworth, seconded by Director Bussey, and unanimously adopted by the Board.Members present, being six in number and .two- thirds or more of the Board Members present, for a suspension of the rules and the placing of the Ordinance on its second reading.- The Ordinance was read the second time and followed by a motion from Director Hollingsworth, seconded by Director Bussey, that the rules again be suspended to allow for the third and final readingof'the-Ordinance.at this time. The motion was adopted by unanimous vote of the Board Members present and the third and last reading of the Ordinance ensued. The question of the passage of the Ordinance was at this.time submitted to an Aye and No vote which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6 Noes - None! Absent - Director Young- total J. The Ordinance was declared PASSED. At this point, Ordinance No. 13,224 was introduced with-the description being: AN ORDINANCE APPROVING AND ACCEPTING.THE ANNEXATION TO THE CITY OF LITTLE ROCK CERTAIN LANDS LOCATED, IN SECTION 34, TOWNSHIP 2 NORTH, RANGE 13 WEST,.PULASKI COUNTY, ARKANSAS (RODNEY PARHAM ROAD); (Court Order dated August 16, 1976) and said Ordinance was read the first time. A motion then.followed from Director Bussey, seconded by Director Keith, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board. Members present, being.six in number and two - thirds or more of the members of .the Board of Directors - elect; and the Ordinance was read the second time. A subsequent motion was made and . seconded by Directors Bussey and Dailey; respectively, that the rules again be suspended to provide for the third and final.reading of the Ordinance at this time; with the motion bein adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. _There.was a third and last reading of the Ordinance; after which an Aye and No vote was taken on the passage of the Ordinance which resulted as follows:. Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes ' None; Absent - Director Young - total 1. The Ordinance was declared to have been PASSED. IIIIUI 1111111 1 DECEMBER 21,'1976, Cont'd. The next presentation was Ordinance No. 13 ;225, entitled: AN ORDINANCE AWARDING.CONTRACTS FOR COMPUTER TAPE DRIVES, RENOVATION OF THE HEALTH BUILDING, AND EXTENDING THE ANNUAL CONTRACT FOR COMMERCIAL TRASH COLLECTION; APPROPRIATING FUNDS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Bussey, seconded by.Director Hollingsworth, and unanimously adopted by the-Board•Members.present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, and an ensuing motion from Director Bussey, seconded by Director Keith, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of .the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young total 1. It was announced that the Ordinance had been PASSED. Ordinance No. 13,226 was .presented, with the title being: AN ORDINANCE AMENDING SECTION 1'OF ORDINANCE NO. 12,856 AS AMENDED BY SECTION 1 OF ORDINANCE NO. 13,077+ PERTAINING TO THE EMPLOYMENT, SALARY; AUTHORITY, DUTIES AND RESPONSIBILITIES OF CARLETON E. McMULLIN AS CITY MANAGER;.AND FOR -OTHER PURPOSES; and there was a first reading of the Ordinance It was suggested by Director Keith at this time that the subject be postponed until information could be furnished relative to the amount of allowance currently provided the City Manager.for automobile expense and an office in his homey and the effect th Tax Reform Act will have on these allowances.- Director Keith added that the two fringe benefits should be treated as part of the total.salary package. Director Linkous contended -that the chief executive officer of the City should be dealt with in the regular budgetary process and should be evaluated each year; and Director 'Hollingsworth.suggested that the chief executive officer should be evaluated in the same-manner as other employees.. Director Dailey was opposed to a deferral of this matter, stating that "we should deal with this tonight "; and subsequently.a motion was made by Director Keith, seconded by_ Director Hollingsworth;.. "that the Ordinance be amended to guarantee the City Manager a.4z% net increase in salary in 1977 over his-1976 salary." When submitted to a roll call vote, the amendment was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, and Director Hollingsworth - total 4; Noes - Directors Linkous and Bussey - total 2; Absent - Director Young - total-l. A motion was then made by Director Hollingsworth, seconded by Director Dailey, for a suspension of the rules and'the. placing of the Ordinance on its second reading. The motion was adopted by unanimous vote of the.Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, and the Ordinance_was. then read the second time. A subsequent'motion followed from Director Hollingsworth, seconded -by Director Dailey, that the rules again be suspended to alow for the third and final reading of the Ordinance, with the motion being unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No vote taken on the passage of the Ordi- nance and resulting as herein described: Ayes — Directors Keith and Dailey, Mayor Wimberly, and Director Hollingsworth - total 4; Noes.- Directors Linkous and Bussey - total 2; Absent - Director Young - total 1: The,Ordinance,.as amended, was declared PASSED. The Budget Ordinance - of.the -City of Little Rock, Arkansas for the year 1977 was presented at this time, being Ordinance No. 13,227, entitled: AN ORDINANCE PROVIDING.FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1977 AND ENDING DECEMBER 31, 1977; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN.PROVIDED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; December 21, 1976, Cont'd. with said Ordinance being read the first time; after which Director Keith again pointed out,that this Budget would provide for overexpending the City's revenues by 5 %. After a brief discussion, there was a motion by Director Hollingsworth, seconded by Director Keith "that the Ordinance be amended to inereas the City Attorney's budget in the swn of $2,700, to be allocated as the City Attorney directs." The motion was subsequently adopted by a roll call vote described as follows: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous;. Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. The rules were then suspended to allow for the second reading of the Ordinanc at this time by a motion made and seconded by-Directors-Hollingsworth and Dailey, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, and an ensuing motion by Director Hollingsworth, seconded by Director Dailey, to again suspend the rules and place the Ordinance on its third and final reading.. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the third and last time. The ensuing Aye and No vote taken on the passage of the Ordinance received the following response: Ayes.- Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth — total 6; Noes - None; Absent - Director Young - total 1. The Emergency Clause contained in-Section .10.of the foregoing Ordinance was at this time read and adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous; Bussey and Hollingsworth.- total .6; Noes None; Absent - Director Young.- total 1. It was announced that the Ordinances as amended, together..with,.the..Emergency Section, had been PASSED. There was presented-Resolution No....5,641,_described as: A RESOLUTION ADOPTING A PAY PLAN FOR PERSONNEL OF THE CITY OF LITTLE ROCK FOR THE YEAR 1977; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Dailey, seconded by Director Hollingsworth, which resulted in a roll.call.vote whereby the Resolution was adopted by the following vote: Ayes - Directors Keith and - Dailey; Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - •total -6; -. Noes - None; Absent -.Director-Young - total 1. Considered at this time-was a proposed Ordinance, containing the following title: AN ORDINANCE AMENDING CERTAIN SECTIONS..OF ARTICLE I OF CHAPTER 21 OF THE CODE OF ORDINANCES PERTAINING TO LICENSE AND PRIVILEGE TAXES;.AND FOR OTHER PURPOSES; with the Ordinance being read the first time.: An amendment was proposed by Director Keith "that the notary requirement be removed "; however, the motion . failed -for lack of a second. City Attorney Joseph C Kemp commented.that notarization had not - heretofore been required and that this is a new provision. A motion was made and seconded by Directors Linkous and Keith, respectively, to leave the Ordinance on second reading at present; and the- .resulting.roll -call vote received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly; Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director.Keith - total.l.... Accordingly, the Ordinance was placed on the calendar for second reading on January 4, 1977. Introduced at this time was Resolution No.- .5,642, described as: A RESOLUTION PERTAINING TO PAY SCALE FOR LITTLE ROCK FIRE DEPARTMENT FIRE- FIGHTER DRIVERS; with said Resolution being read in full. Mr. John Uekman, President of the Firefighters Local Union No. 44, spoke briefly and stated that he was not asking that the Board negotiate this issue, but to honor a commitment made more than a year ago to upgrade certain positions within the fire department. Director Keith contended that the City is over- spending its expected revenues by $1,000,000, and urged that additional sources of revenue should be found before initiating such action. Director Bussey then made a motion which was seconded by Director-Hollingsworth that the Resolution be adopted. The result- ing roll call vote then provided for adoption of the Resolution as follows: Ayes - Director Keith, i December 21, 1976, Cont'd. Mayor Wimberly, Directors Bussey and-Hollingsworth — total 4; Noes - Directors Dailey and Linkous - total 2; Absent Director Young - total 1, ' Presented for consideration at this point was Resolution No. 5,643, entitled: A RESOLUTION OF COMMENDATION; (To Directors Charlgs'Bussey, P. A. "Les" Hollingsworth and Jack Young, and Mayor Wimberly) which Resolution was read in full and subsequently adopted upon motion of Director Linkous, seconded by Director Keith, and by unanimous vote of the Board Members present. A proposed ordinance to amend the Code of Ordinances pertaining to non - listed telephones had been deferred from December 7. 1976. until this. time., However, upon motion, of Director Hollingsworth, s by Director Dailey, and by unanimous vote of the Board Members present, the proposed Ordinance was II II tabled, and an alternate Ordinance was presented, as follows. There was presented.Ordinance No. 13,228,.entitled•: AN ORDINANCE AMENDING.SECTION 31 -11 OF THE CODE OF ORDINANCES PERTAINING TO NON- LISTED TELEPHONES; AND FOR OTHER PURPOSES; which Ordinance.was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made and seconded by Directors Keith and Dailey; respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect.. There was a second reading of the Ordinance and an ensuing -. motion from Director Linkous, - seconded by.Director Hollingsworth, that the rules be suspended.and the Ordinance be placed on its third and final reading. The motion.was adopted by unanimous vote of the Board Members present, being six in- number and two- thirds or more of the members of the Board of Directors- elect; and the Ordinance was read the third and last time. The question of the passage of the Ordinance was at this time submitted to a roll call vote, which resulted as follows: Ayes - Directors.Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes None; Absent - Director Young - total 1. The Ordinance was then declared PASSED. Again presented was a proposed Ordinance, entitled: AN ORDINANCE REGULATING AND CONTROLLING POLICE ALARM SYSTEMS; PROVIDING PENALTY FOR VIOLATIONS THEREOF; AND FOR OTHER PURPOSES; which Ordinance was read the first time on.December 7, 1976. .In the ensuing discussion, the following ' two amendments, proposed by Director Dailey and seconded by Director Hollingsworth, were adopted: Amendment No. 1: "To amend Section 11 of the.Ordinance.to state that any violation of the provisions of this Ordinance shall be punishable by a fine of not more than $500, except in the case of false alarms where the fine shall be $25." The motion was adopted as follows: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous and Hollingsworth - total 4; Noes = Directors Keith and Bussey - total 2; Absent - Director Young - total 1. Amendment No. 2: "To delete in Section 9 the phrase which reads 'Twelve or, more false alarms within a twelve month period shall, upon recommendation of the Police Chief, - be grounds for the suspension or revocation of the owner or lessee permit by the Licensing Authority'." The motion was adopted as follows: Ayes - Director Dailey,, Mayor Wimberly, Directors Linkous and Hollingsworth - total 4; Noes - Directors Keith and Bussey - total 2; Absent -- Director Young - total 1. A recommendation was made by Director Keith, in which Mayor Wimberly concurred, that "any alarm agent which has more than a 5% malfunction record-during the period of a year, at the recommendation of the police chief, shall be subject to suspension or revocation of his alarm agent's permit "; however, this recommendation was not submitted to a vote. Calling attention to Section 3 -D of the proposed Ordinance as an example -of -the need for.further input; Mr. Owen Lyons of Gray's Security System.urged that more time be allowed "to..study and discuss this subject. At this time, there was a motion by Director Hollin worth, seconded by Director Bussey,.that this sub,jecz again be deZayed in order that.a work session couZd be heZd, and the motion was unanimously adopted by the'Board Members present. - i I i I December 21, 1976, Cont'd. A Public Hearing had been scheduled for this time and place by Resolution No. 5,638 on a proposed Ordinance pursuant to Act No. 9 of the First Extraordinary Session of the Sixty- Second General Assembly of the State of Arkansas, approved January 21, 1960, as amended, for the purpose of furnishing the IIIIIII ' permanent financing of the costs of securing and developing a manufacturing plant for Leird Church Furniture Manufacturing Company, Inc. As-notice of the Public Hearing had been duly published in a local newspaper on December 10, 1976, the Public Hearing was declared open. As there was no one present who wished to address to the issue, the Public Hearing was then declared closed and a proposed Ordinance was placed on first reading. (See Ordinance No. 13,229, as follows) Ordinance No. 13,229 was presented, with the title being: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF THE FIRST EXTRAORDINARY SESSION OF THE SIXTY- SECOND GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED JANUARY 21, 1960, AS AMENDED, FOR THE.PURPOSE OF PROVIDING PERMANENT FINANCING OF THE COST OF SECURING AND DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE); AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING THE ACCEPTANCE. OF A GUARANTY AGREEMENT; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE INDUSTRIAL PROJECT, THE CONSTRUCTING THEREOF AND THE FINANCING THEREOF; AND DECLARING AN EMERGENCY; { ' (Amount of Bond Issue - $600,000) which Ordinance was subsequently read the first.time. There was a motion which followed from Director Hollingsworth, seconded by Director Linkous, that the rules.be suspended and the.Ordinance placed on its second reading; with the motion being unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The second reading of the Ordinance was followed by an ensuing motion from Director Bussey, seconded by Director Keith, for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. The resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollings- worth - total 6; Noes - None; Absent - Director Young - total 1. The Emergency Clause contained in Section 8 of the foregoing Ordinance was read and then submitted to a roll call vote whereby it was adopted-as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and-Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. The Ordinance,-together with the Emergency Section, was declared PASSED. Next presented was Resolution No. 5,644,.with the title being: A RESOLUTION AUTHORIZING THE MAYOR AND.CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF LITTLE ROCK, ARKANSAS, A CONTRACT FOR THE PAYMENT OF CERTAIN.SUMS OF MONEY IN LIEU OF TAXES AND FOR OTHER PURPOSES; and the Resolution was read in its entirety...A motion was made by Director Bussey, seconded by Director Keith, that the Resolution be adopted. .The-resulting roll--call vote provided for adoption of the Resolution as- follows: Ayes - Directors Keith and.Dailey,.Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. Two Resolutions were scheduled for presentation at this time pertaining to amendments to the City Manager Form of Government Statutes of-the.State "of Arkansas, as proposed by Directors Linkous and Young. However, it was announced.by Mayor Wimberly that these items had subsequently been withdrawn from the Agenda. ' Presented.for consideration at this time was.Resolution-No. 5,645, described as: A RESOLUTION'AUTHORIZING A CONTRACT WITH SOUTHWESTERN BELL TELEPHONE COMPANY FOR TELEPHONE SERVICE SYSTEM; AND FOR OTHER PURPOSES; (Centrex System - at contract price of .$99,100) with said Resolution being read in full-and thereafter adopted upon motion of Director Bussey, seconded December 21, 1976, Cont'd. by Director Hollingsworth, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director ' Young - total 1. Resolution No. 5,646 was presented, with the title being: A RESOLUTION REQUESTING THE LITTLE ROCK HOUSING AUTHORITY TO FURTHER DELAY DEMOLITION OF THE TENENBAUM BUILDING; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, there was a motion by Director Hollingsworth, seconded b, s Director Linkous, for adoption of the Resolution. A roll call was taken and the Resolution was sub- sequently adopted as herein described: Ayes - Directors Keith and Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 6; Noes - None; Absent - Director Young - total 1. Also appearing on the Official Agenda was the consideration of an extension of Group Term Life Insurance Privilege to retiring employees of the'City of Little Rock, Arkansas. Mr. Jim Clark, an insurance representative, explained the cost involved, both to the City and to the retiree, and emphasiz that the City must carry the burden of collecting the retirees' share. A motion was then made by of the City of Little Rock, Arkansas adjourned at 9:55 o'clock P. M., sine die. ATTEST: APPROVED: City Clerk Mayor m Director Linkous "that the City continue the life insurance program for another five years, with the retired employee paying 50% of the cost." The motion was seconded by Director Hollingsworth and adopted ' by the following roll call vote: Ayes - Director Dailey,.Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 5; Noes - Director Keith - total 1; Absent - Director Young - total 1. Discussed at this time was the recommended operation by the City of Little_Rock of the Central Arkansas Regional Communication Center (RCC) of the Emergency Medical Services System. City Manager Carleton McMullin advised that to carry out this recommendation would require contributions from the counties and cities in the Central Arkansas area and asked if the Board wished to proceed on this basis. Director Linkous responded.with the motion "that we instruct management to proceed with the recommendati The motion was seconded by Director Bussey and adopted by the following vote: Ayes - Director Dailey, Mayor Wimberly, Directors Linkous, Bussey and Hollingsworth - total 5; Noes - Director Keith - total 1; Absent - Director Young - total 1. Reverend Thurston B. Lamb addressed the Board briefly paying tribute to Directors Bussey and Hollin worth; and Mr. Jef -frey Hawkins also expressed appreciation for the dedication and service of Directors Bussey, Hollingsworth and Young, and Mayor Wimberly, the retiring members of the Board of Directors. ' There being no further business to be presented or to come before this meeting and with this being the last meeting of the Board of Directors prior to January 4, 1977, upon motion of Director Hollingswor seconded by Director Keith, and by unanimous vote of the Board Members-present, the 10th Board of Direct of the City of Little Rock, Arkansas adjourned at 9:55 o'clock P. M., sine die. ATTEST: APPROVED: City Clerk Mayor m Board of Directors Chamber Little Rock, Arkansas January 4, 1977 - 7:30 P. M. , The 11th Board of Directors of the City of Little Rock, Arkansas convened under the Statutes of the State of Arkansas for the purpose of organizing the new Board of Directors and filing the Oaths of Office for the terms of Directors beginning January 1, 1977; with City Attorney Joseph C. Kemp presiding as temporary Chairman prior to the election of a Mayor and Assistant Mayor from the membership of the Board of Directors. Also present were Jane Czech, City Clerk, and the following Directors and Directors - elect: Director A. M. "Sandy" Keith, Position No. One; Director Dalton James "Jim" Dailey, Jr., Position No. Two; Director -elect Donald L. Mehlburger, Position No. Three; Director Dwight Linkous, Position No. Four; Director -elect James A. Wellons, Position No. Five; Director -elect Billy M. "Mike" Castleman, Position No. Six; and Director -elect Myra Jones, Position No. Seven; Absent - None. It was announced that there was a quorum in attendance, and the following is an account of the proceedings: The Oaths of Office of the following Directors -elect were then presented to the City Clerk, each having been duly administered on January 1, 1977 by the Honorable William J. Kirby, Judge of the Circuit ' Clerk, Pulaski County, Arkansas: Director Donald L. Mehlburger, Position No. Three; Director James A. Wellons, Position No. Five; Director Billy M. "Mike" Castleman, Position No. Six; and Director Myra Jones, Position No. Seven. Upon motion of Director Dailey, seconded by Director Keith, and by unanimous vote of the Board Members present, said Oaths were received and filed. It was stated by Chairman Kemp that the next order of business in the organization of the new Board should be the election of a Mayor from the membership of the Board of Directors; and that motions would be in order at this time to place in nomination the names of nominees to serve for a two -year term as Mayor. The Chairman also stated that in the event a Mayor was not elected on the first ballot, a sub- sequent ballot would be taken on the two nominees who had received the highest number of votes. The first name to be placed in nomination was that of Director A. M. "Sandy" Keith, by motion of Director Keith, seconded by Director Wellons. Director Castleman then placed.in nomination the name of Director Donald L. Mehlburger, and was seconded by Director Jones. The final name placed in nomination was that of Director Dalton James "Jim" Dailey, Jr., by a motion made and seconded by Directors Linkous and ' Wellons, respectively. There being no further nominations presented; upon motion of Director Keith, which was seconded by Director Linkous and unanimously adopted by the Board Members present, it was declared by the Chairman that nominations were closed. At this time, it was announced that in the ensuing roll call vote, the Directors were to respond with -the name of the nominee of their choice. The first roll call was then taken, and received the following response: Director Keith - Director Keith; Director Dailey - Director Dailey; Director Mehlburger - Director Mehlburger; Director Linkous - Director Dailey; Director Wellons - Director Dailey; Director Castleman - Director Mehlburger; and Director Jones - Director Mehlburger. At this time, it was announced by Chairman Kemp that the first ballot had failed to elect a Mayor; therefore, a subsequent ballot would be necessary on the two nominees receiving the highest number of votes. A roll call was again taken and resulted as follows: Director Keith - Abstain; Director Dailey , Director Dailey; Director Mehlburger - Director Mehlburger; Director Linkous - Director Dailey; Director Wellons - Director Dailey; Director Castleman - Director Mehlburger; Director Jones - Director Mehlburger. As the balloting had failed to elect a Mayor, with each candidate receiving three votes, Director Keith then announced that he would change his abstention to a vote for ' Director Mehlburger. It was therefore, declared that.Director Donald L. Mehlburger had been elected to serve a term of two years as Mayor of the City of Little Rock,.Arkansas, beginning at this time and ending on December 31, 1978. The election of the Assistant Mayor was then declared to be in order and upon motion of Director JANUARY 4, 1977, Cont'd. Castleman, seconded by Director-Keith,.the name of Director Myra Jones was placed in nomination. Also placed in nomination was-the name of Director James A. Wellons, by motion of Director Dailey, seconded by Director Linkous. The final name placed in nomination was that of Director Dalton James "Jim" Dailey, Jr. by motion of Director Linkous, seconded by Director Wellons. As there were no rurcner uuwca � _ ­ in nomination, by motion.of Director Linkous, seconded by Director Keith, it was announced that nominatio were closed. The resulting first ballot failed to elect. an Assistant Mayor, and is described as follows: Director Keith - Abstain; Director Dailey - Director Wellons; Director Mehlburger - Director Jones; Director Linkous - Director Dailey; Director Wellons - Director Dailey; Director Castleman - Director Jones; Director Jones — Director Jones. A subsequent -vote was taken and is described as follows: Director Keith - Abstain; Director Dailey— Director Dailey; Director Mehlburger - Director Jones; Director Linkous - Director Dailey; Director Wellons - Director Dailey; Director Castleman - Director Jones; Director Jones - Director Jones. As a tie vote had resulted between Directors Dailey and Jones, Director Keith then announced that he would change his abstention to a vote for Director Dailey. Accordingly; it was announced that Director Dailey had been elected to serve a two year term as Assistant Mayor of the City of Little Rock, Arkansas, beginning at the present time and ending December ' 31, 1978. This being the first meeting of the 11th Board of Directors since the sine die adjournment of the 10th Board of Directors on December 21, 1976, it was declared that the purpose of this organizational meeting had been accomplished and the.11th Board of Directors of the City of Little Rock had been duly convened and organized. Upon motion of Director Dailey, seconded.by Director Wellons, the new Board of Directors of the City of Little Rock, Arkansas adjourned.at 7:.55..o'clock P. M., to meet again in regular session immediately following this-organizational meeting. ATTEST: C APPROVED: 11 n o City Clerk Mayor a WHIM 34� Board of Directors Chamber Little Rock, Arkansas January 4, 1977 - 8:00.P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. A quorum was declared to be present, and the meeting then proceeded as herein described: The Invocation was given by Director Linkous. Presented first from the Official Agenda were the Consent items, consisting of the following: (a) The Minutes of the.previous meeting held on December 21, 1976. (b) The Audit Report.of the Oakland - Fraternal Cemetery for the year ending October 31, 1976. (c) Resolution No. 5,647, entitled:. A RESOLUTION AWARDING CONTRACTS FOR VARIOUS SUPPLIES; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; By a motion from Director Linkous, seconded by Director Keith, and by unanimous vote of the Board Members present, the Consent Items were dispensed with as foZZows: (a) The Minutes of the previous meeting held on December 2t, 1976 were approved as written and summarized to the Board of Directors; (b) 'The Audit Report was received and filed; and (c) Resolution No. 5,647 was read in full and adopted. Presented for second reading at this time was a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 1001 JOHN BARROW ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Zoning Petition No. Z- 2494 -A of W. V. Lewis, to rezone all of the west 374 feet + of Tract 2, Hopson and Sachs Suburban.Tracts, from "A" One - family District to "F" Commercial District; approved as amended by the Planning Commission) and the Ordinance, having been read first on December 21, 1976, was then read the second time. A discussion again centered upon the right -of -way issue, and Mr. Richard Wood of the City's Comprehensive Planning Department advised that the Petitioner had indicated that he would not be amenable to donating ten feet of right- of <way to the City; however, he added that he would provide an affidavit or legal instrument which would commit him to a donation of that portion to the City should other property owners on Barrow Road do the same. City Attorney Joseph Kemp advised that it is in order for the City to , suggest such a donation, but the only time`the'City can require this is at such time as the property is subdivided. A motion was then made by Director Linkous, seconded by Director Keith, "that all of this property be rezoned to "F" Commercial, with the exception of the west ten feet which shall remain "A" One- Family. Other Directors objecting to this approach, described it as "subterfuge" and an indirect approach to a problem which could be dealt with directly. However, Director Keith called attention to the right -of -way situation on Asher Avenue and Rodney Parham Rogd, and insisted that the City should have sufficient right- of- way.at any cost. At this time, Director Linkous stated he was withdrawing his motion; and an ensuing motion was made by Director Wellons, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on its third and final reading. A roll call was taken on Director Wellons' motion, which was adopted "as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - Director Keith - total 1; Absent - None. There was a third and final reading of the Ordinance and an ensuing Aye and No vote taken on the J passage of the Ordinance, which received the following response: Ayes - Directors Linkous and Wellons - ' total 2; Noes - Directors Keith and Dailey, Mayor Mehlburger, and Directors Castleman and Jones total 5; Absent - None. It was therefore, announced that the Ordinance had FAILED TO PASS. A Public Hearing had been scheduled for this time and place by Resolution No. 5,634 for the purpose of hearing arguments:on the proposed vacating and closing of an alley in Block 112 of the John Barrow Addition to the City of Little Rock, Arkansas, as requested by Jerry E. Johnson, William H. Vinsett and t i �11111 1 JANUARY 4, 1977, Cont'd. Paul D. Morriss, Jr. and approved by the Planning Commission. As Notice of the Public Hearing had been duly published according to City Ordinance on December 10, 1976 and December 17, 1976, the Public Hearing was therefore declared.open. and persons in attendance were.invited to come forward at this time and be heard. However, as there was no one present who.wished to address to the issue, the Public Hearing was then declared closed and an Ordinance to vacate and close the alley in question was placed on first reading. (See Ordinance No. 13,230, as follows) Presented at this time was Ordinance No. 13,230, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK; ARKANSAS, VACATING AND CLOSING THE ALLEY IN BLOCK 112, JOHN BARROW ADDITION TO THE CITY OF LITTLE-ROCK, ARKANSAS; with said Ordinance being read the first time. A motion then followed by Director Linkous, seconded by Director Keith, that the rules be suspended and.the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect; and the second reading of the Ordinance ensued. A subsequent motion was then made by Director Linkous, again seconded by Director Keith, for a further suspension of the rules to allow for the third and final reading of.the Ordinance at this time; which motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors, elect. There was a third and last reading of the Ordinance, and the resulting Aye and No Vote taken on the passage of the Ordinance received the follow! response: Ayes - Directors Keith and-Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None had PASSED. Accordingly, it was announced that the Ordinance The next presentation was Ordinance No. 13,231, entitled: AN ORDINANCE AMENDING CERTAIN SECTIONS OF ARTICLE I OF CHAPTER 21 OF THE CODE OF ORDINANCES ' PERTAINING TO LICENSE AND PRIVILEGE TAXES; AND FOR OTHER PURPOSES; and the Ordinance, having been read first on December 21, 1976, was then read the second time. A mo was then made by Director Wellons, seconded by Director Dailey,.that the rules be.suspended and the Ordinance be placed on its third and final reading, and the motion was unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors- elect. There was a third and last reading of the Ordinance; after which the question of the passage of the Ordinance was submitted to a roll call vote, resulting as follows: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. Ordinance No. 13,232 was then presented, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR CENTRAL ARKANSAS TRANSIT 1976 OPERATING AND MAINTENANCE . DEFICIT; AND FOR OTHER PURPOSES; (Appropriation of $6,612.00) with said Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Linkous, seconded by Director Dailey, and by unanimous vote of the Board Members present, being seven in number and two-thirds or more of the.members of the Board of'Directors elect. There was a second reading of the Ordinance and a subsequent motion made and seconded by Directors Linkous andCastleman, respectively, for another suspension of the rules to allow for the third and final .reading of the Ordinance at this time.. The motion was unanimously adopted ' by the Board Members present, being seven in number and two - thirds or more.of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. An Aye and No vote was taken at this time on the passage.of the Ordinance, the results of which are described as follows: Ayes Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones.- total 7; Noes - None; Absent - None. It was announced that the Ordinance had been PASSED. 7 348; 77, Cont'd. owing two items were scheduled for consideration at this time: ORDINANCE AMENDING THE.LONG -TERM DISABILITY PROGRAM FOR EMPLOYEES OF THE CITY OF F TLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. ORDINANCE REGULATING AND CONTROLLING POLICE ALARM SYSTEMS; PROVIDING PENALTY FOR LATIONS THEREOF; AND FOR OTHER PURPOSES. (This Ordinance was read the first time on December 21, 1976 and two amendments, proposed by Director Dailey, were adopted at that time) In accordance with a request from the City Manager, the foregoing items were withdrawn from the Current Agenda to allow time for further study of the subjects, by a motion made by Director Linkous, seconded by Director Keith, and unanimously adopted by the Board Members present. Accordingly, these items were placed on the calendar for consideration on January 18, 1977,. Again presented for consideration was a proposed Ordinance, described as:, i AN ORDINANCE PROHIBITING THE POSSESSION, MAINTENANCE OR KEEPING OF INNATELY WILD AND NON - DOMESTIC ANIMALS AND REPTILES WITHIN THE CITY LIMITS OF LITTLE ROCK; PROVIDING A PENALTY; AND FOR OTHER PURPOSES; which Ordinance was first read on November 16, 1976, and deferred until such time as certain revisions could be made. Dr. James Mittlestadt was present.at the meeting and discussed provisions of the revised i Ordinance. Also speaking in support of an Ordinance of this type were Mr. B. J. Kready and.Mr. Bill ' Degrasse of the Pulaski County Humane Society. -After a brief discussion, there was a motion by Director Wellons, seconded by Director Keith, that no action be taken on,the proposed Ordinance and that it be left on second reading. The motion was adopted by unanimous vote of the Board Members present, and the Ordinance remained on the calendar for second reading at a later date. I i Introduced at this time was Ordinance No. 13,233, entitled: AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE LITTLE ROCK, ARKANSAS "MECHANICAL CODE" AND THE SOUTHERN STANDARD BUILDING CODE RELATING TO.BONDS; AND FOR OTHER PURPOSES; (Deleting the requirement for Surety Bonds) and there was a first reading of the Ordinance, followed by a motion from Director Linkous that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Director Keith and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were.then suspended to allow for the third and final reading of the Ordinance at this time by a motion again made and seconded by Directors Linkous and Keith, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. There was a third reading of the Ordinance, and an ensuing Aye and No vote.taken on . the passage of the Ordinance which received the following response: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous; Wellons, Castleman and Jones - total 7; Noes - None; Absent - i None. It was therefore announced that the Ordinance had PASSED. Ordinance No. 13,234 was considered at this time, with the title being: AN ORDINANCE AMENDING AND /OR REPEALING CERTAIN PROVISIONS OF.CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, SAME BEING THE ELECTRICAL CODE OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were subsequently suspended and the Ordinance was placed on its second reading by a motion made by Director Linkous, seconded by Director Dailey and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors-elect.- The Ordinance was then read the second time; after which an ' ensuing motion was made by Director Keith, seconded by Director Linkous, for a further suspension of the rules to provide for the third and final reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members.present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the third and last reading of the Ordinance followed. \ j v- 34� JANUARY 4, 1977, Cont'd. The question of passage of the Ordinance was.at this -point submitted to an Aye and No vote, which resulted as herein described: Ayes = Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, ' Wellons, Castleman and Jones-- total 7; Noes- -None-, Absent - None. The Ordinance was declared PASSED. There was presented Resolution No. 5,648; with the title being:- " A RESOLUTION AUTHORIZING THE DEPARTMENT OF COMMUNITY SERVICES OF THE CITY OF LITTLE ROCK, ARKANSAS TO PERFORM INSPECTION SERVICES FOR PLUMBING AND NATURAL GAS INSTALLATIONS OUTSIDE THE CITY OF LITTLE ROCK IN THE AREA SERVED BY THE LITTLE ROCK MUNICIPAL WATER-WORKS SYSTEM; AUTHORIZING FEES TO BE CHARGED FOR SUCH SERVICE; AND FOR OTHER PURPOSES; and said Resolution was read in its entirety.' The question was'posed by Director Jones as to whether a recently annexed 55- square -mile area would be considered inside the City or outside the City, where its residents would be subject to the fees required in the Resolution. City Attorney Joseph Kemp stated that the residents of this area would be considered outside the city limits until an appeal on the annexation is dispensed with by the Arkansas'Supreme-Court. Following the brief discussion, the Resolution was adopted upon motion of Director Wellons, seconded by Director Linkous,'and the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and ' Jones - total 6; Noes- Director Keith - total 1; Absent _ None. Then considered was Ordinance No. 13,235, described as: AN ORDINANCE APPROVING AND ADOPTING AMENDMENTS TO THE PENSION PLAN FOR NON - UNIFORM EMPLOYEES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Making retirement at age 62 optional, with full benefits) and there was a -first reading of the Ordinance; after which "a motion was made by Director Linkous that the rules be suspended to allow for the second reading of the Ordinance at this time. "The motion was seconded by Director Wellons, adopted by-unanimous vote -of the Board Members present, being seven in number and two- thirds or more of the members of the Board of-Directors-elect" and the Ordinance was then read the second time. 'An ensuing motion then provided for a' suspension of the rules to place the Ordinance on its third and final.reading; with the motion being made and seconded by Directors Linkous and Dailey; respectively; and unanimously adopted by the Board Members present, being seven in number and -two- thirds or more of the members of the Board of Directors - elect. The third.and last.reading of ' the Ordinance resulted in the taking of'an Aye and No Vote on the passage, of the Ordinance, which was subsequently recorded as follows: Ayes.- Directors Keith and Dailey, Mayor.Mehlburger, Directors Linkous, Wellons, - Castleman and Jones.- total 7'; -Noes - None; Absent - None. The Ordinance was declared PASSED. The.next item to be considered,was Resolution.No. 5,649, entitled: - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE CITY OF LITTLE ROCK GROUP LIFE INSURANCE PLAN; AND FOR OTHER PURPOSES; (To allow a five -year- extension for employees to continue the Life- Insurance•Program, upon retirement) and a full reading of the Ordinance ensued. City Manager Carleton McMullin advised -that the previous Board of Directors.had authorized this action,.which was'precipitated by•employees. facing retirement who could not afford,life.insurance... The Resolution was.subsequently adopted upon motion of Director Dailey, seconded by Director Linkous, and the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger,.Directors Linkous, Wellons;-Castleman and Jones -total 6; Noes - Director Keith - total 1; Absent - None. 3501 JANUARY 4, 1977, Cont'd. The final item, which was not listed on the Official Agenda, was.presented for consideration at this time, being Resolution No. 5,650, entitled: A RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION, UNITED STATES COAST GUARD, TO APPROVE ' THE REVISED PLANS OF THE ARKANSAS STATE HIGHWAY DEPARTMENT FOR THE CONSTRUCTION OF THE EAST BELT FREEWAY BRIDGE ACROSS THE ARKANSAS RIVER; AND FOR OTHER PURPOSES; and the Resolution was read in full. A motion by Director Keith, seconded by Director Linkous, resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent --None. Attorney Paul Stanfield was present and requested that.a petition to rezone property at 3123 Fair Park Boulevard be referred back to the Planning Commission, and added that his client is willing to follow this procedure. A motion ensued from Director Wellons, seconded by Director Linkous, that this matter be returned to the Planning Commission for further consideration;;and the motion was adopted by unanimous vote of the Board Members present. The final item to be brought before the Board of Directors at this time was a Policy Proposal introduced by Director Wellons, who distributed copies to the Board Members and requested that it be included in the official record. The Policy Proposal introduced by Director Wellons is recorded as ' follows: December 30, 1976 To: Little Rock City Board of Directors From: James A. Wellons' ' POLICY PROPOSAL Please let me use this informal memorandum to expand in initial detail on some of the leadership specific that I sense are available to us. 1. Consider formulating a positive and.specific statement of policy to all department heads in the City government. The focus of this statement would be to set forth the fact that this Board of Directors is embarked on a course of operating the City govern- ment in as strict accord as possible with the specifics of organization for a City Manager ' form of government. Each such person would be encouraged to read again the published information on this subject, and this initial intent would have to do with saying in a very open way that the Board will be .looking to the City Manager to operate the City government, and the department heads will be both looking for his leadership and reporting to him in all matters involving the City's operation as they are affected. As a newcomer I do not sense that the City departments in general feel this very specific support by the Board of Directors toward the City Manager. -In any event, whether this is true or not, it is my sense that we need to make.this completely clear. 2. I think we need to make the same kind of policy declaration for the information of all boards and commissions, setting forth.our appreciation of their serving, of our hopes and dreams for improving our City.government in these coming years, and our determination to-strengthen the.total City government structure with the goals of ever increasing effectiveness and efficiency. 3. I would like to convey to all who report to the Board of Directors that we also recognize ' our responsibility and will work as.rapidly and effectively as we can to produce plans, goals, ordinances, et cetera, in order that the day to day operations will have the - guidelines-that they need. Lets commit to providing the leadership our City requires and needs. i JANUARY 4, 1977, Cont'd. 4. I would also like-to convey.the thought that every one of us now involved in City government accept a challenge to approach the task at every level in such a ' way as to communicate to the.citizens that we understand that our job is to be of service, to be of help, to conscientiously search for ways of responding affirmatively to our citizens in every case that we possibly can. - 5. I suggest that we embark immediately on a course of establishing an advisory committee or committees comprised of a representative at least from each of.the organized groups of our City who.want•.to be involved to act as an ad hoc committee for the Board in going to the citizens on all policy items of significance that come before-us for decision, and also to serve as a collection point for information, ideas, recommend- ations, whatever, from the community at large. Such a committee could evolve the specifics of how to be available to the community and on what kind of schedule, and perhaps whether or.not from time to time the City Directors might be available at points around the City for discussion, explanation, or whatever. Let's the seven of us take the City Manager's manual seriously. Let's use this as our guide for policy making, for administration, for operations, for communication and all the rest. If we can move from this common base it will be most helpful in preventing our being fragmented in some of the very difficult decisions with which we are going to be faced.? Finally, may we at once address ourselves to 1977 needs and goals, arrange them in order of priority, and establish a time frame for their accomplishment? Once again, these are simply my ideas . . . not necessarily right, not necessarily wrong but, as an individual, I need a starting place.' Your agreement, disagreement, correction, addition or whatever is solicited. I believe we must tell the people who are working for us what we expect and what they can expect in a form and in a fashion that's acceptable to this Board, and which properly communicates our positive hopes and plans for the future. /s/ Jim Wellons As there was no further business to be- presented or to come before the .Board of Directors at this time, upon motion of Director Keith, seconded by Director Dailey, and by unanimous.vote of the Board members present, the meeting was adjourned at 9:30 o'clock P. M., to meet again in regular session on Tuesday, January 18, 1977, at 7:30 o'clock P. M. ATTEST: City Clerk APPROVED: (\\,�� • `���'�^�"�1 — Mayor Board of Directors Chamber Little Rock, Arkansas' January 26, 1977 - 2:00 P. M. The Board of Directors of the City of Little.Rock, Arkansas met in Special.Session „ in lieu of the regular meeting scheduled for January 18, 1977 which was postponed at that time due to inclement weather. Presiding at the meeting was Mayor Donald L. Mehlburger, and present were City Clerk Jane Czech and the following Directors: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. The Notice of Call of the Special Meeting, as delivered to each of the members of the Board of Directors and filed with the City Clerk, was presented as follows: "January 21, 1977 Members of the Board of Directors City of Little Rock, Arkansas:.. Dear Board Members: Pursuant to Article Title 19, Arkansas. Statutes Annotated, please accept. this as notice of a special meeting of the Board of Directors to be held at 2:00 p.m., Wednesday, January 26, 1977, in the Board of Directors Chamber, City Hall, for the purpose of considering all items reflected on the Agenda for the Board of Directors which was to have been held on January 18, 1977. Sincerely, (Signed) Donald L. Mehlburger Mayor /s/-Jim Dailey Assistant Mayor /s/ Dwight E. Linkous /s/ A. M. Sandy Keith /s/ Myra Lee Jones . /s/ Mike Castleman /s/ James A. Wellons" It was stated by the Mayor that this notice had been duly served and acknowledged, and said was then received and filed As there was a quorum in attendance, it was so announced, and the meeting then proceeded as herein described:. The Invocation was given by Director Jones.. The first item presented for consideration was.Resolution No. 5,651, entitled: A RESOLUTION OF COMMENDATION TO DR. C. FRED WILLIAMS; (For service from May 6, 1975 as Chairman of the Bicentennial Committee for the City of Little Rock, Arkansas) . which Resolution was read in its entirety. Dr. Williams then addressed the Board briefly, describing the various projects accomplished by this Committee and presented "each of the Board Members with a copy of Richard DeSpain's Bicentennial Print of the Cities of Little Rock and North Little Rock. Next presented was the Consent Agenda, consisting of the following items: (a) The minutes of the previous meeting held on January 4, 1977. (b) A Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of November, 1976. (c) An Audit Report of the Central Arkansas Comprehensive Employment and Training Program from May 1, 1976 to November 30, 1976. (d) Resolution No. 5,652, entitled: A RESOLUTION AWARDING ANNUAL CONTRACTS FOR VARIOUS ITEMS AND SERVICES; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (Contracts for automotive batteries; zoo animal food; concrete and metal pipe, and guard rails and posts) - J �I I� 1 JANUARY 26 1977 Cont'd. (e) Resolution No. 5,653, entitled: A RESOLUTION AWARDING-A CONTRACT FOR CONSTRUCTION OF BLAKEMORE DRAINAGE DITCH IMPROVEMENTS WITHIN'THE OAK FOREST AREA; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (f) Resolution No. 5,654, entitled:' A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AND EXECUTE AN AMENDMENT TO LEASE AGREEMENT WITH EAST 26TH STREET DEVELOPMENT CORPORATION AND CONSENT OF LESSOR TO ASSIGNMENT OF SAID LEASE; AND FOR OTHER PURPOSES. (Oakland - Fraternal Cemetery property) By motion of Director Linkous, seconded by Director Keith, which was unanimousZy adopted by the Board Members present, the Consent Items "were dispensed with as foZZows: (a) The Minutes were approved as written and summarized to the Board of Directors; (b & c) The Comparative Statement and Audit Report were'received and fiZed; (d, e & f) Resolutions No. 5,652, 5;653 and 5,654 were read in full and adopted. At this time, there was presented Petition No. Z- 2216 -A from J.'E. Hathaway, Jr.,for Darol May and Dr. William R. Robertson requesting the rezoning of property located on the east side of the-800 block of Reservoir Road (See Petition for lengthy legal description) from "D" Apartment District to "E -1" Quiet Business District, as approved by the Planning Commission on December 30, 1976. Responding to a ' question by Director Keith, Mr. James Finch of the Comprehensive Planning Department advised that there is an 80 -foot right -of -way requirement for this street, 60 feet of which has been provided, leaving an additional 20 feet needed. Mr. Finch added that if the property is subdivided at a later date, the right -of -way would be acquired at that time. Director Keith then commented that in future zoning m, "if the property in question.is adjacent -to a right -of -way which is insufficient, then I shall vote against it." (See Ordinance No. 13,236,'as follows) There was presented Ordinance No. 13,236, described as: AN ORDINANCE RECLASSIFYING 800 BLOCK RESERVOIR ROAD, EAST SIDE, IN THE CITY OF LITTLE ROCK, ARKAN AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by a- motion from Director Wellons, seconded by Director Linkous, which was adopted by unanimous vote of the Board Members.present, being seven.in number and.two- thirds or more of the. members of the Board of Directors - elect. The Ordinance'was_ read the second time; after which there was a subsequent motion from Director,Linkous, seconded -by Director Dailey, that the rules again be suspende and the Ordinance be placed on its third and final reading. The motion was unanimously. adopted by the Board Members present, being seven-in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Director Dailey, Mayor Mehlburger. Directors Linkous, Wellons, Castleman and Jones - total.6; Noes - Director Keith - total 1; Absent - None. The Ordinance was declared PASSED. Zoning Petition No. 2535 -B was then presented, having been submitted by Attorney Paul Stanfield for. Gaylon Boshears for-the purpose of rezoning property located at 10720 Rodney Parham Road (described in lengthy legal terminology as shown on the Petition) from - "MF 18 ". Multi- family District to °F" Commercial District, as approved on December 30, 1976 by the Planning Commission. There was no opposition presented to the zoning request, therefore a proposed Ordinance was placed on first reading. (See Ordinance I�I No. 13,237, as follows) Ordinance No. 13,237 was presented, with the-title being: AN ORDINANCE RECLASSIFYING -10720 RODNEY PARHAM ROAD IN THE CITY.OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF-THE CODE OF ORDINANCES OF THE CITY OF LITTLE -ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was then read the first -time. Included-within the- Ordinance..was a-provision that the north 25 feet of the tract would remain "MF 18" Multi- family District to provide a green strip. $1I1 JANUARY 26, 1977, Cont'd. Subsequently, a motion was made by Director Dailey, and seconded by Director Keith, "that the Ordinance be amended to provide that the north 25 feet be zoned "A" One - family District, instead of 'IMF 18 ", and that the remainder of_ the tract be. rezoned as requested"; and the motion was adopted by unanimous vote of the Board Members present. A motion then followed from Director Linkous,.seconded by Director Dailey that the rules be suspended and .the Ordinance be placed omits second reading; and the motion was adopte by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, as amended, and an ensuing motion was made_by Director Dailey, seconded by Director Linkous, that the rules again be suspended to provide for the third and final reading of the Ordinance at this time. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect; and there was a third and last. reading of the Ordinance. The question of passage of the Ordinance was then submitted to a roll call vote, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance, as amended, had been PASSED Considered at this time was Zoning Petition No, Z -2328, submitted by Mrs.-T. L. Gosser. for the purpose of rezoning property located on.the west side of the 7300 block of Geyer Springs Road, described as Tract 6 of the Home Acres Subdivision to the City of Little Rock, Arkansas, from "A" One- family District to "I" Light Industrial District, as approved by;the Planning Commission. Director Keith again posed the question of right -of -way, and Mr. James Finch of the Comprehensive Planning Department advised that there is an 80 -foot right -of -way requirement, 60 of which has been acquired; however, he added that there was no immediate need for additional,right -of -way at this time.. There was no one present to speak in opposition to the rezoning of this property; therefore, a proposed Ordinance was placed on first reading.. (See Ordinance No. 13,238, as follows) There was presented Ordinance No. 13,238, entitled: AN ORDINANCE RECLASSIFYING 7.300 BLOCK OF GEYER SPRINGS ROAD, WEST SIDE, -IN THE CITY OF LITTLE ROCK, ARKANSAS;.AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; ARKANSAS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; followed by a motion from Director Linkous, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of.Directors- elect; and the Ordinance was then read the second time. The rules were then suspended to allow for the third and final .reading of the Ordinance at this time by a motion made and seconded by Directors Dailey and Linkous, respectively, and unanimously adopted by the Board Members present; being seven in number And two - thirds or more of-the members of the Board of Directors - elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes.- Director Keith - total 1; Absent'- None. The Ordinance was declared to have been PASSED. The next presentation was an Appeal by Attorney Herbert C. Rule III, for Dorothy Hennigin and J. R. Holcomb, of the Planning Commission's recommendation for denial of Petition No. Z -3081 to rezone propert located at 7500 Ohio Street, described as Lots-7, 8, 9 and 10 of Block 4, Riffel and Rhotons Forest Park Highlands Addition, from "C" Two- family District to "D" Apartment District. A letter had been.received from Attorney Rule requesting that this matter be postponed, due to a conflict in schedule and the unavailability of his client. However, the question of parliamentary procedure was raised by Director Wellons, who stated that such a deviation from parliamentary rules could result in an imposition to concerned citizens who come to Board Meetings. Consequently, there was a motion from Director Keith, seconded by Director Wellons, to,place this item on the Agenda for a Public Hearing on February 15, 1977. The motion was unanimously adopted by voice vote of the Board Members present, and the PubZic JANUARY 26, 1977, Cont'd. Hearing date on this matter was set for February 15, 1977'at 7:30 o'eZock P. M..• A Public Hearing had been continued from November 16, 1976 until.this time on the Petition of Moon Realty, Inc., H & M Realty Company; and Hastings Realty Company to vacate and close portions of Vance, McAlmont and East 30th Streets, and two unnamed alleys, all located within Bragg's Second Addition, Watkins Addition, and Rapley Estates, as approved by the Planning Commission. City Manager Carleton McMullin prefaced the discussion with the comment that it would'be easier to deal in concert-with the right -of -way issue, previously discussed at the November -16, 1976 meeting, and the development plan when it is submitted, as is the customary practice of the City in right -of -way acquisitions. Representing th Petitioners, Attorney Paul Stanfield alleged that right -of -way demands at this point would penalize the applicant for something which might not be needed for-twenty years due to the anticipated completion of the East Belt Freeway in 1978, which he contended would reduce the traffic count in the area considerabl: Mr. Stanfield displayed a.traffic count chart,.a map of the area,-and a sketch of the development plan and emphasized the fact that the streets in question are undeveloped and have never been used. After considerable discussion,, the Public Hearing'was °declared closed, and 'a proposed Ordinance to close the streets and alleys in question was placed on first reading. (See-Ordinance No. 13,239, as follows) Introduced at this time was Ordinance No. 13,239, containii''the following' - title: ' ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING PORTIONS OF VANCE STREET, A PORTION OF McALMONT STREET, AN UNNAMED ALLEY RUNNING PARALLEL TO AND BETWEEN VANCE STREET AND McALMONT STREET, AND A PORTION OF EAST 30TH STREET, LOCATED WITHIN THE FOLLOWING ADDITIONS TO THE CITY OF LITTLE ROCK; RAPLEY ESTATE, WATKINS ADDITION, AND BRAGG SECOND ADDITION; and there was a first reading of the.Ordinance, followed by a motion from Director Dailey for a suspensi of the rules and the placing of the Ordinance on its second reading. The motion was seconded by Direc,to Wellons and adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion again made and seconded by Directors Dailey and Wellons, respectively, for a further suspension of the rules to provide for the.third and final reading of the Ordinance at this time. :The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ' ensued. An Aye and No vote was then taken on the passage of the Ordinance, and resulted as herein - recorded:- Ayes - Director Dailey,'Mayor Mehlburger,'Directors.Linkous, Wellons and Castleman - total 5; Noes - Directors Keith and Jones - total 2; Absent - None. The Ordinance was declared PASSED. The next presentation was a proposed Resolution, described as: A- RESOLUTION WAIVING THE MASTER STREET PLAN AS IT RELATES TO LOT 4, BLOCK 4, WESTWOOD ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY; ARKANSAS; AND FOR OTHER PURPOSES; which Resolution was read in full and then discussed at length. It was.explained that the waiver was requested to provide for the issuance of a building permit for the construction of a restaurant on property situated in the right -of -way projected in the Master Street Plan for an extension of John Bar Road ending at Westwood Avenue. A denial of this waiver would obligate the city to purchase the propo construction site at a cost of approximately $30,000. Mayor Mehlburger discussed the implications of this proposed extension, which he pointed out would create and enhance two corner lots at the intersec of Barrow Road and Asher Avenue,. and possibly add additional traffic problems. Director Jones called attention to the recommendations of the Pulaski Area Transportation Council which endorsed the proposed ' extension of Barrow Road. The discussion evolved-to the question of sufficient right -of -way for the extension, and City Manager Carleton McMullin advised that the staff would need approximately 60 days to run a center line to determine -if the right -of -way is sufficient or if more would be; required. The Resolution was subsequently submitted to a roll call vote following a motion from Director Dailey, s IIIIIII by Director Linkous, and resulted as herein described: Ayes - None; Noes --Directors Keith and Dailey, Mayor Mehlburger', Directors Linkous, Wellons, Castleman and Jones - total 7; Absent - None; Accordingl J JANUARY 26, 1977, Cont'd. it was announced that the Resolution had FAILED to be adopted. Again presented was a proposed Ordinance, entitled: AN ORDINANCE REGULATING AND CONTROLLING POLICE ALARM SYSTEMS; PROVIDING PENALTY FOR VIOLATIONS ' THEREOF; AND FOR OTHER PURPOSES; which Ordinance was read the first time on December 21, 1976 and amended.. However, at this time, there was a motion by Director Dailey, seconded by Director Jones, to table the Ordinance. The resulting roll call vote adopted the motion as herein described: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Accordingly, it was announced that the Ordinance had been TABLED; and an alternate Ordinance was then introduced, as follows: There.was presented Ordinance No. 13,240, described as: AN ORDINANCE PROHIBITING THE USE OF ANY DEVICE OR TELEPHONE ATTACHMENT THAT AUTOMATICALLY SELECTS A PUBLIC, PRIMARY TELEPHONE TRUNKLINE OF THE CITY OF LITTLE ROCK AND THEN REPRODUCES ANY PRERECORDED MESSAGE; DECLARING THE VIOLATIONS THEREOF TO BE A MISDEMEANOR; PROVIDING A PENALTY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. Director Dailey expressed apprehension at the provisions il�ll of this Ordinance, and discussed "monitoring costs ", which Director Jones advised are imposed by some I`I cities. The rules were then suspended and the Ordinance placed on second reading, by a motion from Director Keith, seconded by Director Jones, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion from Director Keith, seconded by Director Jones, for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of'Directors- elect, and the Ordinance was read,the third and last time. The ensuing Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - Director Dailey - -total 1; Absent - None. The Ordinance was therefore, declared PASSED. Resolution No. 5,655 was the next presentation, with the title being: A RESOLUTION RENEWING FOR THE YEAR 1977 AMBULANCE SERVICE OPERATORS FRANCHISES FOR A -1 AMBULANCE ' SERVICE, INC. AND MEDIC VAC AMBULANCE, INC. WITHIN THE CITY OF LITTLE ROCK; AUTHORIZING THE ISSUANCE OF THE NECESSARY PERMITS AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Linkous, seconded by Director Jones, which resulted in a roll call-vote whereby the Resolution was adopted as follows: Ayes Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. (. Considered at this time was Ordinance No. 13,241, entitled: AN ORDINANCE AMENDING SUBSECTION 4 -M OF SECTION 43 -22 OF THE CODE OF ORDINANCES PERTAINING TO THE BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES; (Pertaining to notices to abutting property owners in cases where a variance is requested) and there was a first reading of the Ordinance. Director Keith made a motion at this time, which was seconded by Director Linkous, for a suspension of the rules and the placing of the Ordinance on its second reading; and the motion was unanimously adopted by the Board Members present, being seven in , number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing.motion was made and seconded by Directors Keith and Dailey, respectively for another suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being seven in number and proposed demolition of the Tenenbaum Building, the Cold Storage Building and the Pruitt Hide Building, which are owned by the Housing Authority of the City of Little Rock. This delay was the result of a request by a group of local investors headed.by Mr. Edwin Cromwell, which would like to "recycle" the Tenenbaum Building as an entertainment and shopping center due to its historic location in the river area at the site of the "little rock "., for which the City'was named. On December 21, 1976 by Resoluti No. 5,656, the Board again delayed demolition of these buildings.until the present time. A lengthy discussion ensued, prefaced by a comment from City Manager Carleton McMullin that another-60-day delay would be in order so that the City could look at the broader picture involving the entire downtown riverfront area. The discussion evolved to the question of the City's actual obligation should this project develop; and Director Linkous insisted that at the end of the 60 day period, positive inform- ation should be provided the.Board in order that action could be taken at that time. Mr. Jeffrey McLane spoke on behalf of Fausett and .Company; a local investor interested in this project, contending that this project could only.be-accomplished with the.help of the.City although, after intensive investigation into the feasibility of the project, some of the problems had been solved by his company. Director Wellons expressed his reluctance to obligate the city for a sizable responsibility toward this project. City Manager McMullin stated that it was his opinion that within 60 days, the City could put together a composite.plan which would be an ".anchor" for that part of the City.' A motion was then made by Director_Linkous; seconded by Mayor Mehlburger, "that the demoZition of the Tenenbawn BuiZding be delayed for an additionaZ.60 days." The motion was unanimously adopted by voice vote of the Board Members present,.and this item was placed on'the calendar to again be considered at the meeting of -JANUARY 26; 1977, Cont'd. March 15, 1977. two - thirds or more -of .the members of the _Board of'Directors- elect; and'the Ordinance was read -the third automobile tax by the County Quorum Court.was scheduled for presentation at this time; however, at the and last time. The question of the passage-of the Ordinance was at this time submitted to an Aye and N vote which resulted as herein recorded: Ayes = Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6;. Noes - Director'Dailey - total 1; Absent - None. It was AUTHORIZING MUNICIPALITIES OF THE FIRST AND SECOND CLASS-TO IMMEDIATELY EXTEND ITS ZONING JURISDICTION therefore, announced that the Ordinance has been PASSED. INTO ANY ANNEXED AREA IMMEDIATELY UPON APPROVAL BY THE VOTERS OF ANY ANNEXATION ORDINANCE ANNEXING - On September 21, 1976, by Resolution No. 5,594, the Board of Directors delayed for 90 days the proposed demolition of the Tenenbaum Building, the Cold Storage Building and the Pruitt Hide Building, which are owned by the Housing Authority of the City of Little Rock. This delay was the result of a request by a group of local investors headed.by Mr. Edwin Cromwell, which would like to "recycle" the Tenenbaum Building as an entertainment and shopping center due to its historic location in the river area at the site of the "little rock "., for which the City'was named. On December 21, 1976 by Resoluti No. 5,656, the Board again delayed demolition of these buildings.until the present time. A lengthy discussion ensued, prefaced by a comment from City Manager Carleton McMullin that another-60-day delay would be in order so that the City could look at the broader picture involving the entire downtown riverfront area. The discussion evolved to the question of the City's actual obligation should this project develop; and Director Linkous insisted that at the end of the 60 day period, positive inform- ation should be provided the.Board in order that action could be taken at that time. Mr. Jeffrey McLane spoke on behalf of Fausett and .Company; a local investor interested in this project, contending that this project could only.be-accomplished with the.help of the.City although, after intensive investigation into the feasibility of the project, some of the problems had been solved by his company. Director Wellons expressed his reluctance to obligate the city for a sizable responsibility toward this project. City Manager McMullin stated that it was his opinion that within 60 days, the City could put together a composite.plan which would be an ".anchor" for that part of the City.' A motion was then made by Director_Linkous; seconded by Mayor Mehlburger, "that the demoZition of the Tenenbawn BuiZding be delayed for an additionaZ.60 days." The motion was unanimously adopted by voice vote of the Board Members present,.and this item was placed on'the calendar to again be considered at the meeting of March 15, 1977. A proposed Resolution reaffirming the contents of Resolution No. 5,626 pertaining to the levy of - automobile tax by the County Quorum Court.was scheduled for presentation at this time; however, at the ' request of Mayor Mehlburger,.this item was withdrawn from the Agenda. Resolution No. 5,656 was presented at zhis.point, and described as: " A RESOLUTION RECOMMENDING TO THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS THAT IT PASS LEGISLATiO. AUTHORIZING MUNICIPALITIES OF THE FIRST AND SECOND CLASS-TO IMMEDIATELY EXTEND ITS ZONING JURISDICTION INTO ANY ANNEXED AREA IMMEDIATELY UPON APPROVAL BY THE VOTERS OF ANY ANNEXATION ORDINANCE ANNEXING - LANDS TO THE MUNICIPALITY; AND FOR OTHER PURPOSES; I which Resolution was read in its entirety. Director Linkous raised the question of the Resolution resulting in usurpation of the power of the County and possibly involving the Supreme Court should dialogues exist between the City and County in achieving a solution to such issues. Contending that "far- reaching ramifications" existed in such action, Director Linkous suggested that it would be possible for the County to subsequently place heavier responsibilities upon the City which the Board would want to.avoid. Director Keith maintained that all departments should be addressed in connection with this issue. The Resolution.was then submitted to a roll call vote and subsequently ADOPTED upon motion of Director Wellons, seconded by Director Castleman,.and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - Director Linkous - total l; Absent - None. Presented for consideration at this time was Resolution No. 5,657, entitled: _ A RESOLUTION EMPLOYING GARVER AND CARVER, INC., ENGINEERS, TO PROVIDE SERVICES TO THE PROPOSED i 35a� _ 26, 1977, Cont'd. LANDFILL; AND FOR OTHER P URPOSES;, rARY esolution was read in full. A brief discussion ensued, and began with a statement from Director that due to a conflict of interests (with Director Linkous being a member of the Board of Trustee uachita Baptist University, owner of property involved in this transaction), he oiould abstain e discussion and vote on the subject. The discussion resulted in a motion by Director Wellons, by Director Keith, that the Resolution be adopted. A roll call was taken and the Resolution ted as herein described: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None;. Abstaining - Director Linkous - total 1. The final item presented for consideration was.Resolution No. 5,658, entitled: A RESOLUTION IN SUPPORT OF THE LITTLE ROCK-SCHOOL DISTRICT.'S PROPOSED TAX MILLAGE INCREASE TO BE USED FOR IMPROVING PUBLIC SCHOOL FACILITIES AND EDUCATION; AND FOR OTHER PURPOSES; resulting from a request by Dr. Paul R. Fair, superintendent of the Little Rock School District. Accompanying Dr. Fair were Dr. George Gillian and Mrs. Ruth Steel, who also addressed the Board and urged the Board's endorsement of the requested two -mill tax increase which would be submitted to the voters on March 8, 1977. Dr. Gillian spoke in behalf of the School Board's policy of integrated educatio and contended that this policy can only succeed with-the busing of students due to the existing housing patterns. Proceeds from the increased millage are to be used to provide for.the reorganization of the school system, Dr. Gillian stated, adding that this will be accomplished in•three phases, with Phase I to be completed this year. Mrs. Ruth Steel presented brochures outlining the planned reorganization, and explained in detail the projects included in Phase I. A motion was subsequently made by Director Castleman, seconded by Director Wellons, that.the Board adopt.the Resolution "supporting Little Rock School District's two -mill tax increase, the reorganization concept, and the complete racial integration concept." Director Keith objected to this procedure,.as the item had not appeared on the current agenda nor been discussed at the prior agenda session, and offered a substitute motion "to follow our agenda policy and place this item on our agenda.for.the next meeting "; however, the motion did.not receive a second. Director Castleman's motion was then submitted to a roll call vote and the Resolution was adopted as herein described: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes.- Director Keith, who explained his vote as being for "procedural reasons" - total 1; Absent - None. As there was no further business to be presented or to come before the Board of Directors at this ' time, upon motion of Director Linkous, seconded by Director Dailey, and by unanimous vote of the Board Members present, the meeting was adjourned at 4:50 o'clock P. M., to meet again in regular session on Tuesday, February 1, 1977 at 7:30 o'clock P. M. ATTEST; �jyt(j / -- �j APPROVED: City Clerk Mayor Board of Directors Chamber Little Rock, Arkansas February 1, 1977 - 7:30 P. M: The Board of Directors of .the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Dailey, Wellons, Castleman and.Jones - total 5; ,Absent - Director Linkous - total 1. With there being a quorum in attendance, it was so announced, and the proceedings are herein recorded as follows: - The Invocation was given by Director Jones. First presented were the Consent Items, described as follows: (a) The Minutes of the Special Meeting held on January 26; 1977 held in lieu of -the` regularly scheduled meeting of January 18, 1977 which was cancelled due to inclement weather. (b) Resolution No: 5,659, entitled: A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE 'MATTER OF THE 1977 -1978 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE'CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (c) Resolution No. 5,660 entitled: A RESOLUTION'URGING PULASKI COUNTY TO INITIATE PLANS FOR THE REMOVAL OF THE OLD COUNTY JAIL; AND FOR OTHER PURPOSES'. (d) Resolution No. 5,661, entitled: A RESOLUTION ACCEPTING A WARRANTY DEED TO LANDS IN THE CITY OF LITTLE ROCK TO BE USED FOR PARK PURPOSES; AND FOR OTHER PURPOSES. (Gillam Park) (e)' The Summary Financial Reports of the 1976 operations of the City of Little Rock, Arkansas. ' A subsequent motion was made by Director Wellons, and seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on its third and final reading, which motion was unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, (f) Resolution No. 5,662, entitled: A RESOLUTION AWARDING CON TRACTS FOR THE DEMOLITION OF CONDEMNED STRUCTURES; ANNUAL MAINTENANCE OF TYPEWRITERS, ADDING MACHINES AND CALCULATORS; AND THE PURCHASE OF AUTOMOBILES, TRUCKS AND MOTORCYCLES; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. ' By a motion from Director WeZZons, seconded by Director Keith, and by unanimous vote of the Board Members present, the Consent Agenda was dispensed with as foZZows:' (a) The Minutes of the SpeciaZ- Meeting were approved as written and summarized-to the Board of Directors; (b, c and d) Resolutioris No. 5,659, 5,660 and 5,661 were read in fulZ and adopted; (e) The FinanciaZ Reports were received and fiZed;- and'(f). Resolution No. 5,662 was read in full and adopted. The next presentation was Ordinance No. 13,242, described as: AN ORDINANCE APPROPRIATING FUNDS TO BE USED FOR CLOSING OUT MODEL CITIES PROGRAM; AND FOR OTHER PURPOSES; (Appropriation of $7,085 from the unappropriated balance of the General Fund). which Ordinance was read the first time; after which, there was a motion from Director Dailey for a suspension of the rules to allow for the second reading of the Ordinance. The motion was seconded by Director Wellons, adopted by unanimous vote of the Board Members present, being six in number and two -. thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the second time ' A subsequent motion was made by Director Wellons, and seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on its third and final reading, which motion was unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Aso) 77, Cont'd. ones - total 6; Noes - None; Absent - Director Linkous - total 1. The Ordinance was . r presented at this time Resolution No. 5,663, containing the following title: ON AMENDING THE FIRST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT EMERGENCY HOME REPAIR LOAN PROGRAM; REALLOCATING CERTAIN FUNDS IN THE FIRST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Dailey, seconded by Director Wellons, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and -Jones - total 6; Noes - None; Absent - Director Linkous - total 1. Resolution No. 5,664 was introduced, with the title being: A RESOLUTION ALLOCATING FUNDS COLLECTED FROM VARIOUS SOURCES TO FIRST YEAR MODEL CITIES PROGRAM; AND FOR OTHER PURPOSES; (As requested by the Regional Office of the Department of Housing and Urban Development) and the Resolution was read in its entirety. In response to an inquiry by Director Keith who was concerned with future funding of -the East End - Health Clinic, Mr. Nathaniel Hill, Director of the Department of Human Resources, responded that adequate funding for this project had been provided through June, 1978. There was a motion then made by Director Wellons, seconded by Director Dailey, which resulted in a roll call vote whereby the Resolution was adopted as.herein described: Ayes:- Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons,- Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. Considered at this time was Ordinance No. 13,243, entitled: AN ORDINANCE REPEALING SECTION 14.01 OF THE CODE OF ORDINANCES PERTAINING TO HEALTH RULES AND REGULATIONS; - (Repealing Section 14.01 of the Code, which adopted the rules and regulations of the Arkansas State Board of Health pertaining to food service establishments) and there was a full reading of the Resolution. Mr. Jerry Hill of the Pulaski County Health Department !i at this time requested the Board of Directors to-table the Resolution until July 1, 1977, at which time a Bill currently pending in the Arkansas Senate would become effective, if passed, and to an extent would supercede the provisions of Section-14.01 of the Code. Mr. Hill urged the Board to currently allow enforcement of the provisions of this Section and contended that a repeal at this time would jeopardize the health and welfare of the citizens of this City. City Manager Carleton McMullin at this time called attention to the merger in July of 1975 of the Health Departments of the City and County, and the fact that the Department-concerned with enforcement of Section 14.01 is no longer under . the jurisdiction of the City of Little Rock. Director Keith requested that action be taken on the Resolution at this time, contending that the State Act adopted by the City in Section 14.01 should still be applicable inasmuch as the Health Department is currently sponsored by the State, as well as the County. Director Keith pointed out that permits were still being issued by this Department under the authority of the City of Little Rock due to the absence of a permit system by the County or State. At this time, a vote was called for by Director Dailey, and the Board concurred. Subsequently, the Resolution was adopted upon motion of Director Keith, seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent- Director Linkous - total 1. A proposed Resolution sponsored by Director Linkous was the next presentation, with the title , being: A RESOLUTION IN SUPPORT OF AMENDMENTS TO THE CITY MANAGEMENT FORM OF GOVERNMENT STATUTES OF ARKANSAS; AND FOR OTHER PURPOSES; (Proposal that Board of Directors be reorganized to consist of three Directors elected at large and four Directors elected from Districts,-with one at -large position to be designated as Mayor; III � L61 - FEBRUARY 1, "1977, Cont'd. ' - (proposal also provides for compensation" of $400 per month for each Director, and $600 per month for the Mayor) L _ with there being a complete reading of the Resolution. It was announced by Director Dailey that Director ' Linkous, who was not present at'the meeting, had requested that this subject be deferred until he could be present. However,. it was the decision -of Mayor Mehlburger.that persons who were present at the meeting out of concern for this issue 'should be heard. Speaking first was Mr. Frank Lambright, Chairman of the Local Government Committee _of .the Little Rock Chamber of Commerce and also Chairman of the Good Government Committee, who advised "the Board that he did not object to electing some Directors from districts if the entire City could -.vote for these Directors. Mr. Lambright expressed the opinion that Board Members in the past have served in "much broader freedom and enlightenment" without pay and once compensation for this service is established, it would" inevitably escalate to a point whereby a position on the Board would be ".a,means.of comfortable compensation rather'than'service." A forum -type discussion ensued between the Board Members and persons in the audience, including Mr. Calvin Scribner, Mr. Willard Johnson and Mrs. Erma Hendrix..-Mr..Scribner endorsed the Concept of electing Directors from districts but opposed the,concept of - electing these district Directors at large, contending that residents of Ward 5 could elect anyone they.chose in an at -large vote. Mr. Scribner also stated that district' representation would "be"desirable.because persons living outside a given district could -not possibly be aware of the existence and -depth of. problems within that district. Mr. Johnson suggested that the Board be expanded to nine directors;-five of whom should be elected from districts and the remainder elected at large, and to'substantiate this-point, he called attention to the fact that members of the State Legislature and the Quorum.Court are elected from districts. Although she did not express an opinion regarding concept, Mrs. Hendrix praised the Board's concern with changing the present concept of City Government and urged that a proposal be approved and sent to the State Legislature for action as soon as possible. Both Mr. Scribner and Mr. Johnson stated they would like to have the Mayor elected 1 by the community. Upon conclusion of the discussion, action on this Resolution'was deferred until February Z5, Z977 by a motion made and seconded by Directors Dailey and Keith, respectively, and unanimously adopted by the-Board members present. Presented for consideration at this time was Resolution No. 5,665, entitled: A RESOLUTION EMPLOYING ENGINEERS TO PROVIDE CONSTRUCTION PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS FOR CERTAIN UNDERGROUND DRAINAGE FACILITIES; AND FOR OTHER PURPOSES; (Metrocentre Area) with there being a full reading of the Resolution. The Resolution was subsequently adopted upon motion of Director Wellons, seconded by Director.Dailey, and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. There was scheduled for presentation at this time a Resolution establishing the Board of Directors' policy for making appointments to the various Boards and Commissions of the City; however, it was the general consensus of the Board of Directors at this time that the matter be deferred until February 15, 1977. The final item to be presented from the Official Agenda was Resolution No. 5,666, entitled: A RESOLUTION MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; (Appointment of members of Board of Directors to various City Boards and Commissions) and the Resolution was read in its entirety;,after which there was a motion from Director Keith, r seconded by Director Dailey, which.resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None;. Absent - Director Linkous - total 1. i FEBRUARY 1. 1977. Cont'd. Mayor Mehlburger at this time recognized Mr..Bill Whipple, representative of the Pulaski County Quorum Court, who was in the audience. The Mayor also called attention to existing vacancies on the �b Planning Commission and Airport Commission and.invited those citizens interested in serving on these comm issions to submit resumes in order that they might be considered by the Board for such service. Concurring with the Mayor on this subject was Director Wellons, who suggested that every citizen interested in serving on Boards and.Commissions. should call City Hall and request various information pertaining to the Boards and Commissions which hold special interest for them. Director Dailey at this time expressed appreciation and good wishes to Assistant City Clerk Katherine Highfill, who recently resigned the.position in which she has served for almost five years, and who will in the future, be residing.in Dallas, Texas. With there being no further business to be presented or to come before the Board of. Directors, upon motion of Director Keith, seconded by Director Dailey, the meeting was adjourned at 8:30 o'clock P. M. to meet again in regular session on Tuesday, February 15, 1977 at 7:30 o'clock P. M. ATTEST: �,(/RiyLQi _ - APPROVED: r City Clerk Mayor Board of Directors Chamber Little Rock, Arkansas February 15, 1977 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Dailey, Wellons, Castleman and Jones - total 5; Absent - Director Linkous - total 1. It was announced that a quorum was in attendance and the meeting proceeded as herein recorded: The Invocation was given by Mayor Mehlburger. First to be presented from the Official Agenda were the Consent Items, described as follows: (a) The Minutes of the previous meeting held on February 1, 1977. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for December, 1976. (c) Resolution No. 5,667, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR VARIOUS SERVICES, EQUIPMENT '. AND SUPPLIES; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. By motion of Director Dailey, seconded by Director Keith, which was unanimously adopted by the Board Members present, the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors; (b) The Comparative Statement was received and filed; (c) Resolution No. 5,667 was read in full and adopted. At this time, there was presented Petition No. Z -3095 from William E. Fellows requesting the - rezoning of property located at 824 Garland Street, described as the West 50 feet of the S;j of Block 351, Original City of Little Rock (NE Corner of Izard and Garland Streets) from "D" Apartment District to "E -1" Quiet Business District. The applicant originally requested "F "•Commercial District reclass- i ification but, the Planning Commission denied this request and approved "E -1" Quiet Business District instead. There was no opposition presented to this proposal. (See Ordinance No. 13,244, as follows) There was presented Ordinance No. 13,244, described as: AN ORDINANCE RECLASSIFYING 824 GARLAND STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by' a motion from Director Keith, seconded by Director Dailey, which was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; after which there was a sub- sequent motion from Director Dailey, seconded by Director Keith, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Director - elect; and the Ordinance was then read the third and last time. The resulting Aye and No vote taken on the passage of the Ordinance received the following response: Ayes- Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones.- total 6; Noes - None; Absent - Director Linkous - total 1. The Ordinance was declared PASSED. Zoning Petition No. Z -3096 was.next presented, having been submitted by the property owner, Euell Paul, Jr., for the purpose of rezoning property located at 8623 Asher Avenue (described in lengthy legal terminology as shown on the Petition) from "A" One- family and "C" Two - family Districts to "F" Commercial District, as approved by the Planning Commission on January 25, 1977. There was no opposition presented to the zoning request, however, Director Keith pointed out the need for five feet additional right-of-way', for the improvements to Highway No. 5 at this location, as shown on the sketch prepared by the Staff. (See proposed Ordinance as follows) J FEBRUARY 15, 1977, Cont'd. Presented was a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 8623 ASHER AVENUE IN THE CITY OF LI TLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. Director Keith once again, pointed out the need for additional right -of -way for widening the major arterial street which requires an 80 -foot right -of -way. There was no motion for suspension of the rules; therefore, the Ordinance remained on the calendar for second reading at a later date. Considered at this time was - Zoning Petition No. Z -3097, submitted by E. B. Forman for the purpose of rezoning property located at 5219 West 12th Street, described as Lot 4, Block 1, Metropolitan Addi to the City of Little Rock, Arkansas, from "B" Residence District to "F" Commercial District, having approved by the Planning Commission on January 25, 1977. There was no one present.to speak in oppos to the rezoning of this property; therefore, a proposed Ordinance was placed on first reading. (See Ordinance No. 13,245, as follows) There was presented Ordinance No. 13,245, entitled: AN ORDINANCE RECLASSIFYING 5219 WEST 12TH STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; followed by a motion from Director Keith, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were then suspended to allow for the third and final reading of the Ordinance at this time by a motion made and seconded by Directors Keith and Dailey, respectively, and unanimously adopted by the Board Members present, being six.in number and two - thirds or more of the members of the Board of Directo elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. The Ordinance was then declared to have been PASSED. Presented at this time was an Appeal by Attorney Herbert C. Rule, III, for J. R. Holcomb on behalf of Dorothy Hennigin, owner of the south side of the 7500 Block of Ohio Street, described as Lots 7, 8, 9 & 10, Block 4, Riffel & Rhotons Forest Park Highlands Addition, of the Planning Commission's denial on November 24, 1976, of Zoning Petition Z -3081 to reclassify the above property from "C" Two - family District to "D" Apartment District. As a Public Hearing had been scheduled for this time and place, Mayor Mehlburger declared the Public Hearing to be open. There was no one present to speak for or 111111. against the Appeal and the Attorney for the Petitioner, Mr. Rules, was not in attendance; therefore, the Mayor declared the Public Hearing closed, and a proposed Ordinance to reclassify the subject property was placed on first reading. (See proposed Ordinance below) There was presented a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 7500 BLOCK OF OHIO STREET, SOUTH SIDE, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A motion then followed from Director Keith, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on second reading, which motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect. There was a second reading of the Ordinance and an ensuing motion, made and seconded by Directors Dailey and Keith, respectively, for a further suspension of the rules and the placing of the Ordinance on its third and final reading. The motion was subsequently adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of 3s0 FEBRUARY 15, 1977, Cont'd. members of the Board of Directors- elect; and -the Ordinance was 'then read the third and last time. An Aye and No Vote was taken at this time on the passage of the Ordinance and resulted as herein described: llAyes - None; Noes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Cr� Director Jones - total 6; Absent _ Linkous-- total 1. Accordingly, it was announced that the Ordinance had FAILED TO PASS. The next presentation was the Petition of Lilly Brown Beadle, submitted by the James Realty Company, requesting the vacating and closing of the alley in Block 27', C. 0. Brack Addition to the City of Little Rock, which Petition was approved by the Planning Commission. Documents included with the Petition were a letter from the Little Rock Abstract Company certifying to the last apparent owners of record of the property abutting the alley, and a-. certified copy of the plat of the C. 0. Brack Addition to the City of Little Rock as recorded in the office of the Pulaski County Circuit Clerk in Plat Record No. 1, at Page 166. Once again, Director Keith stressed the subject of right -of -way and reminded that the sketch prepared by the Staff indicated a need for an additional five feet from this tract along.Fair Park Baulev_a d.,_in' order to comply with the Master Street Plan. It was agreed that the petitioner be advised of this matter and that it be discussed further at the time of the Public Hearing. (See Resolution No. 5,668 as follows, which sets the date of Public Hearing for 7:30 o'clock P. M., March 15, 1977.) Then presented was Resolution No, 5,668, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK 27, C. 0. BRACK ADDITION TO CITY OF LITTLE ROCK, Resolution No. 5,670 was presented, entitled: A RESOLUTION AMENDING IN PART RESOLUTION NO. 5,575, AS AMENDED PERTAINING TO VARIOUS FEES TO BE CHARGED AT MUNICIPAL GOLF COURSES; AND FOR OTHER PURPOSES; ' with said Resolution being read in its entirety and subsequently adopted upon motion of Director Keith, seconded by Director Wellons and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 1; Noes - None; Absent - Director Linkous - total 1. ARKANSAS; with said Resolution being read in full-and thereafter adopted upon motion of Director Keith, seconded by Director Dailey, and the following roll call vote.: Ayes - Directors Keith and Dailey, Mayor Mehlburg Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. Considered next was the Petition of 555, Inc., Sheldon C. Vinsonhaler, Trustee for the Janet Vinsonhaler Realty Trust, Mrs. S. W. Rice, and 555 Employees Trust Fund, by Attorney Gary F. Liles., to vacate and close all of the Alley in Block 130, Original City of Little Rock, running south off West 8th Street between Arch and Gaines Streets, as approved by the Planning Commission. Accompanying the Petiti, were the following documents:. A„Ietter from the Little Rock Abstract Company certifying to the last apparent owners of record of the property abutting the alley, and a Sketch furnished by the Petitioner with a certification.from the Pulaski County Circuit Clerk's Office, stating that they do not find a ' Plat of record for Block 130, Original City. (See Resolution No. 5,669 as follows, which sets the date for Public Hearing on March 15, 1977 at 7:30 o'clock P. M.) Presented next was Resolution No. 5,669, containing the following title: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AN ALLEY IN BLOCK 130, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; and said Resolution was.read in-full. A motion was made,by Director Keith, seconded by Director Dailey, for adoption of the Resolution and subsequently submitted to a roll call vote whereby the Resolution was adopted as follows: Ayes -. Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total .l. Resolution No. 5,670 was presented, entitled: A RESOLUTION AMENDING IN PART RESOLUTION NO. 5,575, AS AMENDED PERTAINING TO VARIOUS FEES TO BE CHARGED AT MUNICIPAL GOLF COURSES; AND FOR OTHER PURPOSES; ' with said Resolution being read in its entirety and subsequently adopted upon motion of Director Keith, seconded by Director Wellons and by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 1; Noes - None; Absent - Director Linkous - total 1. FEBRUARY 15, 1977, Cont'd. The next item.to be considered was Ordinance No. 13,246, with the title,being: AN ORDINANCE AMENDING SECTION 39- 105,OF THE CODE OF ORDINANCES PERTAINING TO ADMINISTRATION AND ENFORCEMENT OF PARKING ORDINANCES; (Authorizing the utilization of certain Auxiliary Policemen in the administration and enforcement of Parking Ordinances) and there was a first reading of the Ordinance, followed by a motion from Director Dailey to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Keith, adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the member of the Board of Directors - elect; and-the. second reading of the Ordinance ensued. The rules were again suspended to allow for the third and final reading of the Ordinance -by a subsequent motion, made and seconded by Directors Wellons and Keith; respectively, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The was a third and last reading of the.Ordinance, and the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and Dailey, Mayor,Mehlburger, Directors Wellons, Castleman and Jones - .total 6; Noes - None; Absent Director Linkous - total 1. It was then announced that the Ordinance had been PASSED. On February 1, 1977, a proposed Resolution entitled: A RESOLUTION IN SUPPORT OF AMENDMENTS TO THE CITY MANAGEMENT FORM OF GOVERNMENT STATUTES OF ARKANSAS; AND FOR OTHER PURPOSES ", was read, as proposed by Director Linkous. A lengthy discussion was held and representatives of several Civic Groups and Organizations expressed their views on.the various proposals being considered. A forum -type discuss ion ensued between Board Members and persons in the audience; however, action on the Resolution was deferred until the February 15th Board of Directors Meeting. Consequently, this proposed Resolution was again, placed on the Agenda and at this point, Mayor Mehlburger invited comments from the floor. Th first person to speak was Ms. Erma Hendrix,. President of the Arkansas Branch of the National Association for the Advancement of Colored People. She presented the following Proposal: "Increase the Board by adding two (2) new positions. Converting from total At -large to At -large and Ward Elections; constituting the Board to include 7 Ward and 2 At -large Members; to assure a heterogenous Board; to eliminate gerrymandering; and, to guarantee the lack of a Quorum. At the election of November, 1978, that Position 1 be designated as a Mayor -at -large Slot and Positions 2, 4, 8 and 9, be classified as Ward Slots; and in November, 1980, Position 3 be an At- large Slot and Positions 5, 6 and 7, be designated as Ward Positions. Each Ward Position to be voted on exclusively by the residents of the specified geographical area as determined by responsible authority and At -large Positions to be voted on by the people." The next person to come forward was Mr. Willard Johnson, Chairman of the Executive Board of the Association of Community Organizations for Reform Now (ACORN). He stated that Director Linkous' proposal does not make the grade in one important area; by allowing the entire City to vote on Board positions that are to be filled by district representatives. But, that his organization is in agreement with his proposal to compensate Directors. He further told the Board that ACORN supports a change to the City Administrator Form of Government, and would like to see four Directors elected from districts, with only the citizens living in each district being eligible to vote for the candidates running for their district's Board position. The other three Directors would be elected At- large, with one of the three spots designated as Mayor. In his opinion, this would be a compromise between the Mayor - Council Form of Government and the current City Manager Form. Mr. Jeffrey L. Hawkins of the East End Civic , League advised that he would prefer that the Municipal Election be held with a Preferential Primary followed by a Run -off. He proposed that five Districts be set up with those five Board positions to be voted on by people in those Districts and the other two positions to be At -large positions voted on by IIIN the people. He further recommended that the Mayor have authority of veto, but no vote. Ms. Annie J. L67 FEBRUARY 15, 1977, Cont'd. Cox of the Pine Forest Community Organization, an affiliate of ACORN, spoke in support of the proposal presented by Mn— Willard Johnson -. 'Senator Jerry Jewell advised the Board of Directors that Senate Bill No, 394 is now on the Senate Calendar; which,he spoke in favor of and would require a majority of. the Directors to be elected from Wards and one of the remaining At -large positions designated as Mayor. Mr. Roger Armburst, Public Relations Director of_the Little Rock Chamber of Commerce stated that the business community stands hard behind the City Manager Form of Government and it is the Chamber's stand that Directors should not receive pay. At this time, the discussion was concluded and NO ACTION WAS TAKEN ON THE RESOLUTION as placed on'the Agenda. The matter of acquiring a new landfill site from the Ouachita Baptist University, or continuing the use,of the Rixey Landfill, which did not appear on the Official Agenda, was the next matter to be considered. City Manager Carleton McMullin advised that due to the timetable of the Ouachita Baptist University, there is a need to move-forward on the subject if the 130 acres south of the City Limits and owned by the University, is to be purchased for a new sanitary landfill site, . Director Wellons, who has studied plans and projections with the City Staff, the.Contractor and City Manager, advised that "with the information before us; I cannot promote either side; I am without recommendations because I ' do not know what to recommend. ". Mr. W. B. Putnam,.a local Realtor, presented his proposal for the City to continue taking City refuse to the Rixey Landfill in North Pulaski County. The City Staff maintains that a City- operated landfill will be cheaper over a 10 -year period, which is the expected life of the site under consideration for purchase from Ouachita University. When asked for comments, Mr. Ray High- tower, Chief of the Solid Waste Control Division of the Pollution Control and Ecology Department, said he "would hate to see the City committed to something long term when resource recovery might be just around the corner." Director Keith urged the Board to move ahead and vote affirmatively on the follow- ing proposed Resolution: Resolution No. 5,671 was presented, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN OFFER TO.PURCHASE CERTAIN LANDS IN PULASKI COUNTY, ARKANSAS FOR THE USE OF A SANITARY LANDFILL FOR A SUM NOT TO EXCEED $130,000.00; AND FOR OTHER PURPOSES; with the Resolution being,read in its entirety-. A motion then followed from Director Keith, seconded by Director Dailey, that the Resolution be adopted. A roll call was taken and the Resolution was sub- sequently adopted by the following vote: Ayes - Director Keith, Mayor Mehlburger, Directors Castleman and Jones - total 4; Noes - Director Dailey - total 1; Abstaining - Director Wellons,, total 1; Absent - Director Linkous - total 1. A request was presented by Mr. Robert G. Cress, President of the Board of Trustees of the Arkansas Children's Hospital, at the Agenda Meeting on February 9, 1977,,for a one -time capital grant for urgently needed hospital equipment in the amount of $25,000. City Manager Carleton McMullin prepared a report to the Board of Directors recognizing the merit of the request., but advised that the Staff =` could not recommend funding without prioritizing all of the needs.- Director Wellons then made a motion "that the City Manager respond to the hospital's request by letter to clarify the Board's position, while recognizing the important service they provide." The motion was seconded by Director Keith and i unanimously adopted by-the Board 4M* bers present. A brief general discussion ensued at this time in which Mayor Mehlburger requested the Directors to restate their position on the matter of -an additional one -cent sales tax, to be collected by the State ' and returned to the jurisdiction in which it was collected. Director Castleman stated that the opposes an additional sales tax at both State and Municipal levels. Director Wellons advised that he opposes; an additional sales tax at both levels, but strongly favors a earnings tax. Director Jones opposes the sales tax proposal, but would like to see an "open handed Home Rule." Directors Keith and Dailey both favor the sales tax proposal as endorsed by Resolution No. 5,553, adopted by the Board of Directors IJ I FEBRUARY 15, 1977, Cont'd. on July 6, 1976. Mayor Mehlburger announced at this time that an Executive Session would be necessary to discuss the appointment of a new member to the Little Rock Planning Commission, and the Board recessed at 9:15 o'clock P. M. to the Board's Conference Room for this purpose. Board of Directors Chamber Little Rock, Arkansas February 15, 1977 - 9:40 P. M. The Board of Directors reconvened from Executive Session with Mayor Mehlburger presiding and City Clerk Jane Czech and the following Directors present: Directors Keith and Dailey, Wellons, Castleman and Jones - total 5; Absent - Director Linkous - total 1. The final item to be presented was Resolution No. 5,672, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK PLANNING COMMISSION; AND FOR OTHER PURPOSES; (Appointing Mr. George H. Wittenberg, Jr. to fill the unexpired term of Mr. Donald L. Mehlburger expiring November 1, 1978) which Resolution was read in full. A motion-then followed from-Director Jones, seconded by Director Keith, that the Resolution be adopted. A -roll call was taken and the Resolution was - subsequently adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, the meeting was adjourned at 9:45 o'clock P. M., to meet again in regular session on Tuesday, March 1, 1977 at 7:30 o'clock P. M. ATTEST: City Clerk APPROVED: %Mz Mayor V L 1 Board of Directors Chamber Little Rock, Arkansas March 1, 1977 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met,in regular session with Mayor Mehlburger presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. A quorum was declared present, and the proceedings of the meeting are herein recorded as follows: The Invocation was given by Director Dailey. Presented first for consideration were the Consent Items, described as follows: (a) The Minutes of the Previous Meeting held on February 15, 1977. (b) The 1976 Annual Report of the Mount Holly Cemetery Association. (c) The 1976 Annual Audit Report of the Little Rock Municipal Airport. (d) Resolution No. 5,673, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR VIDEO COMPUTER TERMINALS; GRADER PARTS; AND TRAFFIC SUPPLIES; RENEWING CONTRACTS WITH GULF OIL COMPANY AND AMERICAN OIL COMPANY FOR GASOLINE PURCHASES DURING THE YEAR 1977; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES.- (e) Resolution No. 5,674, with the title being: A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR RENOVATION OF THE BAIRD BUILDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (Successful Bidder: RDR Enterprises, Inc. Bid Price: $369,800.00) By Motion of Director Keith, seconded by Director Linkous, with all Board Members present and voting Aye, the Consent Items were dispensed with as follows: (a) The Munutes were approved as written and summarized to the Board of Directors; (b & c) The Reports were received and filed; and (d & e) Resoluti No. 5,673 and 5,674 were read in full and adopted. Mayor Mehlburger next announced that a matter not appearing on the Official Agenda would be discussed at this time, the subject being the acceptance of the retirement of Police Chief Gale F. Weeks, who advised the Board last week that he was prepared to take his retirement when the question of his effectiveness as Police Chief arose, after a Federal Judge handed down his ruling on a suit filed in Court against the Chief, Assistant Chief and a Police Lieutenant; the Judge's ruling being'against the three Police Officers, and in favor of a Police Lieutenant who filed the suit as a result of an alleged demotion. The question of whether or not the discussion should be held in executive session arose. It was Director Castleman's opinion that an executive session was not necessary and requested the Board to handle the matter in open forum. Director Dailey stated that he was inclined to favor an executive session, but if there was no discussion, he was agreeable to consideration at this time. Mayor Mehlburger commented that it was "time for .this 'Board to take some action." At this point, Resolution No. 5,675 was presented, entitled: A RESOLUTION ACCEPTING,THE RETIREMENT OF GALE F. WEEKS, CHIEF OF THE LITTLE ROCK POLICE DEPARTMENT; AND FOR OTHER PURPOSES; - with said Resolution being read in full•and thereafter adopted upon motion of Director Linkous, seconded by Director Dailey, and the following roll call vote: Ayes.--Directors Keith and Dailey,'.Mayor Mehlburg Directors'Linkous Wellons, Castleman and Jones;- total 7; Noes - None; Absent - None. 'A large dele- gation was in attendance opposing the adoption of the Resolution, and after some - disruption of the Meeting, Mayor Mehlburger announced a ten minute recess at 7:40 o'clock P. M. MARCH 1, 1977, Cont'd. Board of Directors Chamber Little Rock, Arkansas March 1, 1977 - 7:55 P. M. The Board of Directors reconvened with Assistant Mayor Dailey presiding and Jane Czech, City Clerk, calling the roll with the following Directors present: Directors Keith, Linkous, Wellons, Castleman and Jones - total 5; Absent - Mayor Mehlburger - total 1. There as presented Ordinance No. 13,247, described as: AN ORDINANCE RECLASSIFYING 8623 ASHER AVENUE IN THE CITY OF LITTLE ROCK',"ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF'THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the second time,.having been read the first time on February 15, 1977. There was a subsequent motion from Director Linkous, seconded by Director Keith, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously adopted by the Board Members-present, being six in number and-two-thirds or more of the members of the Board of Director - elect; and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Director Keith, Assistant Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. Director Keith advised that the owner of the above described property has deeded the City the 5 -feet needed for right -of -way for street improvements at this location, and it is his hope that this policy will be continued in the future. The Ordinance was then declared PASSED. The next presentation was the Petition submitted by Hodges Vines Fox Castin & Associates, to vacate and close the East 20 ft. of the dedicated right -of -way of Merrill Drive between Rodney Parham Road and Rainwood Road, which has never been used as a public ".street. On June 6, 1974, the Little Rock Planning Commission granted approval of the Charles Valley Subdivision Preliminary Plat, which included the proposal to close this portion of Merrill Drive. Included with the Petition was a certified copy of the Plat of Berkshire.Park Horizontal Property as.recorded in the office of the Pulaski County Circuit Clerk in Plat Book No: 31, at Page 18. (See.Resolution No. 5,676 as follows, which sets the date of Public Hearing for 7:30 o'clock P. M., April 5, 1977.) Resolution No. 5,676 was then presented; entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE.CITY.OF LITTLE ROCK,.ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF MERRILL DRIVE.BETWEEN RODNEY PARHAM ROAD AND RAINWOOD ROAD, BERKSHIRE PARK HORIZONTAL PROPERTY.REGIME ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Resolution was read in full. A motion was.made.by Director Keith, seconded by Director Linkous, . for adoption of the Resolution and subsequently submitted to a roll call vote whereby the Resolution was adopted as follows: Ayes —Director Keith, Assistant Mayor Dailey, Directors Linkous, Wellons, Castle- man and Jones - total 6; Noes - None;. Absent - .Mayor Mehlburger - total 1. There-was presented at this;time_Resolution No. 5,677, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BOOZ, ALLEN & HAMILTON FOR IMPLEMENTATION OF PHASE-III OF THE LITTLE.ROCK GROWTH POLICY AND MANAGEMENT STUDY; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. .Director Keith briefly commented on the 71� to 100 days required for completion of the Study, while-Director Dailey was advised by City Manager Carleton McMullin that the maximum'.amount.needed to complete the Growth Study is $24,000, which has previously been appropriated. It was Director Linkous! feeling that.the.Board had not been appraised that there would be an overage. There was a motion then.made by Director Wellons, seconded by Director Jones, which resulted in a roll call vote and the Resolution was adopted as follows: Assistant Mayor Dailey, Directors Linkous;-Wellons,-Castleman and Jones.- total 5; Noes - Director Keith - total 1; Absent - Mayor Mehlburger = total 1. 4 1 MARCH I,- 1197,7,,cont'd. IIII Considered at this time was Resolution No. 5,678, entitled: A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATION OF FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE YEAR 1977 -1978; AUTHORIZING THE FILING OF AN APPLICATION FOR SAID FUNDS; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. 'Upon question by Director Castleman, City Manager Carleton McMullin�informed• the Board that a traffic light for 36th Street and Asher Avenue was not included in the Community Development Block Grant Funds, but that he would bring to the Board a list of priority streets .for -signalization,.along,with recommendations. Assistant Mayor Dailey then made a proposal "that $30,000 -be removedlrom the Contingency Fund and set aside for the City Manager to empl two persons to� enforce ordinances requiring property owners in the business districts to keep their sidewalks clean, and make it more comprehensive-by including residential districts." Director Keith then made a motion "that the Resolution be amended to include the proposal by Assistant Mayor Dailey, and adopted." The motion was seconded by.Direc,tor Wellons and the Resolution was adopted, as amended, by the following-roll call vote: -Ayes -- Director - Keith,'Assistant Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes.- None; Absent - Mayor Mehlburger - total 1. At this time, Mayor Mehlburger was enrolled and presided over the remainder of the Meeting. Resolution No. '5,679 was the.next. presentation,- described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROPOSE TO THE ARKANSAS GENERAL ASSEMBLY NOW IN SESSI THE ENACTMENT OF LEGISLATION AUTHORIZING.CITIES OF THE FIRST CLASS WITH PLANNING COMMISSIONS CREATED PURSUANT TO AUTHORITY OF ACT.186; AS AMENDED, TO CONTROL THE USE OF AREAS ADJACENT TO SHOPPING CENTERS AND OTHER COMMERCIAL ENTERPRISES FOR THE.CONVENIENCE OF THE PUBLIC SO AS TO PROVIDE INGRESS AND EGRESS, LOADING AND UNLOADING. AREAS,.FIRE.LANES.. PARKING..SPACES AND OTHER MEASURES FOR THE SAFETY AND CONVENIEr OF THE PUBLIC; and the Resolution was read in -its entirety. ..A..motion was then made by Director Linkous, seconded by Director Castleman,. which resulted in a.-roll call vote whereby the Resolution was adopted as follows: Ayes - Director Dailey, Mayor Mehlburger,.Directors_Linkous, Wellons, Castleman and Jones - .total 6; Noes -- Director Keith - total 1;. Absent - None. A Proposed Resolution had been.placed•on the Agenda of commendation to Mr. Robert McIntosh, however, City Manager - Carleton .McMullin:explained.:that. this matter would be included with others relat to Community Development :Block.Grant.Frojects, therefore no action was taken on the Resolution. 1111111 The next presentation.was a_proposed.Resolution, entitled: A RESOLUTION IN SUPPORT OF AMENDMENTS TO THE,CITY;MANAGEMENT FORM OF GOVERNMENT STATUTES OF ARKANSAS; AND FOR OTHER PURPOSES; which Resolution was read on February 15, 1977.and action delayed to give various groups an opportunity to present proposals for amendments.. At this time ,.Director :Linkous'made a motion that the proposed Resolution be withdrawn from the.Agenda, seconded . by -Director Dailey; and,the Motion was.adopted by the following roll call vote: Ayes - Directors.Keith and.Dailey, Mayor Mehlburger, Directors Linkous, Well Castleman and Jones total.7; Noes - .None;. Absent ­None. Considered at this time was Resolution No. 5,680, withithe title being: A RESOLUTION SETTING POLICY FOR APPOINTMENT TO BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. :A.discussion ensued regarding the attachment to the, Resolution entitled: "Appointment Procedures.'•'The proposed procedure provided that after the deadli for submitting- applications,'the Board -review'all resumes and recommendations in executive session and select candidates.. Director Castleman told•the Board of Directors that he felt the procedure should be amended to provide that.the applications be voted on in public and eliminate the reference to "executi session." Director Wellons was of the opinion that the Board should decide or-have the option to make the appointments in- executive.session or in public. Director Keith cautioned that "we might be boxing 71 MARCH 1. 1977, Cont'd. ourselves in," and suggested.that the word. "shall" in the opening paragraph be` changed to "may.." City Attorney Joseph Kemp advised that the appointment procedures..could be permissive and not be mandatory. At this point, the following amendments were offered:to the proposed:Appointment Procedures: That the opening paragraph read: "Effective March,l,, 1977 the..intended procedure followed by the Little Rock Board of Directors-in.making appointments to the various Boards and Commissions of the City may be as follows: Section 3. After the submission deadline the.Board will.review. all resumes and recommendations and select candidates. Should interviews be desirable or necessary, they will be conducted in executive session." The proposed amendments were; adopted,by.a..roll- call..vote; described.as:- Ayes- Mayor Mehlburger, Direct Wellons, Castleman and Jones - total 4;- .Noes -- Directors..Keith,'Dadley and Linkous - total 3; Absent - None. A subsequent motion from Director Wellons,,.seconded by:Director-Keith, adopted the Resolution, as amended, by the following roll call vote: Ayes - Directors.,Keith and'Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7;" Noes - None; Absent - None. Resolution No. 5,681 was the next matter-to be considered,adescribed as: A RESOLUTION ACCEPTING THE RESIGNATION OF MR. CHARLES C. CRAWFORD AS A MEMBER OF THE CIVIL SERVICE COMMISSION FOR THE'CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Linkous, seconded by Director Jones, which resulted in a roll call vote whereby -the Resolution was adopted as follows: Ayes ' Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous; Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. At the Board of Directors Agenda Meeting on Wednesday, February 23, 1977 the announcement was made that due to the resignation of Mr: Charles Crawford;.a..vacancy existed on the Civil Service Commission, and that Mr. P. A. "Les" Hollingsworth would be appointed to'fill this position at this Board Meeting. Since two other vacancies will occur on this.Commission, April 1, 1977, there was a forum type discussion on whether to proceed with the appointment now existing, delay same', or make all three appointments at the same time. Director Castleman made a motion "to delay the appointment of Mr. Hollingsworth until April 5th." Director Dailey stated.that he was ready to go ahead and act and hated to see the Board delay the matter, further adding.that..he would vote against the motion to delay. Director Jones said she would like to see the Board handle and evaluate all three appointments in April. Director Keith commented "this is a sensitive committee.- and...I see nothing to be gained by delaying the matter, and I will vote to stand on the-action stated Wednesday. ". After further discussion, Mayor ' Mehlburger favored deferring the appointment after meeting.with a Committee from the Little Rock Municipal Police Association on- Monday; remarking that a delay "is not a sign of indecisiveness." Director Wellons concurred with Mayor Mehlburger and after further comments, Director Keith also agreed. .Mayor Mehlburger then called attention to the Motion by'Director Castleman "to delay the appointment of Mr. Hollingsworth until April 5th.'.' Director.Dailey:seconded the motion which was adopted by the following roll call vote: Ayes - Directors Keith and Dailey,'Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - Director Jones.. - .total 1;. Absent - None. After adoption of the Motion, the proposed Resolution was not presented. There was presented at this time Resolution No. 5,682, containing the following title: A RESOLUTION MAKING APPOINTMENT TO THE LITTLE ROCK.AIRPORT COMMISSION; AND FOR OTHER PURPOSES: (Appointing Mr. Dave'Grundfest, Jr.) with said Resolution being read in full.and thereafter adopted upon motion of Director Linkous, seconded by Director Wellons, and the following 'roll call vote: .Ayes - .Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and.Jones - total 7; 'Noes - None; Absent - None. ' At this time, Mayor Mehlburger announced vacancies on the following Boards and Commissions: Board of Adjustment, City Safety Commission, Electrical Examining Board, Arkansas Arts Center, Civil Service" Commission, Sign Code Board of Review and the Sewer Commission. He requested that interested persons file applications for appointments to the various Boards and Commissions. 9 C MARCH 1 1977, Cont'd. Mayor Mehlburger then invited persons wishing to speak or express a viewpoint.or other message to come forward at this time. ,-Mrs: Erma Hendrix was the first citizen to speak and she- requested that the City Attorney take a look at' the ' possibility of extending the membership of the Board of Directors by two, and that the Board consider passing an Ordinance to change the present form of Municipal Government Mr. Calvin Scribner, a member of'the Pulaski County and State Democratic Committees was the•next person to be heard and he voiced disapproval of the manner in which the Board handled the proposed appointment of Mr. Hollingsworth to the Civil Service Commission. - Mr. Darrell Snelling, a member of the Christian Fellowship League presented a request for utiliz- ation of Wakefield Ballfield by that League during the coming softball season. Mr. Julius Breckling advised that this league had used the field in the past, with the mutual agreement that after the development of Wakefield Park was completed it would not be available for independent league use after 1976, if additional fields were needed for city sponsored leagues. He said the Parks Department plans to use Wakefield Ballfield this season for the newly organized-Women's Softball League. It was his recommendation that the Christian Fellowship League participate in the City or YMCA leagues. Mr.`Snell- IIing advised that the expense of joining the YMCA league was too great for the Christian Fellowship League, therefore the request was being made for use of the Wakefield Park. After discussion, it was suggested that Directors Castleman and Linkous assist Mr. Snelling in attempting to work out a solution to the problem, however, no definite action was taken on the request. Mr. Paul L. Williams was.the next person to come forward and make a statement. He criticized. the Board of Directors for announcing hastily that Mr. P. A. Hollingsworth would be' appointed to the Civil Service Commission, instead of considering other applicants to fill the vacancy. Supporting the proposed appointment of Mr. P. A. Hollingsworth to the Little Rock Civil Service Commission were Dr. Roosevelt Brown and Mr. Howard Love. Dr. Brown advised that he concurred in Mr. Hollingsworth's appointment and Mr. Love, who is director of the Urban League of Greater Little Rock, said "he has done a great deal for the black community and for the Urban'League." Regarding the Community Development Block Grant Program for'the coming year; Mr. Stark Ligon questioned whether or ndt'the Central Little Rock and Central High Neighborhoods were included in the project, and was advised by Mayor Mehlburger that they were not. Mr. Willard Johnson; a spokesman for Arkansas Community Organizations for Reform Now, was the last person to be heard and informed the Board that ACORN people are pleased with, and heartily endorse the proposed appointment of Mr. Hollingsworth'to a term on'the Little Rock Civil Service Commission. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith,--seconded by Director Linkous, and unanimously adopted by the Board Members present, the meeting adjourned at 9:30 o'clock P. M., to meet again on Tuesday, March 22, 1977 at 7:30 o'clock P. M., instead of the regular meeting date of March 15th, due to the Board attending the meeting of the National League of Cities being held in Washington, D. C. ATTEST: (F "' �, p/ APPROVED City Clerk Mayor -- \111N J 0 Board of Directors Chamber. Little Rock, Arkansas March 16, 1977 3:00 P. M. The Board of.Directors- of,the City.of Little- Rock,,,Arkansas met in Special Session, with the Mayor's Notice -of Special Meeting, filed; with the City Clerk, and signed by five Directors (Director, Keith being in Europe and impossible to_ reach). Presiding were.Mayor Donald L. Mehlburger and City Clerk Jane Czech, with the following_ Directors present: Directors Dailey, Linkous, Wellons and Castleman - total 4; Absent - Directors Keith and Jones - total 2. There being a quorum in attendance and it being so stated, Mayor Mehlburger announced that the purpose of the Special Meeting was "to consider the passage of an Ordinance authorizingnthe;:- issuance of ten million dollars,($10,000,000) in principal amount of water revenue bonds to be.used for the purpose of financing- improvements to the [dater Works System of the City,of Little Rock; authorizing their public sale; authorizing the execution and delivery of a second supplemental trust indenture, and other matters relating thereto." After the announcement of the purpose of the meeting by Mayor Mehlburger, Ordinance No. 13;248 was presented entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $10,000,000 IN PRINCIPAL_AMOUNT OF WATER REVENUE BONDS, SERIES D, FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO.THE_WATERWORKS SYSTEM OF THE.CITY OF LITTLE ROCK, ARKANSAS; AUTHORIZING THEIR PUBLIC SALE; AUTHORIZING THE EXECUTION AND,DELIVERY OF A SECOND SUPPLEMENTAL TRUST INDENTURE (IN,THE -FORM AND WITH THE CONTENTS SET FORTH IN THE ORDINANCE); DESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN;EMERGENCY; and there was a first reading of,the Ordinance., The rules were then.suspended and-the Ordinance placed on its second reading by a motion from Director Dailey, seconded,by Director Wellons, which was adopted by unanimous vote of the Board: Members present, being five in- number and two - thirds or more of the members of the.Board of Directors - elect. The Ordinance was read the second time; after which there was a subsequent motion from Director Linkous, seconded by Director Dailey,.that.the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously adopted by the Board,Members present, being five in number and two - thirds or more of the members of the Board of Directors- elect; and,the Ordinance was then read the third and last time. The resulting Aye and No vote taken on the passage. of ,the,_Ordinance received the following response: Ayes - Director. Dailey,.Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 5; Noes - None; Absent - Directors Keith and,Jones - total 2. The Emergency Clause contained in Section 7 of the .foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 5; Noes - None; Absent - Directors Keith and Jones - total.2. Therefore, the Ordinance, together with the Emergency Section was declared PASSED. After the passage of the Ordinance, Mr. Don Grimes of Powell & Satterfield Investment Company requested that the Bid Opening on the sale of the Bonds be set for Wednesday, April 13, 1977 at 2:00 o'clock P. M. Mayor Mehlburger then stated that the Bid Opening would be held on April 13th at 2:00 P. M., after no opposition to this time was voiced. There being no further business to come before the Board of Directors at this time, upon motion of Director Linkous,. seconded by Director Dailey, and unanimously adopted by the Board Members present, the meeting was adjourned at 3:10 o'clock P. M., to meet again in regular session on Tuesday,llarck:22,, 1977 at 7:30 o'clock P. M. ATTEST: APPROVED: City Clerk Mayor I 1 i I Board of Directors Chamber ' II Little Rock, Arkansas March 22, 1977 - 7:30 P. M. The Board of Directors of the_City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. A quorum was declared present and the proceedings of the meeting are herein recorded as follows: The Invocation was given by Director Wellons. Presented first for consideration were the Consent Items, described as follows: (a) The Minutes of the Previous Meeting held on March 1, 1977 and the Special Meeting held March 16, 1977: (b) The Comparative Statei for month of January, (c) The 1976 Audit Report (d) The 1976 Annual Audit (e) The 1976 Annual Audit (f) The Abstract of Votes September 21, 1976. nent of Income Account of the Little Rock Municipal Water Works 1977. of Little Rock Municipal Water Works. - Report of the City of Little Rock. of the Little Rock Wastewater Utility. cast in the Capital Improvements Special Election held (g)' Resolution No. 5,683, entitled: A RESOLUTION AWARDING CONTRACTS FOR AUTOMOTIVE TIRES AND TUBES; EXTENDING A CONTRACT FOR CARPENTRY WORK.AT CITY HALL; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (h) Resolution No. 5,684, with the-title being: A RESOLUTION AMENDING'IN PART RESOLUTION #567O PERTAINING TO VARIOUS FEES TO BE CHARGED AT MUNICIPAL GOLF COURSES; AND FOR OTHER PURPOSES. By motion of Director Linkous, seconded by Director Keith, with all Board Members present and voting Aye. the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors; (b, c, d & e) The Reports were received and filed; (f) The Abstract of Votes of the Special Election held September 21, 1976 was - received and filed; and (g & h) ' II II Resolutions No. 5,683 and 5,684 were read in full and adopted. There had'been placed on the Agenda, two Zoning Proposals, both having been approved by the Commission on February'.22, 1977; one to rezone 9923 West Markham Street and the other to rezone 5600- "B" Street. The proposed Ordinance contained both properties and Director Keith made a motion that a i r separate Ordinance be presented'for.each' zoning matter. This motion was seconded by Director Dailey and' adopted by unanimous voice vote by the Board Members present. Following the above action, Zoning Petition (Z -3108) from Mr. A. B. Farquharson, for the H. H. Crawford Estate, was presented which requested the rezoning of .9923 West Markham Street, described as "the north'3OO feet of the west 100 feet of Tract 8, West Markham Street Subdivision; from "A" One- family District to, "E-1" Quiet Business District: As stated•-- above, the Planning Commission approved this proposal on February 22, 1977. The proposed Ordinance was then presented,-entitled: - -- AN AN ORDINANCE RECLASSIFYING 9923 WEST MARKHAM STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES I OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first 'time. A discussion ensued regarding the need for an additional ' 10 feet of right -of -way for the Markham Parkway planned for the future. The petitioner stated that he could not agree to the dedication at this time, but in the future, if other property owners dedicated ,- ➢ right -of -way, he too, would'b ;e willing to make the dedication. He further added that he was advised only three days ago of the right- of- way'problem and'in "his opinion, right of way acquisition and zoning are separate issues. Director-.Keith advised that unless the dedication is agreed to, that he will be unable i r MARCH 22, 1977, Cont'd. to vote for the change of classification. Director Linkous requested that better coordination be accomplished between the Staff and Petitioner, in order to advise petitioners of the views regarding needed right -of -way. At this point, City Manager Carleton E. McMullin asked, "shall the Planning ' Commissioners be advised that it is desired that they deal with this issue ?" Director Keith replied that at the earliest possible time, the applicant should be made aware of any right�of -sway deficiency. Director Linkous told the Board that the petitioner needs to know about needed right -of -way when a petition is filed and-Director Jones felt this issue might be one of -the check list items to be studied. Mayor Mehlburger then suggested that Mr. Nathaniel Griffin,-Director of Community Services and City Manager Carleton McMullin work.out a procedure to.carry out the-matter of deficient right -of -way. Therefore, the proposed Ordinance was left on the calendar for second reading. Considered at this time was.Zoning Petition- (Z- -3112) submitted by Jett Ricks for the purpose of- rezoning property at 5600 "B" Street, described as Lots 25 and 26, Block 1, Oak Grove Addition to the City of Little Rock, from "C" Two - family District to "D" Apartment District, having been approved by the Planning Commission on-February 22, 1977. There-was no one present to speak in opposition to the rezonin of this property; therefore, a proposed Ordinance was placed on first reading. (See Ordinance No. 13,24�I as follows) There was presented Ordinance No. 13,249, entitled: , AN ORDINANCE RECLASSIFYING 5600 "B ".-STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF LITTLE ROCK;.ARKANSAS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; followed by a motion from Director Keith, seconded by Directo Dailey, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was.then read the second time. The rules were then suspended to-allow for the third and final reading of the Ordinance at this time by a motion made and seconded by Directors Linkous and Keith, respectively', and.unanimously adopted by the Board Members present, being seven in number and.two- thirds .or more of the members of the Board of Directors - elect. There was a third and last reading-of the Ordinance; -after which an Aye and No Vote taken on the passage of the Ordinance received.the following response:. Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons,_Castleman and.Jones.- total 7; Noes - None; Absent - None. The Ordinance was.then declared to have.been PASSED. ' The next presentation was;an Appeal.byAttorney Paul Stanfield, for Frank Pace, of - thePlanning Commission's recommendation for denial.of- Petition (Z- 3084).to rezone property located at 3123 Fair Park Boulevard, described as Lots 3, 4 and -the South 34.8 ft. of Lot 5, Block 13, C. O. Brack Addition to the City of Little.Rock, from "B" Residence District to "F" Commercial District. There was a motion from Director Keith, seconded by Director Dailey, to place this item on the Agenda for a Public Hearing on April 19, 1977, at 7:30 o'clock P. M., the date requested by Attorney Stanfield, and the motion was adopted by unanimous voice vote of the Board Members present. The next matter to be considered was an Appeal by Attorney W. V. Lewis of the Planning Commission's denial of Petition (Z -2494) to rezone property located at 1001 John Barrow Road, described as all of the W� of Tract No. 1 and all of the East-260 ft. of Tract -No. 2, Hopson and Sachs Suburban Tracts to the City of Little Rock, from "A" One- family District to "F ".Commercial District. A Motion was made by Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, which set the date of a Public Hearing on this zoning issue for Tuesday, April 5, 1977 at 7:30 o'clock P. M. A Public Hearing had been scheduled for this time and place by Resolution No. 5,668 for the purpose , of 'hearing arguments on;the proposed vacating and closing of an alley in-Block 27 of the C. 0. Brack Addition to the City of.Little Rock, Arkansas, as requested by the James Realty Company for Lilly Brown Beadle, and approved by the Planning Commission.. -As.notice of the Public Hearing had been duly published by'Law February 21, 1977 and February 28, 1977, the Public Hearing was therefore, declared) as required on _�; !L�_ VIL 3'77 MARCH 22 1977, Cont'd. open and persons'in- attendance :were invited- to.come forward at this.time to speak for or against the proposed closure of this alley. -There was.no.one present to speak in opposition to-the closure, but Mr. James-of the James Realty Company advised:the Board-of-Directors that the dedication was-being ' prepared for the 5.ft..right =of -way needed for improvements along Fair Park Boulevard and would be filed for record. Mayor Mehlburger then announced that- the_Public Hearing would be closed and•an..Ordinance to vacate and -close the alley -in- question was placed on first reading. (See Ordinance No. 13,250,,as follows) Presented at.this time was Ordinande.No..131250, described as:. ORDINANCE OF THE -BOARD OF.DIRECTORS OF THE CITY.OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING.THE ALLEY IN BLOCK 27 OF THE C. 0: BRACK ADDITION TO THE.CITY OF LITTLE ROCK, ARKANSAS;. and the Ordinance was read•the first time.. A motion then followed.by Director Keith, seconded by Director Dailey,:that the rules be.suspended.and.the Ordinance be placed.on its second reading. -The motion was adopted by unanimous vote.of:the Board Members present, being seven in number and two - thirds or more of the members of the Board,of Directors- elect;...and the second reading of the - Ordinance ensued. A subsequent - motion: was. then made.­by Director Dailey,. seconded .by..Director. Keith, .for:a further.suspensic of the rules to allow for the third and final-reading of the Ordinance at this time; which motion was ' adopted by unanimous vote of,the Board Members present; being seven in number-and two-thirds or more of the members of the :Board of Directors = elect. There-was a.third and final reading °of the - Ordinance, and the resulting Aye and No Vote,taken :on the - passage of the Ordinance received the following response: Ayes - Directors Keith and= Dailey,•Mayor Mehlburger,-,Directors Linkous, Wellons, Castleman -and Jones- - total 7; -Noes - None; Absent = None:., Accordingly, it was announced that the.Ordinance.had PASSED. Again presented -was the Petition of 55.5,'Inc., Jarnet.Vinsonhaler Realty Trust, Mrs.:S: W. Rice and 555 Employee Trust Fund, to.vacate'and.close:the Alley in Block 130, Original City of Little Rock, which request had been approved by the-Planning Commission. Notice of the Public Hearing, which had been designated for this time and place,-had been published.on.February'21, 1977 and February :28, 1977; and receipts for individual notices-to-property owners,in the immediate vicinity had been,filed.in.:the.Office of the City Clerk. Mayor Mehlburger-declared-the Public•Hearing to be open.at,this time; and there was no one ..present..opposing :the.closure of-this Alley, therefore, the Public Hearing was- closed and:..an.2 '. Ordinance to.vacate same was..placed.on first reading::. ^.(See. Ordinance No.i13;251, below) .. ' Ordinance.No. 13,251 was presented;awith the title- being:. ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,. ARKANSAS ,.VACATING -AND.CLOSING:THE ALLEY IN BLOCK 130, tORIGINAL_CITY OF,LITTLE ROCK, ARKANSAS;. and there was.a first.reading-of the-.Ordinance, followed by a_motion from Director Dailey ' to - suspend the rules and place the Ordinance on'its second.reading...The motion -was seconded by'Director Keith,.adopted by unanimous vote of-the.Board.Members present; being seven:in::number and two - thirds or more.of the members of the Board of Directors- elect; -and-the.second'reading of the Ordinance-,ensued.' The rules were again- suspended to allow for the,.third and,final.reading of•the.Ordinance-by..a subsequent motion,; made.by Directors Linkous-and Keith; respectively, and-unanimously adopted.by the Board Members present, being.seven in- number and:two- thirds or more'of.;the members of the -Board of Directors- elect....There was a third and.last.reading of. the.O tdinance ;,and_the;iresulting -Ayes and No_Vote- .taken on the passage_of. the Ordinance,received:the following response:'.Ayes - Directors'.Keith and: Dailey „Mayor=Mehlburger,.Director Linkous, Wellons,.Castlemanr.and-,Jones:- :total 7; +:.Noes:= --None;. Absent -- None. The:Ordinance was..then, ' declared PASSED..: , - .... . ; I . ,.. . -. . . _ _ - . . .. __ _ _c .. _- - . :r _ The next presentation was theoP.etition of the ::Arkansas - Highway Department,cBonanza%Realty; Inc.,” Moon Realty, Inc.,'.'H' » &- M.Realty,Company and.Hastings'Realty'�Company; by: Attorney :.Paul = Stanfield; request- ing the vacating - .and - closing of-Bragg .Street . lying'south of-Roosevelt-Road and.adjacent to'Bragg's -- Second Addition and Sherman Street, E. 28th Street,'and E. 29th Street lying east'.of the -east R /W'line of Interlll state Highway I -30 and adjacent to Pettefer's Addition and Cox's Annex to Pettefer's Addition and J I MARCH 22, 1977, Cont'd. portions of E. 30th Street and Doris,Street adjacent,to Biddle Addition and Quapaw Addition. This Petition received the.approval of the-Planning Commission, except.the small triangle of Bragg Street._ at Roosevelt Road needed for - future right -of -way. - Documents included with the-Petition were a.letter ' from Beach Abstract and Guaranty Company certifying to-the last apparent owners.of_ record of the property abutting the proposed closures,-and a. certified copy,of -the plat-of,Pettefer's Addition, Quapaw.Addition, Cox's Annex to Pettefer's Addition, Biddle Addition - and -Bragg's Second- Addition to the City of Little Rock as recorded in the Office of the Pulaski County_Circuit'Clerk.._(See Resolution No. 5,685 as,follows, which sets the date of Public Hearing for Tuesday, April 19, 1977 at-7:30 o'clock,P._M.) . Then presented.was Resolution No. 5,685, entitled: , RESOLUTION OF THE -BOARD OF DIRECTORS OF..THE CITY.OF:LITTLE ROCK; ARKANSAS, SETTING THE DATE OF . , HEARING ON THE PETITION,.TO VACATE PORTIONS.OF BRAGG`STREET LYING SOUTH OF ROOSEVELT ROAD AND ADJACENT TO BRAGG'S SECOND ADDITION AND SHERMAN'STREET;. E. 28th:STREET .AND E:_ -29th STREET,LYING EAST -OF THE-EAST.. R/W LINE OF INTERSTATE HIGHWAY I -30 AND ADJACENT TO PETTEFER'S.ADDITION AND COX'S ANNEX TO PETTEFER'S ADDITION AND PORTIONS OF E. 30th STREET AND DORIS STREET.ADJACENT:TO,.BIDDLE ADDITION AND QUAPAW ADDITION; with said Resolution being read in full and thereafter adopted upon motion of,Director Dailey, seconded by Director Wellons, and the.following.roll.call. vote: _.Ayes.= Directors.Keith and Dailey, Mayor MehlburgEl, Directors Linkous, Wellons, Castleman and Jones 7.total­7;..Noes - -None; - Absent - None. ' The next matter to be considered-was-Ordinance No:-13,,252; with the,title being:. AN ORDINANCE AWARDING CONTRACTS:FOR THE PURCHASE OF :LIGHTING,EQUIPMENT °FOR.THE METROCENTRE IMPROVE- MENT DISTRICT; APPROPRIATING. FUNDS; AUTHORIZING PAYMENT; AND FOR,OTHER PURPOSES; and the Ordinance was .read. the first time; A motion then followed by Director Wellons to suspend the . rules and.place the Ordinance on its second.reading.. The motion-.was seconded by Director Dailey, by unanimous vote of the Board Members.present;.being seven.in.number , and.two- thirds or more of the members of the Board of Directors - elect; and the second reading +of the Ordinance.ensued.:.The rules were again suspended to allow for the third and last reading of the Ordinance by a subsequent motion, made and seconded by Directors Linkous and Dailey, respectively, and - unanimously adopted by the Board Members 1111111 present, being seven in number and.two- thirds:or. more of the members.of the Board of Directors- elect. There was a third and lastireading of the Ordinance, and the resulting Aye and No Vote taken on the passage of the Ordinance received the:following.response:. Ayes - .Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman.and Jones_�,total.7; .Noes---None; Absent - None. , It was announced that the Ordinance had PASSED. Introduced at this time was Ordinance No. 13;253, containing the following title: AN ORDINANCE ACKNOWLEDGING RECEIPT OF FUNDS RECEIVED AND TO BE RECEIVED PURSUANT TO TITLE II OF FEDERAL LAW PL94 -369; APPROPRIATING -.SAID FUNDS; AND -FOR OTHER PURPOSES;. (For salary expenses-within the Department:of-Community Services and.Solid Waste Collection,Division) and there was afirst reading of the Ordinance; followed by•a motion from.Director Dailey for a .. suspension of the.rules and the placing.of the Ordinance on its second reading. The motion was seconded by Director Linkous and.adopted by unanimous-vote of the Board Members present, being seven in number and -two- thirds or more of the members of the_.Board , of.Directors- elect: Upon second reading of the Ordinance, there was a subsequent motion again made and-seconded by Directors Wellons and Dailey, respectively, for a. further suspension-.of the rules to ..provide for the third and final reading of the Ordinance at this time. The motion was.unanimously adopted by the.Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third and,final , reading of the Ordinance followed. An Aye.and No.Vote was then taken on the passage of the Ordinance, and resulted as herein recorded: Ayes-- Directors Keith and,Dailey, Mayor Mehlburger, Directors L: us, Wellons; Castleman and Jones - total:7; Noes — None; Absent - None.. The Ordinance was then declared PASSED. 3'79 MARCH 22;. 1977, Cont'd. Presented next was. Ordinance .No.:.13 ;254;.described as:: AN ORDINANCE APPROPRIATING'-FUNDS FOR-,THE PURCHASE OF "APPROXIMATELY.130-ACRES OF,LAND.FOR.A_SANITARY LANDFILL;.AND FOR:OTHER:PURPOSES;:: :+ _ ' .(Land owned by Ouachita Baptist University) with said Ordinance being.read -the first'- time..'-:Director- Linkous announced that due.to a conflict -of interest, he would abstain:from. voting ` on : the.Ordinance appropriating these - funds. The rules -were then suspended and-the Ordinance placed on-:.its_ second; reading by a-motion from .Director Keith, seconded'by Director Dailey;.andlunanimously -.adopted by -the Board Members-present, being seven in number. andrtwo- thirds or more i of -the members :;of.cthe Board : of - Directors - elect:._ There was:a second reading-of•-the:Ordi- nance; after which a motion .was made by Director Dailey;: seconded.-by Director Keith,. that the rules again be suspended and the Ordinance :be placed on its'.third and final reading. The motion was,.adopted_by unanimous vote of the Board Members - present, being seven -in .number:and: two- thirdscor:more of,the- members of the Board of Directors- elect;'and: the i Ordinance :was .then -read the third and last - time.. - -The resulting Aye and No Vote taken on the passage of the Ordinance received the following response:. Ayes — Directors Keith and Dailey, Mayor.:Mehlburger;,:Directors Wellons;.Castleman and Jones: -. total.6; Noes :.= None;: :. '•Abstaining:- Director- Linkous - ctotal 1 ;: .Absent: - :None. It was therefore;iannounced; that the:Ordinance had,been PASSED... .: Ordinance No. 13,255.was..then presented;•entitled: AN, ORDINANCE APPROPRIATING :FUND S, FOR THE -OPERATION - AND. MAINTENANCE :OF_CENTRAL.ARKANSAS.:TRANSIT; - AND FOR OTHER PURPOSES; (Appropriation:of $57,375.00) and,there-was a first reading ofi'the Ordinance;'followed : by a:brief discussion.on the operation of Central Arkansas Transit;, Director. Keithccommented; that the.bus company's,large.deficits.were jeopardizing other city departments and that: op` erational ,- improvements.were,needed.. Director Dailey ..mentioned:there:had.been discussion with the Pulaski County -Judge on-the possibility of a.County Vehicle Tax which would assist in the operation of the Bus Company. Director Wellons -was disturbed' that $30,000 :additional insurance costs and interest on the loan at Union-Bank did not show.-in the.Bus:Company's Audit Report, and.added that he will.be looking very hard at the. figures that are brought forward-in the future. A motion was then made by Director Dailey to suspend the rules-and place the.Ordinance.on its %second: reading. : - The _: ' motion was seconded by-.Director Linkous, adopted by unanimous vote of the Board Members present, being seven in number and two-thirds. or more, of-.the-.members of the -Board of Directors - elect; and..the- second reading of the Ordinance ensued, The rules were again suspended to•.allow. for, the third land final reading of the Ordinance by a subsequent motion, made-by Director Linkous and seconded by Director;Dailey, ^and unanimously adopted by -the• Board Members'- present; being..seven :in-number .and,:two- thirds.or more of :the- members of the Board of- Directors_ elect.: - There was ra" third and -last reading of the ;Ordinance, :and .the resulting Aye and,No Vote taken on,the:passage:of._the Ordinance•.is as. follows:. --Ayes - Director :Dailey,, Mayor Mehlburger, Directors Linkous,: Wellons�,: Xastleman and :Jones r..total. 6;r ''Noes : = Director. Keith total 1; .,Absent. - None.. Therefore, .the :Ordinance .was. :declared. PASSED.- . _,.: ' .- + .: _ - J_ . Next to be considered was,:Ordinance.:No.. 13,:256; containing :the,.following :title:' ; . " .. a, ....... AN ORDINANCE .APPROPRIATING FUNDS FOR THE LITTLE' ROCK•.PORT AUTHORITY; AND•rFOR.OTHER :PURPOSES;-. -.. (Appropriation of $50,000 to be used as a loan, bearing interest at 6% per annum). . which Ordinance was read ;the :first, time;. followed .by. +a motion ,from Director Dailey, to suspend the .rules ' and .place the Ordinance, on its: <: second ..reading....The-, motion was seconded. :by..Director Keith, adopted ':by.: the Board. Members in number and. two-thirds or. more of :the members unanimous vote. of present, .being. seven of the Board -of Directors - elect, and there was,a second reading of the Ordinance. The rules were again - suspended -to allow :for -;the third- and-.firfal reading.of•the ordinance.at this time,- :by,.a motion made by Director Linkous, seconded by Director Dailey and unanimously.adopted by the Board Members present;:being seven in number and two - thirds or more of the members of the Board of Directors - elect. After a third and MARCH 22, 1977, Cont'd. last reading of the Ordinance, there was a roll call vote taken on.thepassage•.of.the :Ordinance, which resulted as follows:.. Ayes - Directors Keith.and Dailey; Mayor Mehlburger, Directors.Linkous, Wellons, Castleman.and Jones - total 7; Noes.- None; Absent - None.' .It was announced that the "Ordinance- had PASSED. There was presented.Resolution:No.. :5,686, entitled: __ . ._ A RESOLUTION ACKNOWLEDGING RECEIPT OF•,TbTLE I COMPREHENSIVE EMPLOYMENT.AND,TRAINING•ACT FUNDS;..,j, ALLOCATING A PORTION OF SAID FUNDS;•AND,FOR.OTHER PURPOSES;.. and the Resolution .was read- in- its.entinety ;:_ A:motion_was then. made. by -Director,Linkous ^and-seconded by Director Dailey, which:resulted:in a.rolL.call.vote'd*hereby' the Resolution was adopted as herein' described: Ayes , Directors.Keith and Dailey; Mayor.-,Mehlburger, DirectorscLinkous,'Wellons, Castleman" and Jones - total 7; Noes - None;_:Absent -_None. The next presentation was Ordinance. .No.'..13;.2575 :.with..the.title -being: _ AN ORDINANCE AMENDING ORDINANCE NO..13,172.PERTAINING :TO RENOVATION_OF CERTAIN CITY FACILITIES;. AND FOR OTHER PURPOSES;: (Baird Building, Material--Yard,-Police &,Courts_Building,.City Health Building and City'- -Hall) with said Ordinance-being read--the first -time. Acmotion'.was then made-by Director Keith;. seconded by Director Linkous, to suspend the rules and place the Ordinance on its second reading; which motion -was:. unanimously adopted by the Board Members present, .being 'seven _in,number and: two-thirds or more of: the members of the Board of.Directors- erect.: The Ordinance was-read the second .time; after which there was a subsequent motion which again suspended the rules and placed the Ordinance on:its "third "'and final reading. The preceding motion was made by Director Keith, seconded by Director - Dailey, +and - adopted by" unanimous vote.of the Board Members present, being seven in number. and two - thirds or more of the member; of the Board of Directors- elect...-Upon:third and ::last:reading_of :the Ordinance, .the ensuing..Aye.and.No Vote taken on the. passage .of the Ordinance. resulted ras. herein :described:c -`Ayes -. - Director& -Keith and':,:: Dailey, Mayor Mehlburger ;. -Directors : L -inkous, Wellons; .Castleman and Jones — .total 7;+:.Noes_- .None;. Absent - None. The Ordinance was,.therefore, declared PASSED._ . Ordinance No... 13;258 :was presented;,>described.as: AN ORDINANCE APPROVING A SECOND AMENDMENT .TO' AN AGREEMENT BETWEEN ,.THE CITY-OF LITTLE ROCK" AND PUBLIC TECHNOLOGY,,INCORPORATED :APPROPRIATING.fFUNDS; AND FOR, :OTHER PURPOSES;. (Extension of Contract for 5 months) e_ :c : o:.. I - which Ordinance was:read the first -time. There was. -a: motios,_which•-followed. from Director Wellons, seconded by Director.Linkous..to suspend the•rulesiand place the Ordinance on its second reading.- The motion was unanimously adopted by the Board Members-.present, being "seven•in number and two- thirds or more of the members. of the Board of Directors-elect;- and the Ordinance was. -then . read -the "second time. At this time, the rules were again suspended to: allow. for -the -third and .fanal_ reading. :of the'Ordinance by a motion made by.Director Linkous, seconded by. Director -Wellons,•.and: unanimously adopted by the Board Members present, being seven in number and two - thirds or more of-,the members of,the Board. of Directors - elect. The third and last reading. of ...the,Ordinance•was._followed by an Aye and No Vote taken on the passage of.the Ordinance,and resulting:as follows; Ayes - Directors Keith and Dailey,- .Mayor.Mehlburger, Directors Linkous, Wellons, Castleman and ,Jones.- .total.7 ;. Noes - None; ,Absent - None.. The Ordinance was then declared PASSED.. A proposed Resolution had been placed on the Official Agendaa.pertaining.toithe assets :of the Milk and Dairy Division. City Manager Carleton McMullin advised the_Boa'rd Ghat' effective July 1; 197T, the assets of this Division - will - be. donated. to.:the`...State-of Arkansas.,- for the .performance of".duties'and.c responsibilities relative. to-Milk and Dairy'_ operations. . He further - explained that ':a- 'contract- is being- . prepared and when completed the Resolution.'authorizing same, will be presented to -the Board"for - consideration. Therefore,. no action was.taken.on the.subject.: ..._.. "-... _ ._ ._.. _. i LJ U 3s1 MARCH 22, 1977, Cont'd. After completion of ='fhe- Official 'Agenda; '-Mayor'Mehltiurger .invited -- those = wishing •to speak .under "Citizens Communications . -to ;come - forwards - - _ ' -- �` - ' Mrs. Joan'Baldridge, a member =of .the Little Rock - Historic District` Commission, presented.a, request 1 to the Board of. Directors';' asking the= .Board!to declare a' :temporary . moratorium on.demolition� permits -= within the working boundaries.of the proposed .Historic - District. The request included the recommendation that a variance process be established whereby any property owner'could appeal the moratorium on their' property to the Board of Directors. The Board could then make individual determinations taking into account the recommendations of the Planning Staff, the Building Codes Section, and the Historic District i Commission. She further, outlined plans for the creation of the District and advised that there are 385- structures within the working area of-the proposed District, and that the majority of the property owners would be required.to sign-a petition for the formation of the District. Director Dailey was the first to comment on the request..stating.that he.was in favor of the moratorium, but was willing to delay it for two weeks:so the Board could study it at an Agenda Session. City. Attorney Joseph Kemp read a proposed Ordinance declaring a moratorium on-demolition of structures in the proposed District, and after the reading,. Director Linkous stated that - -the matter placed the Board of Directors'in a dangerous position, adding "it is the wishes.of .the people in the District - not the wishes of the Board - it ' is. the .WILL OF THE PEOPLE;. and -.I urge" extreme ccaution on.the. matter before us." Director Keith said "we will make a mistake if we act on this tonight.." Director Wellons then made a motion "that this matter be taken through our.regular Agenda on March 30th and "that no action be taken on any application for a demolition permit within the .Historic District Boundaries until we have an opportunity to review it." The motion was seconded -by Director- Dailey and adopted by the following roll call vote: Ayes - Directors Dailey, Wellons,-Castleman and.Jones - total 4; Noes - Mayor Mehlburger and Director Linkous - total 2; Abstaining - Director Keith -total 1;. .Absent - None. The second request was -made by Little Rock Patrolman J. L. Foster, president of.the Little Rock Municipal Police-Association, who advised that.the Association opposes the appointment to the Civil Service Commission of any lawyer, or member of his law firm, practicing in criminal trials. He stated that animosity could develop between policemen and lawyers in trials. No action was taken on the request. The last subject -to be_ discussed was the request made-by Mark Carter, a member of the Progressive' ' Labor Party, who asked the Board of Directors to'.adopt a Resolution opposing the sale of South Africa's "Krugerrand" gold coin;.in the United States.. He said - failure to adopt the Resolution would amount to support of apartheid and the Republic of South Africa. He stated that the primary effort of .the Progress ive Labor Party is the complete destruction of .Capitalism and the establishment of Socialism, where the working class has full - control of the needs -of production, distribution, and makes all political decision . He further charged, that the Board of Directors.only represent -the business and banking.interests of Little Rock. At this point Russell Phillips, also a member of the.Progressive Labor Party approached the podium to read the prepared Resolution.'.Mayor Mehlburger commented that the Resolution dealt with U. S. Foreign Policy and he didn't think it.would serve any purpose. Director Castleman suggested that Mr. Phillips read the Resolution and after the reading, Director Wellons stated that the comments made I by Mr. Carter were the most offensive statements.he had ever heard on a Democratic.society. He further added, "if you people don't like a Democratic society, you ought to go someplace else. I have lived in an economic depressed period that you people don't know anything - about. You don't know what- it.means ' to be poor, so don't tell me that I don't know how to represent the working class of people. Socialistic societies are available in other countries in the world and I invite.you to leave for those shores at the earliest possible moment. ". There was.no action taken on the Resolution.- i J MARCH 22, 1977, Cont'd. As there was no further business,to be presented or to come before the Board of Directors, upon motion of Director Dailey,.seconded by Director Keith, and_by_unanimous, vote of the Board Members present, the meeting was - recessed at 9:15.o',clock Pr.,M.,,_for possible consideration-of demolition of structures in the Historic District, before-the_next:regular meetingof,rthe.Board. ATTEST: A/YLli APPROVED: - -- Nit City Clerk `-Mayor � 3�3 Board of Directors Chamber Little Rock, Arkansas ' April 5, 1977 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from i March 22, 1977, with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman-and Jones - total 6; Absent - None. As there was no business to be considered from the March 22nd Agenda, the meeting was therefore, adjourned at 7:35 o'clock P. M. upon Motion of Director Dailey, seconded by Director Linkous, and by unanimous vote of the members of the Board of Directors present, to meet again in regular session immediately thereafter. ATTEST: APPROVED; "t4A� City Clerk Mayor i I Board of Directors Chamber Little Rock, Arkansas April 5, 1977 - 7:35 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. ' As there was a quorum in attendance, it was so announced, and the Meeting then proceeded as herein described: The Invocation was given by Director Wellons. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on March 22, 1977. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for month of February,. 1977. (c) Resolution No. 5,687, entitled: A RESOLUTION AWARDING CONTRACTS FOR VARIOUS MATERIALS AND SERVICES; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (Bituminous and Gravel Mixes, Traffic and Test Equipment, Parks Department equipment and Demolition of 27 condemned structures) (d) Resolution No. 5,688, with the title being; A RESOLUTION TRANSFERRING THE DUTIES, POWERS, RESPONSIBILITIES AND OWNERSHIP OF ASSETS ' OF THE MILK AND DAIRY DIVISION OF THE CITY OF LITTLE ROCK HEALTH DEPARTMENT TO THE DIVISION OF SANITATION SERVICES OF THE ARKANSAS DEPARTMENT OF HEALTH; AND FOR OTHER PURPOSES; As the result of a Motion by Director Dailey which was seconded by Director Keith and adopted by unanimous voice vote of the Board Members present, the foregoing items were dispensed with as follows:. APRIL 5, 1977, Cont'd. (a) The Minutes were approved as written and summarized to the Board of Directors; (b) The Comparative Statement was received and filed; and (c -& d) Resolutions No. 5.,687 and 5,688 were read in full and adopted. The next presentation was the Zoning Appeal of Attorney W. V. Lewis on the denial by the Planning Commission on February 22, 1977, of Zoning Petition, Case No. Z -2494, with the property being located at 1001 John Barrow Road and described as all-of the W11 of Tract No. "1 and all of the East -260 ft, of Tract No:- 2,- Hopson and Sachs Suburban Tracts to the City of Little.Rock,•from "A" One- family District to "F" Commercial District. As a Public Hearing had been scheduled for this time and place, Mayor Mehlburger declared the Public Hearing to be open. There was no one present to speak in opposition. to the matter and the Public Hearing was declared closed. A proposed Ordinance was then placed on first 'reading, with the title being AN ORDINANCE RECLASSIFYING 1001 JOHN BARROW ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A Motion then followed by Director Dailey, seconded by Director Keith, that the rules be suspended and the Ordinance be placed on its second reading. The Motion was - adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the Members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent Motion was then again made by Director Dailey, seconded by Director Keith, for a further suspension of "the rules to allow for the third and final reading of the Ordinance at this time; which motion was adopted by unanimous vote of-the Board Members present", being seven in number and two-thirds or more of the Members of the Board of Directors- elect. There -was a third and final reading of the Ordinance, and the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - None; Noes - -Directors Keith and Dailey, Mayor Meh'lburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Absent - None. Accordingly, it was announced that the Ordinance had-FAILED.- There was presented.a proposed Ordinance, described as: AN ORDINANCE RECLASSIFYING 9923 WEST MARKHAM STREET IN THE CITY OF LITTLE ROCK; ARKANSAS, AMENDING SECTION-43-2 OF THE CODE OF ORDINANCES OF LITTLE ROCK, ARKANSAS, AND FOR-OTHER-PURPOSES; - . . (From "A" One - family District to "E -1" Quiet Business District) and the Ordinance was read the second time, having been read the first time on March 22, 1977. -Mr. Joe Kilpatrick -, speaking for rezoning, advised -the Board of Directors that he was not willing to donate a strip of'land for-right -of -way needed for future street widening, in order to obtain -this zoning change A brief discussion among Board Members ensued regarding rezoning being conditioned upon dedication of lands. Director Wellons commented that he was uncomfortable with -this procedure. At this point, Director Dailey made a motion, seconded by Director Keith, that the rules be suspended and the Or be placed on its third and final reading. The motion was unanimously-adopted by the Board Members present, being seven in number and two - thirds or more of the Members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: .Ayes - Directors Dailey, Linkous and Wellons - total 3; Noes - Director Keith, Mayor- Mehlburger,-.Directors Castleman and Jones - total 4; Absent - None. The Ordinance therefore, FAILED of passage. A Public Hearing had been scheduled for this time and place by Resolution No..5,676 for the. purpose of hearing arguments on the proposed vacating and closing of the East 20 ft. of the dedicated right -of -way of Merrill Drive between Rodney Parham Road and Rainwood Road. The Planning Commission approved this proposal when it granted approval of the Charles Valley.Subdivision Preliminary Plat. As notice of the Public Hearing had been duly published as required-by Law on March -1 -5, 1977 and._ March 22, 19 77 ", the Public Hearing was therefore, declared open and persons in attendance wishing to, APRIL 5 1977, Cont'd. = speak to the issue were invited to•come forward at,- this.time. and be heard._.There was no -one to speak in opposition to the closure of the portion of Merrill Drive, and the ,,Public.Hearing was declared . to =be ' closed and the proposed Ordinance was placed on first reading. (See Ordinance No. 13,259 as follows) Presented "at this time was Ordinance No; 13,259, entitled: ORDINANCE OF THE.BOARD OF DIRECTORS -OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND ABANDONING A PORTION OF MERRILL DRIVE BETWEEN.RODNEY..PARHAM ROAD AND RAINWOOD ROAD;- LITTLE ROCK, ARKANSAS; with said Ordinance being read the first time. A motion then .followed by Director Linkous,' that the rules -be suspended and -the Ordinance be placed on its second reading. The motion was.adop.ted by un- animous vote of the•Board Members present, being seven in number and two - thirds or more of the, members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was then made by Director Keith, seconded by Director Dailey, for a further suspension of the -rules to allow for the third and final reading.of the Ordinance at this time, which motion-was-adopted by un- animous vote of the Board Members present, being seven in number and two - thirds or more of the-me-mbers. of the Board of Directors - elect.. -There was a third and final reading of the Ordinance; and.the..result -' ing Aye and No Vote taken on the passage of the-Ordinance received the following response: .Ayes - :Directors Keith and 'Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman-and Jones;- total 7; ' Noes - None; Absent - None, Therefore; the Ordinance was declared PASSED: Presented for consideration at this time was a Petition from property owners in the vicinity of Bunch Road located in the southwest area,..for the formation of,'a Sewer Improvement District. Included with the Petition were the following documents: An Abstractor's Certificate,from the Beach - Abstract Company stating the total assessed value of all real property- -in the - proposed district,to:be $445,270.0(il and a map designating the.boundaries -to be included within the district, - As:.a..Public- Hearing had been scheduled for this time -and place, with .notice thereof'having been duly - .published on -March 14,;1977 and March 21, 1977 as- required by-Law, Mayor Mehlburger.declared:the.Public Hearing to-,be open::. However, as there was no one present who wished to address to the issue, the Public Hearing was declared closed and a proposed Ordinance was placed on first reading.. (See Ordinance -.No.. 13,260, as follows). Then presented was Ordinance No. 13,260, described as AN ORDINANCE ESTABLISHING'SEWER IMPROVEMENT DISTRICT NO. 145 OF LITTLE ROCK, ARKANSAS.;" _ and there was a first reading of the Ordinance. - The'- rules.were then suspended -to allow for the second - reading of'the Ordinance, by a motion made by Director Wellons., seconded by Director ,Linkous _, and un- animously adopted by the Board Members present, being seven in number and two- thirds'or more of the members of the Board of Directors - elect. There was:a second reading of-the Ordinance,,followed by a. motion from Director Wellons, seconded by Director Castleman,.that the rules again be suspended and.the Ordinance be placed on its third and final reading, The motion was adopted by unanimous vote of-the Board Members present,.being seven in number and two- thirds or more of the Members of the Board of Directors = elect; and the Ordinance was read the third and last time. The resulting Aye and No roll -. call vote.taken on the passage of.the Ordinance is.described,as follows: Ayes.- Directors .Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones.- total 7;, Noes,- None; Absent - None., The Ordinance. therefore, was declared PASSED. On March 16, 1977, the Board of Directors passed Ordinance No. 13,248 which authorized the issuanc( of $10,000,000 Water Revenue Bonds, Series D. The Attorney for the .Bond Issue, Mr. Jack Williams, had set a Public Hearing for this time and place on the provisions of-this Ordinance., Mayor Mehlburger declaring the Public Hearing open, invited persons to speak either for or against the issue.- Mr. W.,W. Satterfield;of the Powell & Satterfield Investment Company; advised the Bonds had received; AA rating and a successful °sale was being anticipated. Mr. Jack Wilson,.Manager of,the Municipal -Water Works., presented long range plans for the Water.Company. .He - stated -that. if allowed. to proceed, there -is no need for concern about Little Rock's watersupply,.adding that the..totalwater supply picture,for. the two lakes should meet the needs to the year 2000: He further stated that the'Plans contain three major APRIL 5, 1977, Cont'd. projects; two of which have already been let. No opposition was presented on the subject of the- issuance of these Bonds, and the Public Hearing was 'declared closed, Ordinance No, 13,261 was then presented, entitled; AN ORDINANCE APPROPRIATING FUNDS FOR-TRAFFIC SIGNAL INSTALLATIONS WITHIN THE CITY OF LITTLE ROCK; AND FOR 'OTHER PURPOSES;' 0 intersections: 12th & Cleveland, Cantrell & Reservoir Roads, Cantrell & Foxcroft Roads, and ' Unnamed intersection) with the Ordinance being read the first time. A discussion was held regarding the intersections carrying the highest priority for signalization. The two locations discussed were Rodney Parham & Hinson Roads and Lee Avenue and Van Buren Street: The question of the grade level on Lee Avenue was raised by Director Keith, and in his opinion, the grade could cause problems. In the general discussio it was agreed that the fourth intersection remain unnamed until a later date. The rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Wellons, seconded by Director Castleman and unanimously adopted by the Board Members present, being seven in number and twos- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance and an ensuing motion made by Director Keith and seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, to again suspend the rules to allow for the third and final reading of the Ordinance at this time. The Ordinance was read the third and last time and submitted to a Aye and No roll call vote with the results recorded as follows: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The announcement was made the the Ordinance had PASSED. The next presentation was Resolution No. 5,689, entitled: A RESOLUTION ACCEPTING AND ALLOCATING FUNDS PURSUANT TO TITLES II AND VI OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973; AND.FOR OTHER PURPOSES; and after, a full reading of the Resolution, there was a motion by Director Wellons, seconded by Director Dailey, that the Resolution be adopted. The ensuing roll call vote then adopted the Resoluti as herein described: Ayes - Directors Keith and Dailey," Mehlburger, Directors Linkous, Wellons, Castleman,and Jones - total 7; Noes - None; Absent - None. Introduced at this time was Ordinance No. 13,262, with the title being: AN ORDINANCE APPROPRIATING FUNDS TO SATISFY JUDGMENTS IN CERTAIN CITY LAWSUITS; AND FOR OTHER PURPOSES; (Re: W. E. "Sonny" Simpson vs. Chief of Police; Clay Aaron, Jr. and Fletcher A. Wynn vs. Fire Chief) and there was a first reading of the Ordinance. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Dailey, seconded by Director Keith, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing motion was made by Director Keith, seconded by Director Dailey, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. An Aye and No vote was then taken on the passage of the Ordinance, with the response described as follows: Ayes - Directors Keith, Dailey, Linkous, Wellons and Castleman - total 5; Noes - Mayor Mehlburger and Director Jones - total 2; Absent - None. The Ordinance was then declared PASSED. The next presentation was Ordinance No. 13,263, described as; AN ORDINANCE APPROPRIATING FUNDS TO DEFRAY INCREASED SALARY EXPENSES FOR LITTLE ROCK MUNICIPAL COURTS; AND FOR OTHER PURPOSES; (increased salaries for municipal court judges, clerks and probation officers and to provide for two new clerk positions) J 1 "1 APRIL 5 1977, Cont'd. and said Ordinance was read the first time; followed by a motion from Director Dailey,, seconded by. Director Wellons, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members present; being seven in number and two - thirds ' or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were then suspended to allow for the third and final reading of the Ordinance at this time by a motion made and seconded by Directors Dailey and Wellons, respectively;, and unanimouslyF.,adopted . by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes = Directors. Keith and Daile Mayor Mehlburger, Directors`Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared to have been'PASSED. Resolution No. 5,690 was then presented for consideration, entitled: A RESOLUTION ESTABLISHING A POLICY OF DISABILITY BENEFITS FOR NONUNIFORM EMPLOYEES; REPEALING PASSED. The proposed use of the Tenenbaum Building was placed on the Agenda for discussion. The building was to have been demolished by the Housing Authority and the land dedicated to the City for a riverside park site. The building is located at the foot of Rock Street and a group of developers and investors are now proposing to turn the building into a commercial shopping center, and obtain a seventy -five year lease from the City for $1.00 per year. If for some reason, the project is not successful, the building will have to be maintained by the City in perpetuity, according to Housing and Urban Develop- ment guidelines as explained by Mr. Cliff Giles, Director of the Little, Rock Housing Authority. A general discussion was held among the Board of Directors, Mr. Giles, and Mr. Edwin Cromwell, Architect, representing the developers, in which Director Dailey expressed the need to work out some way to make this proposal a project. He then made a Motion "that we accept and adopt in concept, the proposal presented to us at the Agenda Meeting on March 30th, contingent upon details being worked out with the federal Housing and Urban Development Department and on a lease being worked out by the City and the developers." The Motion was seconded by Director Jones and adopted.by unanimous voice vote of the memo of the Board of Directors present. Resolution No-5,691 was presented, with the title being: ` A RESOLUTION GRANTING A SUBSURFACE FRANCHISE FOR THE CONSTRUCTION OF POOTINGS,WITHIN THE PUBLIC RESOLUTION NO. 4,b3S; AND N'llK uJiLK ruxruan�; and there was a full reading of the Resolution. The Resolution was subsequently adopted upon motion of Director Dailey, seconded by Director.Keith, and by the following roll. call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones; Noes'- None; Absent - None. Presented at this time was Ordinance No. 13,264, entitled: AN ORDINANCE REGULATING AND CONTROLLING POLICE ALARM SYSTEMS; PROVIDING PENALTY FOR VIOLATIONS THEREOF; AND FOR OTHER PURPOSES; with said Ordinance being read the first time;-after which, there was a motion-by-Director Castleman, seconded by Director Wellons for a suspension of the rules and the placing of the Ordinance on its second reading, The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance followed. A subsequent motion was then made by Director Linkous, seconded by Director Dailey, that the rules again be suspended to allow for the third and final reading of the Ordinance; with the motion being unanimously adopted by,the Board of Directors - elect. The third and last reading of the Ordinance resulted in the taking of an Aye and No Vote on the passage of the Ordinance, which received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, ' Castleman and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. The proposed use of the Tenenbaum Building was placed on the Agenda for discussion. The building was to have been demolished by the Housing Authority and the land dedicated to the City for a riverside park site. The building is located at the foot of Rock Street and a group of developers and investors are now proposing to turn the building into a commercial shopping center, and obtain a seventy -five year lease from the City for $1.00 per year. If for some reason, the project is not successful, the building will have to be maintained by the City in perpetuity, according to Housing and Urban Develop- ment guidelines as explained by Mr. Cliff Giles, Director of the Little, Rock Housing Authority. A general discussion was held among the Board of Directors, Mr. Giles, and Mr. Edwin Cromwell, Architect, representing the developers, in which Director Dailey expressed the need to work out some way to make this proposal a project. He then made a Motion "that we accept and adopt in concept, the proposal presented to us at the Agenda Meeting on March 30th, contingent upon details being worked out with the federal Housing and Urban Development Department and on a lease being worked out by the City and the developers." The Motion was seconded by Director Jones and adopted.by unanimous voice vote of the memo of the Board of Directors present. Resolution No-5,691 was presented, with the title being: ` A RESOLUTION GRANTING A SUBSURFACE FRANCHISE FOR THE CONSTRUCTION OF POOTINGS,WITHIN THE PUBLIC APRIL 5, 1977, Cont'd. RI RIGHTS OF WAYS OF CERTAIN STREETS AND ALLEYS IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Franchise granted Pulaski Bank & Trust Company) and the Resolution was read in its entirety. A motion was made by Director Keith, and seconded by- y Director Dailey, that the Resolution be adopted. A roll call was taken and the Resolution was sub- I ' sequently adopted by the following vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Director Wellons was excused. The next presentation was Ordinance No. 13,265, described as: AN ORDINANCE RESTRICTING ACCESS OF VEHICLES TO CERTAIN PUBLIC STREETS IN CONNECTION WITH A PEDESTRIAN MALL; AND FOR OTHER PURPOSES; (Downtown Metrocentre Improvement District) which Ordinance was read the first time. There was a motion then made by Director Jones, seconded by Director Keith and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, whereby the rules were suspended and the Ordi- nance placed on its second reading. There was a second reading of the Ordinance; after which a sub- . sequent motion was made by Director Keith and seconded by Director Dailey, to suspend the rules to provide for the third and final reading of the Ordinance. The motion was adopted by unanimous vote of , the Board Members present, being six in number and two - thirds or more of the Board of Directors - elect, and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. It was then announced that the Ordinance had PASSED. Director Wellons was re- enrolled. There was presented Ordinance No. 13,266, entitled: AN ORDINANCE AMENDING ORDINANCE 12,649 TO DECLARE A MORATORIUM ON DEMOLITION PERMITS WITHIN THE WORKING BOUNDARY OF THE LITTLE ROCK HISTORIC DISTRICT, ESTABLISHING THE WORKING BOUNDARIES OF THE HISTORIC DISTRICT, PROVIDING FOR A PUBLIC HEARING FOR THOSE AFFECTED BY SAID MORATORIUM, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; followed by a motion from Director Keith, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on its'second reading. The ' motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were then suspended to allow for the third and final reading of the Ordinance at this time by a motion made and seconded by Directors Dailey and Jones, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - Director Linkous - total 1. Absent - None. The Emergency - Clause contained in Section 7 of the foregoing Ordinance was then read and adopted by the following roll call vote: -Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - Director Linkous - total 1; Absent - None. It was then announced that the Ordinance, together with the Emergency Section had been PASSED. The next matter to be considered was Resolution No. 5,692, described as: ' A RESOLUTION EMPLOYING ENGINEERS FOR THE HUGHES STREET IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES; (Blaylock, Threet & Associates, Inc. employed) and after a full reading of the Resolution, there was a motion by Director Dailey that the Resolution be adopted. The motion was seconded by Director Keith and the Resolution was adopted by the following i APRIL 5 1977, Cont'd. roll call vote; Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes'- None; Absent - None. ' Next presented was Resolution No. 5,693, entitled; A RESOLUTION APPOINTING A'TECHN I C AL ADVISORY COMMITTEE TO ASSIST IN THE IMPLEMENTATION OF PHASE III OF THE LITTLE ROCK GROWTH POLICY & MANAGEMENT STUDY; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Wellons that the Resolution be adopted. The motion was seconded by Director Keith and the Resolution was adopted by the following roll "call vote; Ayes - Directors Keith, Dailey, Mayor Mehlburger,-Directors Linkous- ,EWelTons,, "Castleman and Jones - total 7; Noes - None; Absent - None. At this point, Director Jories advised that it was her opinion that an appointment should be made to the Manpower Area Planning Council. She then made a Motion "that Mr. Byron Smiley'be appointed to the Manpower Area Planning Council." The Motion was seconded by Director Castleman and was unanimously . adopted by voice vote of the Members of the Board of Directors present. After the completion of the matters listed on the Official Agenda, Mayor Mehlburger then asked for presentations or comments from those present, who wished to speak under the "Citizens Communications.!' ' The first person to speak was Mr. Jeffrey Hawkins, a.resident of the eastern section of the City.- He requested that a traffic light be installed at llth and Bond Streets to alleviate the number of traffic violations by persons who are not familiar with the Little Rock traffic patterns. Director Keith suggested that the City Manager write the Timex Corporation asking them.to. place an off -duty policeman " to direct the Bond Street traffic during peak hours. Director Wellons concurred with the suggested, hnd then made a Motion to "ask the Police Department to assign an officer to direct traffic at 11th and Bond and to remove 'no left turn' signs." The Motion was seconded by Director Castleman and submitted to the following roll call vote; Ayes - Directors Keith, Wellons and Castleman - total 3•, Noes -- Director Dailey, Mayor Mehlburger, Directors linkous and Jones - total 4; "Absent - None. Therefore; the Motion FAILED to be adopted. City Manager Carleton McMullin advised that he will have a report on this traffic situation to present to the Board, at the Agenda Meeting next Wednesday. Briefly mentioned were the downtown traffic changes as suggested to the Board recently, by Little Rock Unlimited Pro gress• x- Dive etor ""Wellons'.made ^_a�Motionato "adopt the proposed traffic changes in down- town Little Rock, as recommended by Little Rock Unlimited Progress and present an Ordinance amending necessary Ordinances." Director Dailey seconded this Motion and it was adopted by unanimous voice vote. Director Dailey requested a report from the City Manager regarding the policy on radar and the flexibility the police officers have in handing out these tickets. Mr. McMullin advised, the Police Department has discontinued the radar used in the past and there will be new installations within thirty days, that should be a system of helping and understanding. The last matter to be discussed was the appointment "of a Joint Policy Committee composed of Board Members, Planning Commission Members and the Pulaski County Judge, to assist with the implementation of the Growth Policy Study of Little Rock. Mr. John McKay, Mr. George Wittenberg and Mr. Lynn Wassell were appointed to represent the Planning Commission; and Director Dwight Linkous, Director Jim Dailey and Mayor Donald Mehlburger were appointed to represent the Board of Directors. The other appointment was Pulaski County Judge Roger Mears, representing Pulaski County. In the brief discussion that followed, Director Jones pointed out that there were three abstentions when the Planning Commission voted to accept the Growth Policy Study; one of which was Mr. McKay. For this reason, she questioned his appoint- ' ment to the Committee. Director Keith then made a motion "that the appointments as stated above, be upheld." The Motion was .seconded by Director Wellons and was submitted to the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous and Wellons - total 5; Noes - Directors Castleman and Jones - total 2; Absent - None. The Motion was therefore, declared to have been ADOPTED. APRIL 5, 1977, Cont'd. As there was no further business to be presented or to come before the Board of Directors, upon Motion of Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, the meeting was recessed at 10 ;10 o'clock P. M. until Wednesday, April 13, 1977 at 2;00 o'clock ' P. M. for the opening of bids on the issuance of $10,000,000 Water Revenue Bonds, Series D. ATTEST: (�(?� APPROVED: , City Clerk Mayor II 1 Board of Directors' Chamber Little Rock, Arkansas April 13, 1977 - 2:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from April 5, 1977, for the purpose of opening bids and approving the sale of $10,000,000 City of Little Rock Water Revenue Bonds, Series D, authorized by Ordinance No. 13,248, with Mayor Donald L. Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey; Linkous, Wellons,- Castleman and Jones - total 6; Absent - None. There being a quorum present and it being so announced, the following proceedings were had: Mayor Mehlburger then announced that ten bids had been received and requested Mr. E. Jack Murphy, Director of Finance, to proceed with the opening of the bids at this time. The following bids were received for the sale of the Bonds: Bidders Net Interest Cost Average Annual Interest Cost Merrill Lynch, Pierce, Fenner & Smith, Inc., et al $5,742,046;96 4.915084% Loeb Rhoades 5,733,398.63 4.907681% Dillon, Read & Company, Inc., N. Y., et al 5,722,862.50 4.898663% John Nuveen & Company, Incorporated and Associates 5,761,362.25 4.9316% The First Boston Corporation and Associates 5,706,966.13 4.8850% Smith Barney, Harris Upham & Company, Incorporated 5,796,078.38 4.961334% Kidder, Peabody & Company, Incorporated, and Associates 5,740,531.25 4.91378% T. J. Raney and Sons, Inc. Stephens, Inc. Hill, Crawford and Lanford Reynolds Securities, Inc. 5,931,038.00 5.076857% Bache Halsey Stuart, Inc. 5,686,262.50 4.867334% Weeden & Company, Incorporated, et al 5,868,392.94 5.02324% Mayor Mehlburger made the announcement that the low bid of 4.867334% annually, was submitted by Bache Halsey Stuart, Inc. The Commissioners of the Little Rock Municipal Water Works were in attendance and the Chairman, Mr. Frank L. Whitbeck, advised that the Water Works Commissioners had adopted a Resolution recommending that the Bonds be sold to Bache Halsey Stuart, Inc. Therefore, the following Resolution was presented: Resolution No. 5,694, entitled: A RESOLUTION APPROVING THE SALE OF $10,000,000 CITY OF LITTLE ROCK, ARKANSAS WATER REVENUE BONDS, SERIES D, AUTHORIZED BY ORDINANCE NO. 13,248; AND PRESCRIBING OTHER MATTERS RELATING THERETO; (Successful Bidder: Bache Halsey Stuart, Inc. @ 4.867334% annually) and after a full reading of the Resolution, there was a motion by Director Linkous, seconded by Director Dailey, -that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as he rein described: Ayes - Directors.Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. 392 APRIL 13, 1977, Cont'd. There being no further business to be presented or to come before the Board of Directors, upon Motion of Director Dailey, seconded by Director Linkous, and unanimously adopted by the Board Members , present, the meeting was adjourned at 2:20 o'clock P. M. to meet again in regular session on Tuesday, April 19, 1977 at 7;30 o'clock P. M. . I ATTEST: (� /Z APPROVED: 1 City Clerk Mayor i I I i i Board of Directors Chamber Little Rock, Arkansas There was presented Ordinance No. 13,267, described as; AN ORDINANCE CONFIRMING RESOLUTION NO. 5,694 AWARDING THE SALE OF $10,000,000 WATER REVENUE BONDS, SERIES D; AUTHORIZING THE DELIVERY OF THE WATER REVENUE BONDS,.SERIES D, APPROVED BY ORDINANCE NO. 13,24 APPROVING A SCHEDULE OF MATURITIES IN CONNECTION THEREWITH; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and after a first reading of the Ordinance, there was a Motion from Director Keith to suspend the rules and place the Ordinance on its second reading. The Motion was seconded by Director Dailey and adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, followe by an ensuing Motion that the rules again be suspended to allow for the third and last reading of the Ordinance at this time; with the Motion being made by Director Linkous and seconded by Director Dailey, and adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time; after which there was an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 8 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordi- nance, together with the Emergency Section had been PASSED, Then presented was Resolution No. 5,696, with the title being: A RESOLUTION AUTHORIZING PREPARATION OF A WORK PLAN TOGETHER WITH A SITE SELECTION STUDY FOR NEW . 'April 19, 1977 - 7:30 P. M. and there was a full reading of the Resolution; however, the Resolution -`as read did not include the "Sit The Board of Directors of the City of Little Rock, - Arkansas met in regular session with -Mayor Mehlburger presiding and City Clerk Jane Czech and the following Directors present;. Directors Keith,. Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. A quorum was declared present and the proceedings of the meeting are herein recorded as follows; The Invocation was given by Director Keith. Presented first for consideration were the Consent - Items, described as follows; (a) The Minutes of the Previous Meeting held on April 5, 1977 and the Reconvened Meeting held April 13, 1977. (b) The Accountant's Report of the Little Rock Advertising and Promotion Commission, ending December 31, 1976. (c) Resolution No. 5,695, entitled; A RESOLUTION AWARDING CONTRACTS FOR VARIOUS ITEMS OF HEAVY EQUIPMENT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (Heavy Equipment for Public Works Division) By Motion of Director Keith, seconded by Director Linkous, with all Board Members present and voting _ Aye, the Consent Items were dispensed with as follows; (a) The Minutes were approved as written and summarized to the Board of Directors; (b) The Accountant's Report of the Little Rock Advertising and Promotion Commission was received and filed, and (c) Resolution No. 5,695 was read in full and adopted. There was presented Ordinance No. 13,267, described as; AN ORDINANCE CONFIRMING RESOLUTION NO. 5,694 AWARDING THE SALE OF $10,000,000 WATER REVENUE BONDS, SERIES D; AUTHORIZING THE DELIVERY OF THE WATER REVENUE BONDS,.SERIES D, APPROVED BY ORDINANCE NO. 13,24 APPROVING A SCHEDULE OF MATURITIES IN CONNECTION THEREWITH; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and after a first reading of the Ordinance, there was a Motion from Director Keith to suspend the rules and place the Ordinance on its second reading. The Motion was seconded by Director Dailey and adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, followe by an ensuing Motion that the rules again be suspended to allow for the third and last reading of the Ordinance at this time; with the Motion being made by Director Linkous and seconded by Director Dailey, and adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time; after which there was an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 8 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordi- nance, together with the Emergency Section had been PASSED, Then presented was Resolution No. 5,696, with the title being: A RESOLUTION AUTHORIZING PREPARATION OF A WORK PLAN TOGETHER WITH A SITE SELECTION STUDY FOR NEW ANIMAL SHELTER FACILITIES; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution; however, the Resolution -`as read did not include the "Sit Selection Study." Boyle Park had been suggested as the proposed location for the new animal shelter and there were approximately forty property owners in the Talmadge Forest, Broadmoor and adjacent areas present in opposition to this location. The spokesman for this group was Mr, Charles E. Temple, who stated 314 property owners had signed a petition opposing the taking of natural park area away and using APRIL 19, 1977, Cont'd. it for a "dog pound." He questioned why public hearings and an environmental impact study had not been conducted. Mr. Carleton E. McMullin, City Manager, advised the Board that "we are not specifically dealing with a site" but, are asking to proceed with the written program including nature of construction , size, potential use, and how we will proceed. He-stated that any animal shelter should be accessible to the people and that the Real Estate Officer has been looking at a number of sites, with Boyle Park being the better site. Further, that the shelter would be totally enclosed with the truck driving in and releasing the animals within the confine; it would be sound - proof, and would cost the City less in this location. After the discussion, Director Dailey made a Motion that the Resolution be amended to read "together with a Site Selection Study." The Motion was seconded by Director Castleman and adopted by unanimous voice vote of the Board Members present. After requests from concerned citizens for public hearings, Mayor Mehlburger announced that a Public Hearing will be held on the site se for the new animal shelter. At this point, Director Dailey made a Motion that the Resolution, as amended, be adopted. Director Castleman seconded the Motion and a roll call was taken whereby the Resolution, as amended, was adopted by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The following Zoning Petitions, as approved by the Planning Commission, were presented at this time: Z -3113 - From W. F. Ellis, to rezone 3320 Jane Street, described as Lot 8, Block 8, Intercity Addition, from "B" Residence District to "I" Light Industrial District. Z -3120 - From Cleveland Addie, to rezone 6101 Geyer Springs Road (see Petition for lengthy legal description) from "A" One- family District to "F" Commercial District. As there was no opposition presented to the rezoning of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,268, as follows) Ordinance No. 13,268 was presented with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent Motion again made and seconded by Director Linkous and Director Dailey, respectively, to suspend the rules and place the Ordinance on its third and final reading. The Motion received unanimo adoption by the Board Members present, being seven in number and two - thirds or more'of the members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and No Vote, which received the following respon Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. A Public Hearing had been scheduled for this time and place to hear arguments pertaining to the Appeal requested by Mr. Paul W. Stanfield, Attorney for Frank Pace, of the Planning Commission's denial on February 22, 1977 of Petition No. Z -3084 to rezone property at 3123 Fair Park Boulevard, described as Lots 3, 4 and the South 34.8 feet of Lot 5, Block 13, C, 0. Brack Addition, from "B" Residence District to "E -1" Quiet Business District. Mayor Mehlburger announced that the Public Hearing was open and all persons wishing to address to the issue should come forward and be heard at this time. Mr. Charles Sutton, an opponent to the proposed rezoning stated that "we want this property to stay 'B' Residential , as it is not desirable for business or apartments." Mr. Paul Stanfield, representing the petitioner, requested that the Board of Directors grant "E -1" Quiet Business, adding the traffic is terrible and there is no market for residential at this location. Director Dailey said he had no objection to "E -1" III IIII if thara was some wav to sav "this is the end" and that this could be\ttie stopping point, while Dire ctor11IIII APRIL 19, 1977, Cont'd. at 7:30 o'clock P. M. There was another Appeal of the Planning Commission's denial on March 29, 1977 of Zoning Petition No. Z- 2934B, submitted by Attorney Ned Wright, for the Tall Timber Development Corporation, requesting the rezoning of property located in the 9600 Block of Tall Timber Boulevard (see petition for lengthy legal description) from "A" One- family District to Various "F ", "E -1 ", "MF -18" and "MF -24" Districts, presented at this time. A Motion was made by Director Keith, seconded by,Director Dailey, and unanimo ly adopted by voice vote of the Board Members present, that the Public Hearing be set on this Zoning Appeal for May 3, 1977 at 7:30 o'clock P. M. A Public Hearing had been scheduled for this time and place to hear arguments on the Petition from the Arkansas Highway Department, Moon Realty, Inc., Bonanza Realty, Inc., H & M Realty Company, and Hastings Realty Company, to vacate and close portions of Bragg Street south of Roosevelt Road and adjacent to Bragg's 2nd Addition and Sherman Street, East 28th and East 29th Streets each of the R/W line of I -30 and adjacent to Pettefer's Addition and Cox's Annex to Pettefer's Addition and portions of East 30th Street and Doris Street adjacent to Biddle and Quapaw Additions. As Notice of the hearing had been duly published on March 28, 1977 and April 4, 1977 as required by Law, the Public Hearing was declared to be open. Attorney Paul Stanfield, representing the Petitioners, was present and requested a favorable vote by the Board Members, while Director Keith contended there was a need for additional right -of -way. There was no other discussion and Mayor Mehlburger declared the Public Hearing closed, and an Ordinance to close portions of the above named streets was placed on first reading. (See Ordinance No. 13,269 as follows) Ordinance No. 13,269 was presented, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING PORTIONS OF BRAGG STREET LYING SOUTH OF ROOSEVELT ROAD AND ADJACENT TO BRAGG'S SECOND ADDITION AND SHERMAN STREET, E. 28TH STREET, AND E. 29TH STREET LYING EAST OF THE EAST R/W LINE OF INTERSTATE HIGHWAY Wellons proposed that "E -1" be approved. There was no further discussion and Mayor. Mehlburger declared the Public Hearing to be closed and a proposed Ordinance to reclassify the subject property was placed on first reading. (See,proposed Ordinance, as follows) ' Presented at this time was a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 3123 FAIR PARK BOULEVARD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time; after which, there was a motion by Director Wellons, seconded by Director Linkous for a suspension of the rules and the placing of the Ordinance on its second reading. The Motion was unanimously adopted by the Board of. Directors present by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castle - man and Jones - total 7; Noes - None; Absent - None. The second reading of the Ordinance ensued and a subsequent Motion was then made by Director Linkous, seconded by.Director Dailey, that the rules be suspended to allow for the third and final reading of the Ordinance; with the Motion being unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in the taking of an Aye and No Vote on the passage of.the Ordinance, which received the following response: Ayes - Director Linkous:,and Wellons - total 2; Noes - Directors Keith, Dailey, Mayor Mehlburger, Directors Castleman and Jones - total 5; Absent - None. It was announced that the Ordinance had FAILED to pass. An Appeal of the Planning Commission's denial on March 29, 1977 of Zoning.Petition No. Z -3117, submitted by Don R. Venhaus, for Danny Thomas and William Humphries, requesting the rezoning of property located on the south side of the 7400 Block of Asher Avenue, with a lengthy legal description, from "A" One- family District to "F" Commercial District, was presented for consideration at this time. A Motion was then made by Director Linkous, seconded by Director Dailey, and unanimously adopted by voice vote of the Board Members present, which.fixed the date of Public Hearing on this Zoning Appeal for May 3, 1977 at 7:30 o'clock P. M. There was another Appeal of the Planning Commission's denial on March 29, 1977 of Zoning Petition No. Z- 2934B, submitted by Attorney Ned Wright, for the Tall Timber Development Corporation, requesting the rezoning of property located in the 9600 Block of Tall Timber Boulevard (see petition for lengthy legal description) from "A" One- family District to Various "F ", "E -1 ", "MF -18" and "MF -24" Districts, presented at this time. A Motion was made by Director Keith, seconded by,Director Dailey, and unanimo ly adopted by voice vote of the Board Members present, that the Public Hearing be set on this Zoning Appeal for May 3, 1977 at 7:30 o'clock P. M. A Public Hearing had been scheduled for this time and place to hear arguments on the Petition from the Arkansas Highway Department, Moon Realty, Inc., Bonanza Realty, Inc., H & M Realty Company, and Hastings Realty Company, to vacate and close portions of Bragg Street south of Roosevelt Road and adjacent to Bragg's 2nd Addition and Sherman Street, East 28th and East 29th Streets each of the R/W line of I -30 and adjacent to Pettefer's Addition and Cox's Annex to Pettefer's Addition and portions of East 30th Street and Doris Street adjacent to Biddle and Quapaw Additions. As Notice of the hearing had been duly published on March 28, 1977 and April 4, 1977 as required by Law, the Public Hearing was declared to be open. Attorney Paul Stanfield, representing the Petitioners, was present and requested a favorable vote by the Board Members, while Director Keith contended there was a need for additional right -of -way. There was no other discussion and Mayor Mehlburger declared the Public Hearing closed, and an Ordinance to close portions of the above named streets was placed on first reading. (See Ordinance No. 13,269 as follows) Ordinance No. 13,269 was presented, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING PORTIONS OF BRAGG STREET LYING SOUTH OF ROOSEVELT ROAD AND ADJACENT TO BRAGG'S SECOND ADDITION AND SHERMAN STREET, E. 28TH STREET, AND E. 29TH STREET LYING EAST OF THE EAST R/W LINE OF INTERSTATE HIGHWAY 19, 1977, Cont'd. ND ADJACENT TO PETTEFER'S ADDITION AND COX'S ANNEX TO PETTEFER'S ADDITION AND PORTIONS OF E. TREET AND DORIS STREET ADJACENT TO BIDDLE ADDITION AND QUAPAW ADDITION; aid Ordinance being read the first time. The rules were then suspended and the Ordinance placed rmotionby second reading, by a motion from Director Linkous, which was seconded by Director Dailey and ously adopted by the Board Members present, being seven in number and two - thirds or more of the s of the Board of Directors - elect. The Ordinance was read the second time; after which the rules ain suspended and the Ordinance was placed on its third and final reading, resulting from a by Director Dailey, seconded by Director Wellons, and unanimously adopted by the Board Members present, being seven in number and two -thirds or more of the members of the Board of Directors- elect. There was a third and last reading of the Ordinance, followed by an Aye and No Vote on the passage of the Ordinance which resulted as herein described; Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 5; Noes - Directors Keith and Castleman - total 2; Absent - None. The Ordinance was declared PASSED. The next matter to be considered was the Petition of Mrs. Marie Young, Mrs. Leola Scott, Joe Weber, Jr., et al, to vacate and close the Alley through C. L. Schafer's Subdivision of Block 29, Garland Addition to the City of Little Rock, Arkansas. This petition received the approval of the Planning Commission. Documents included with the Petition were a letter from Little Rock Abstract Company certifying to the last apparent owners of record of the property abutting the proposed closure, and a Plat by Ford & McCrea, Engineers. (See Resolution No. 5,697 as follows, which sets the date of Public Hearing for Tuesday, May 17, 1977 at 7:30 o'clock P. M.) Then presented was Resolution No. 5,697, entitled; i RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN C. L. SCHAFER'S SUBDIVISION, BLOCK 29, GARLAND ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Resolution being read in full and thereafter adopted upon motion of Director Linkous, seconded i by Director Dailey, and the following roll call vote; Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Introduced at this time was Ordinance No. 13,270, entitled; ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, ACCEPTING THE ANNEXATION OF CERTAIN LANDS LYING CONTIGUOUS TO THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Christ the King Church Property and adjacent street rights -of -way; pursuant to Court Order dated , December 13, 1976) with there being a first reading of the Ordinance. There was a motion at this time from Director Linkous, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was read the second time.. The rules were then suspended for the third and final -reading of the Ordinance by a motion again made and seconded by Directors Linkous and Dailey, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Ordinance No. 13,271 was next presented, with the title being: 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 AND ASSIGNING SAME TO WARDS; (State Natural Resource Building Complex, adjacent to I -430, lying north of Markham Street; pursuant to Court order dated October 27, 1976) i I APRIL 19 1977', Cont'd. and the Ordinance was read the first time. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two- ' thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing motion was made by Director Dailey, seconded by Director Linkous to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more.of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. An Aye and No Vote wa's then taken"on the passage of the Ordinance, with the response described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Accordingly, it was announced that the Ordinance had PASSED. Presented at this time was Ordinance No. 13,272, described as: AN ORDINANCE APPROPRIATING FUNDS TO DEFRAY THE COST OF REMOVAL OF PUBLIC UTILITY LINES IN THE NEW UNIVERSITY PARK PROJECT; AND FOR OTHER PURPOSES; (Director Dailey, who is a member of the Little Rock Boys Club Board of Trustees, announced that due to a conflict of interest, he would abstain from voting on.this Ordinance) with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Wellons, seconded by Director Keith and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance and an ensuing motion, made by Director Keith and seconded by Director Jones, to again suspend the rules to allow for the third and final reading of the Ordinance at. this time, and unanimously_adopted.by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance and recorded as follows; Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes — None; Abstaining - Director Dailey - total 1; Absent - None. The Ordinance was then declared PASSED. Ordinance No. 13,273 was presented, with the title being; AN ORDINANCE APPROPRIATING FUNDS FOR WIDENING A PORTION OF BOND STREET; AND FOR OTHER PURPOSES; (Bond Street between East 6th and East 7th Streets) ' which Ordinance was.read the first time._ There was a motion then made by Director Keith, seconded by Director Dailey and unanimously adopted by the Board Members present, being seven in number and two -thir or more of the members of the Board of Directors - elect, whereby the rules were suspended and the Ordi- nance placed on its second reading. There was a second reading of the Ordinance; after which a subseque . motion was again made by Director Keith and seconded by Director Dailey, to suspend the rules to provide for the third and final reading of the Ordinance. The Motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows'; Ayes- Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. An announcemen was made that the Ordinance had PASSED. There was presented Ordinance No, 13,274, described as; AN ORDINANCE CREATING TWO NEW POSITIONS IN THE COMPREHENSIVE PLANNING DIVISION; APPROPRIATING FUNDS and said Ordinance was read the first time; followed by a motion from Director Wellons, seconded by Director Castleman, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by.unanimous vote of the Board Members present, being seven in number and two - thirds i111111EF12 FOR SALARIES THEREFOR; AND FOR OTHER PURPOSES; ( 1 - Graphics Technician, F -8 and 1 Planner, F -12) and said Ordinance was read the first time; followed by a motion from Director Wellons, seconded by Director Castleman, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by.unanimous vote of the Board Members present, being seven in number and two - thirds i111111EF12 APRIL 19, 1977, Cont'd. or more of the members of the Board of Directors- elect; and the Ordinance was then read the second time. The rules were then suspended to allow for the third and final reading of the Ordinance at this time by a motion made and seconded by Directors Wellons and Jones, respectively, and unanimously adopted by , the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response; Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - Director Keith - total 1; Absent - None. The Ordinance was declared to have been PASSED. The next matter to be considered was Resolution No. 5,698., entitled: A RESOLUTION ACCEPTING FUNDS PURSUANT TO TITLE III OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973; ACCEPTING RECOMMENDATIONS OF THE ADVISORY COUNCIL FOR MODIFICATIONS OF TITLE I PROGRAMS; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Jones that the Resolution be adopted. The motion was seconded by Director Wellons and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castle -, man and Jones - total 7; Noes - None; Absent - None. , An Ordinance entitled, "An Ordinance Amending Section 43- 22(1)(a) of the Code of Ordinances Pertaining to the Board of Adjustment; And for other Purposes" had been placed on the Agenda for consideration. This proposed Ordinance is relative to membership on the Board of Adjustment and was deferred until the regular Board of Directors Meeting on Tuesday, May 3, 1977 at 7 ;30 o'clock P. M. Ordinance No. 13,275 was presented, with the title being: AN ORDINANCE AMENDING SUBSECTIONS (a), (b), AND (c) OF SECTION 39 -105 OF THE CODE OF ORDINANCES PERTAINING TO PARKING, PARKING VIOLATIONS AND PENALTIES; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A brief discussion was held on the provision for the payment of $1.00 fine if paid by 6:00 P. M. on the same day of issuance. Director Dailey made a motion to "strike the $1.00 penalty clause from the Ordinance" and the motion was seconded by Director Wellons and adopted by unanimous voice vote of the members of the Board of Directors present. At this time, Director Wellons made a subsequent motion that the rules be suspended and the Ordinance be placed on second reading, which motion was seconded by Director Keith and _unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. ' The Ordinance was then read the second time, as amended; after which a motion was again made by Director Keith and seconded by Director Jones, to suspend the rules to provide for the third and final reading of the Ordinance. The Motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was read the third and last time, as amended. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - Director Castleman - total 1 ;_ Absent - None. It was announced that the Ordinance, as amended, had been PASSED. At this point in the meeting, Mayor Mehlburger announced that the Board would make appointments to various Boards and Commissions and that an Executive Meeting would be necessary to discuss these appointments. Accordingly, the Board recessed at 9:07 o'clock P. M. to meet in the Board of Directors' Conference Room. i i APRIL 19 1977, Cont'd. Board of Directors Chamber Little Rock, Arkansas April.,19, 1977 - 9:55 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from 9:07 o'clock P. M., with Mayor Mehlburger presiding and -Jane Czech, City Clerk,.and the following Directors answering roll call; Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total Absent — None. The first appointment to be considered was Resolution No. 5,699, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE ARKANSAS ARTS CENTER; (Appointing Mr. Glen Mahone to fill the unexpired term of Vernon N: Hopkins, expiring 0c6aber'el:`;2978) w ;tfic esolu the Rtion be ng :read in full. There was a motion by Director Linkous that the Resolution be adopted. The motion was seconded by Director Keith and the Resolution was adopted by the following rol call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Then presented was Resolution No. 5,700, described as: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK WASTEWATER UTILITY COMMITTEE; (Appointing Mr. J. A. Riggs, III - term expiring August 1, 1980) with said Resolution being read in full and thereafter adopted upon motion of Director Linkous, seconde by Director Keith, and the following roll call vote; Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Introduced at this time was Resolution No. 5,701, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE LITTLE ROCK SIGN BOARD OF REVIEW; (Appointing David Henderson, Gloria Cabe, Barksdale McKay, John Jarrard and Bob Lowery, III) and the Resolution was read in its entirety. A motion was then made by Director Linkous and seconded by Director Keith, which resulted in a roll call vote whereby the.Resolution was adopted as herein described; Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The next presentation was Resolution No. 5,702, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE PLANNING COMMISSION; ' (Appointing Mr. Bob Nash and Betty Ruth Schenck - terms expiring November 1, 1977) and-after a full reading of.the Resolution, there was a motion by Director Linkous, seconded by Director Keith, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein described; Ayes - Directors. Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones —total 7; Noes None; Absent - None. Resolution No. 5,703 was then presented for consideration, with the title being; A RESOLUTION MAKING APPOINTMENTS TO THE CIVIL SERVICE COMMISSION; (Appointing Perlesta Hollingsworth, Dale Booth and Marianne Eastin) and there was a full reading of the Resolution. The Resolution was subsequently adopted upon motion of Director Linkous, seconded by Director Keith, and by the following roll call vote; Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Resolution No. 5,704 was presented, with the title being; ' A RESOLUTION MAKING AN APPOINTMENT TO THE ELECTRICAL EXAMINING BOARD; (Appointing Lloyd L. Brothers - term expiring January 1, 1980) and the Resolution was read in its entirety. A motion was made by Director Linkous, and seconded by Director Keith, that the Resolution be adopted. A roll call was taken and the Resolution was subsequen adopted by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, I J 4CO APRIL 19, 1977, Cont'd, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None, Next presented was Resolution No. 5,705, entitled; A RESOLUTION MAKING AN APPOINTMENT TO THE BOARD OF ADJUSTMENT; ' (Appointing James C. Summerlin - term expiring February 4, 1980) and after a full reading of the Resolution, there was a Motion by Director Linkous, that the Resolution be adopted. The Motion was seconded by Director Keith•and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castle- man and Jones - total 7; Noes - None; Absent - None, Then presented was Resolution No. 5,706, entitled; A RESOLUTION APPOINTING MR, SHERMAN BANKS AS A MEMBER OF THE TECHNICAL ADVISORY COMMITTEE OF THE LITTLE ROCK GROWTH POLICY AND MANAGEMENT STUDY; AND FOR OTHER PURPOSES; (Appointing Mr. Sherman Banks - to fill unexpired term of Mr. Glen Mahone) with said Resolution being read in full and thereafter adopted upon motion of Director Linkous, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - .total 7; Noes - None; Absent - None. The last appointment to be considered was Resolution No. 5,707, described as; , A RESOLUTION REAPPOINTING MR. BOYD MONTGOMERY TO THE LITTLE ROCK ADVERTISING AND PROMOTION I COMMISSION; AND FOR OTHER PURPOSES; (4 -Year term commencing May 5, 1977) and after a full reading of the Resolution, there was a motion by Director Linkous that the Resolution be adopted. The motion was seconded by Director Keith and the Resolution was adopted by the following ,roll call vote; Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castle- man and Jones - total 7; Noes - None; Absent - None. As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, the meeting was adjourned at 10:00 o'clock P. M. to meet again on Tuesday, May 3, 1977 at 7:30 o'clock P. M. ATTEST `hj�ld�w \ <= '���'" APPROVED: i City Clerk Mayor I I I I _ Board of Directors Chamber Little Rock, Arkansas May 3, 1977 - 7:30 P, M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: -Directors Keith, Dailey, Linkous, Wellons and Jones - total 5; Absent - Director Castleman - total 1. A quorum was declared present and the proceedings of the meeting are herein recorded as follows: The Invocation was given by Director Wellons. The first presentation was the Consent Agenda, consisting of the following items: (a) Minutes of the pre4ious meeting held on April 19, 1977. (b) The Audit Report of the Firemen's Relief & Pension Fund, ending December 31, 1976. (c) The Audit Report of the Municipal Judges Retirement Fund, ending December 31, 1976 and 1975. (d) The Audit Report of the Policemen's Pension and Relief Fund, ending December 31, 1976 and 1975. (e) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of March, 1977. (f) Resolution No. 5,708, entitled: A RESOLUTION AWARDING CONTRACTS FOR CERTAIN SUPPLIES; EQUIPMENT AND WORK; EXTENDING A CONTRACT FOR ELECTRICAL SERVICES; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (g) Resolution No. 5,709, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR HOSPITALIZATION INSURANCE FOR CITY EMPLOYEES; AND FOR OTHER PURPOSES. By a motion made by Director Keith, seconded by Director Wellons, and unanimously adopted by the Board Members present, the foregoing Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors; (b, c & d) The three reports were received and filed; (e) The Comparative Statement was received and filed; (f) Resolution No. 5,708 was read in full and adopted; and (g) Resolution No. 5,709 was read in full and adopted. A Public Hearing had been scheduled for this time and place to hear arguments pertaining to the ' Appeal by Mr. Don R. Venhaus, Consultant for Danny Thomas and William Humphries, of the Planning Commission's denial on March 29, 1977 of Petition No. Z -3117 to rezone property described as the south side of the 7400 Block of Asher Avenue, from . "A" Onefamily District to "F" Commercial District. Mayor Mehlburger announced that the Public Hearing was open and all persons wishing to address to the issue should come forward and be heard at this time. There were'no persons present who opposed the rezoning and Mr. Venhaus, Consultant for the petitioners, reviewed the zoning pattern along Asher Avenue, stating that Wilson School Officials had been the only objectors to the issue, because the School is close to the subject property. It was his opinion that there would be no adverse effect,on the school, espe since there is no access to the School from Asher Avenue. Mr. Nathaniel Griffin, Director of Compr Planning told the Board that the real issue is "the proximity of the school." He further stated that denial of this zoning nge probably could not be supported in Court, because of the Commercial Zoning along Asher Avenue. There being no further discussion, Mayor Mehlburger declared the Public Hearing to closed and a proposed Ordinance to reclassify the property was placed on first reading. (See Ordinance I I No. 13,276, as follows:) Presented at this time was Ordinance No. 13,276, entitled: AN ORDINANCE RECLASSIFYING'THE 7400 BLOCK OF ASHER AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; MAY 3. 1977. Cont'd. and after a first reading of the Ordinance, there was a motion from Director Linkous to suspend the 1111 rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopt, d• by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, followed by an ensuing motion that the rules again be suspended to allow for the third and final reading of the Ordinance at this time; with the motion being made by Director Linkous, and seconded by Director Dailey, and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time; after which there was an Aye and No Vote taken on the passage of the Ordinance which resulted as follows; Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman'- total 1. It was announced that the Ordinance had PASSED. Another Public Hearing had been designated for this time and place pertaining to the Zoning Appeal by Attorney Ned Wright, for the Tall Timber Development Corporation, of the Planning Commission's denial on March 29, 1977 of Petition No. Z -2934B to rezone property in the Tall Timber Development described as Tracts 1 and 4 to "F" Commercial District; Tracts 1A, 1B, 5 and 5A to "E -1" Quiet Business District; Tract 6 to "MF -24" Multi- family District; and Tract 7 to "MF -18" Multi - family District. It was announced by Mayor Mehlburger that the Public Hearing was open and opposition to the rezoning was heard first. , Mr. David Wittenberg, a resident of Tall Timber, was the first person to come forward with increase of already heavy traffic being one of his main objections. Mr. William H. Luce expressed his disapproval of the proposal because "it would embarrass and downright rape the recent growth policy adopted by the Board." Mr. A. G. Krippendorf, Jr.,advised that he was opposed to any change in zoning for Tall Timber. The other resident to speak was Mrs. Margaret Birdsong who requested no zoning change because her family moved to Tall Timber "for a better quality of life for our children." Mr. Ned Wright, Attorney for the petitioner presented a review of the requested zoning changes for the forty -one acre tract. It was his opinion that single - family zoning would produce just as much'traffic as the zoning requested, and with the future'widening of Stage Coach Road, there would be no traffic problem anyway. He further stated the proposal is a normal zoning plan; because of terrain, the area is not suitable for single - family dwellings; and requested the Board's approval of the plan as submitted. In December, 1975, the Planning Commission approved a similar request of 56 acres, but it was rejected by the Board of Directors An Appeal was filed in Court and it was ruled that the City had not considered a compromise plan worked ' out by the residents and developers, and it was returned to the Planning Commission. The Planning Commission subsequently denied the request on March 29th, with membership on the Planning Commission changed considerably since December of 1975. The Public Hearing was declared closed by Mayor Mehlburger, and Mr. Nathaniel Griffin, Director of Comprehensive Planning advised the Board that the Staff disagrees on intensity of traffic, is concerned about flooding and that lots of problems need to be ironed out and felt that rezoning would be unwise. In closing, he stated that there was need for in -put by the Corps of Engineers. At this point, Director Dailey said since there is a willingness;to;make ` a workable program, he would suggest that "we return the matter to the Staff and Planning Commission for reconside] ation." Director Jones commented that "the time to have worked this out was before it went to the Il Planning Commission." Director Wellons concurred with the suggestion by Director Dailey for the return to the Planning Commission. Attorney Ned Wright asked the Board to go ahead and vote on the proposed zoning as presented, and not return the matter to the Planning Commission for further study. With the Public Hearing having been declared closed and closing comments made, a Proposed Ordinance was placed on ' first reading, with the title being: AN ORDINANCE RECLASSIFYING STAGECOACH ROAD AND TALL TIMBER BOULEVARD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; 1111111 with there being a first reading of the Ordinance. Director Linkous made a motion to amend the 1111111 A i MAY 3, 1977, Cont'd. ordinance as follows: "that Tract 1B remain single - family; Tracts 5 and 5A remain single- family until this Board deals with modified issues; and Tracts 6 and 7 be classified 'MF -12'." The motion was second= ad by Director Dailey and submitted to a.roll call vote as described: Ayes:- ..Directors Dailey, Linkous and Wellons - total 3; Noes - Director Keith, Mayor Mehlburger and Director Jones - total 3; Absent - Director Castleman - total 1. The Motion FAILED and there was a subsequent motion.by Director Jones, seconded by Director Wellons for a suspension of the rules to provide for the second reading of the Ordi- nance at this time. The motion was adopted by a unanimous,vote of the Directors present, being six in number and two - thirds or more of the.members of the Board of Directors - elect; whereupon, the Ordinance wa read the second time. There was a motion by Director Wellons,'seconded by Director Jones,. for a.further suspension of the rules and the placing of the Ordinance on its third and final reading; and the motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last,.reading. of. the Ordinance; after which an Aye and No Vote taken on the passage of.the Ordinance received the following response: Ayes - Director Linkous - total 1; Noes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons and Jones - total.5; Absent - Director Castleman - total 1. The Ordinance therefore, FAILED of passage. Ordinance No. 13,277 was introduced at this time, with.the title being: AN ORDINANCE APPROPRIATING FUNDS FOR ADJUSTMENTS TO SICK LEAVE ACCRUALS OF CERTAIN RETIRED EMPLOYEES AND FOR OTHER PURPOSES; (34 Retired Firemen) which Ordinance was read the first time. The rules were suspended at this time to allow for the second reading of the Ordinance by a motion made by Director Dailey, seconded by Director Linkous and unanimousl; adopted by the Board Members present, being six in number and .two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; after which there was a motion from Director Linkous to further suspend the rules and place the Ordinance on.its third and final reading The motion received a second from Director Dailey and unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors-elect. _Upon third and last_ reading of the Ordinance,, there was an ensuing Aye and'No Vote taken on the passage of the Ordi- nance which resulted as herein recorded:. Ayes.- Directors. Keith , - Dailey,.- Mayor, Mehlburger, Directors, Linkous, Wellons and Jones - .total 6;.Noes .c None; Absents .Director Castleman - total 1., Whereupon, ' the Ordinance was declared - PASSED. The next presentation was Ordinance No...13,278, entitled: - AN-ORDINANCE.AUTHORIZING THE CITY.MANAGER,TO EXERCISE AN.OPTION FOR THE PURCHASE OF A PARCEL OF_ LAND TO BE USED FOR RIGHT OF WAY PURPOSES; DIRECTING THE .CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENTS APPROPRIATING FUNDS; AND FOR OTHER PURPOSES;: (Lot 4, Block 4, Westwood Addition - Barrow Road.& Asher.Avenue)_.._ _. and after a first ,reading of the Ordinance, the rules were suspended to ,allow for.the second.reading,by a motion,made by. Director.Keith,.seconded by..Director Linkous and adopted by..unanimous,.vote of the Directors present., being six in• number and two - thirds or more of the members of the Board,of Directors- elect.. The Ordinance was then read the second time, and an ensuing motion was made by Director We seconded by Director Jones to again suspend the rules and place the Ordinance on its third and final reading._ The motion was adopted by a unanimous roll call.yote.of .the,Directors present, being six in number and two - thirds or more of the members of the Board of Directorsrelect.;...and the.Ordinance was therefore, -read the third and last time. The.passage of the Ordinance was;then submitted to an Aye and ' No roll call vote, which resulted as follows.: Ayes.- Directors Keith, Dailey, Mayor Mehlburger, Directc Linkous, Wellons and Jones - .total 6; Noes - .None; Absent - Director Castleman - total 1. The Ordi- nance was then.declared PASSED. RM MAY 3, 1977, Cont'd. At this point, Ordinance No. 13,279 was introduced, and entitled: AN ORDINANCE AMENDING SECTION 43- 22(1)(a) OF THE CODE OF ORDINANCES PERTAINING TO THE BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES; ' with said Ordinance being read the first time; after which there was a motion by Director Linkous, seconded by Director Jones, for a suspension of the rules to provide for the second reading of the Ordinance at this time. The motion was adopted by a unanimous roll call vote of the Directors present, being six in number and two - thirds or more.of the members of the Board of Directors - elect; whereupon, the Ordinance.was read the second time. There was a subsequent motion by Director Linkous, seconded by Director Dailey, for a further suspension of the rules and the placing of the Ordinance on its third and final reading; with the motion being adopted by unanimous vote of.the Board Members present, being six in number and two- thirds or more of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. Accordingly, there was an announcement that the Ordinance had PASSED. The next item presented for consideration was Resolution No. 5,710, with the title being: A RESOLUTION GRANTING A FRANCHISE TO W. C. McMINN.COMPANY, INC. OF LITTLE ROCK TO PERMIT ENCROACH- I ' MENT OF AN EXISTING STRUCTURE INTO THE PUBLIC RIGHT OF WAY AT 900 HIGH STREET; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety and subsequently adopted by a motion made by Director Linkous, seconded by Director Keith, and by the following roll call vote: Ayes - .Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. There was presented Ordinance No. 13,280, described as: AN ORDINANCE CONDEMNING A PARCEL OF REAL PROPERTY FOR THE PURPOSE OF A PERMANENT DRAINAGE EASEMENT IN CONNECTION-WITH 2N1) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT TO IMPROVE DRAINAGE ON HARRINGTON STREET; DIRECTING THE CITY- ATTORNEY-TO INSTITUTE CONDEMNATION PROCEEDINGS; AND FOR OTHER PURPOSES; which Ordinance was then read the first time. The -rules were suspended and the.Ordinance placed on its second reading by a motion made by Director Keith, seconded by Director Dailey, and unanimously adopted by a roll call vote of the six directors present; and a second reading of the Ordinance ensued. .A motio was then made by Director Linkous and seconded by Director Dailey, which again suspended the rules to ' allow for the third and last reading of the Ordinance; which motion was adopted by unanimous roll call vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last: time; after which there was an Aye and No Vote taken on the passage of the- Ordinance which resulted as follows: Ayes - .Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones.- total 6; Noes - .None; Absent _ Director'Castleman - .total 1. The Emergency Clause contained in Section 3 of the foregoing Ordinance was then read,and adopted by the following roll call vote: Ayes - Directors,Keith and Dailey, Mayor Mehlburger, Directors•..Linko.us., Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. It was then that the Ordinance, together with the Emergency Section had -been PASSED. A Report was made to the Board of Directors at this time, by Mr. Wayne Roberts, owner..of the .Medic -I Vac Ambulance Service, regarding the refusal of his company to send an ambulance to an accident requested by the Fire Department on April 20th. Mr. Roberts told the Board "the action was inexcusable but, resulted from a break -down in communications." He advised that his company has purchased some new , equipment, is installing a 125 Watt base station with new frequency to reach all parties, in order to give better-service., He recommended that an Emergency Medical Service Committee be established and A= the Board that an incident, such as this, would never happen again. i MAY 3 1977, Cont'd. Resolution No. 5;711 was presented, described as: A RESOLUTION AUTHORIZING THE -CITY ATTORNEY TO INSTITUTE ANNEXATION PROCEEDINGS TO ANNEX TO THE CITY OF LITTLE ROCK CERTAIN LANDS SOLELY OWNED BY THE CITY OF LITTLE ROCK TO BE USED FOR THE LITTLE ROCK PORT INDUSTRIAL PARK; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution, followed by.a motion.from Director Keith, seconded by Director Wellons, for adoption of the Resolution. A roll call was taken on the motion and the resulting dote adopted the Resolution as.herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones— total 6'; - Noes' None; Absent - Director Castleman - total 1.. The next presentation was Resolution No. 5,712, entitled: A RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE-MANPOWER AREA PLANNING COUNCIL ADVISORY COMMITTEE ALLOCATING FUNDS; AND-FOR OTHER PURPOSES;- with there being's full reading of the.Resolution;-after which there was.a motion by Director-Wellons,_ seconded by Director Jones, for adoption of the Resolution. A roll call vote was then taken and the Resolution was adopted as follows: Ayes:- Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - 'total 1. ' Ordinance.No. 13,281 was presented, with the title being: "AN ORDINANCE EMPLOYING ENGINEERS TO PROVIDE SERVICES FOR THE..RELOCATION OF FIRE ALARM FACILITIES, . NECESSITATED BY THE CONSTRUCTION 'OF =I -630; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; (Charles E. Deitz, - Consulting Engineers; Inc:') - and said Ordinance was read the first time;.fol-lowed by a motion from Director Keith, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board'Members-present-, being six in number and two- thirds or more of the members of the-Board of-Directors- elect; and the Ordinance was.then read.the•second time. The rules were then suspended to allow for the third and final reading of the Ordinance at.this time by a motion made and seconded by Directors.Linkous and Jones, respectively, and•unanimously.adopted. -by the Board Members - present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There.was a third.and' last reading-of.the Ordinance; after which an Aye and No Vote taken on the - passage of the.Ordinance received-the following response: ,Ayes -. Directors.Keith and ' Dailey, Mayor, Mehlburger, Directors'Linkous,-Wellons -and Jones- -total 6.;:- Noes. - None;. ..Absent r . Director Castleman -- total 1...- The - Ordinance:was then declared PASSED. Presented at.this time was Ordinance No..13,282, described as_:. _ AN ORDINANCE APPROPRIATING.FUNDS TO PERMIT THE CITY OF LITTLE.ROCK TO.JOIN OTHER STATES-.IN.FILING A LAWSUIT CHALLENGING THE CONSTITUTIONALITY OF THE;FEDERAL UNEMPLOYMENT - COMPENSATION ACT (PUBLIC LAW 94 -566); AND FOR OTHER PURPOSES; - - - and the Ordinance was read the first time. A motion then followed by Director Wellons,, seconded by Director Keith; that.the rules be.:suspended and the Ordinance be placed.on its second reading. The motion- was = adopted _ by- unanimous vote of the Board Members present, being six in number and two - thirds or more of.the'-members of the Board of Directors - elect; and the.second reading.of the Ordinance ensued. A subsequent motion was then made by Director Linkous, ,.seconded.by Director Dailey, for a further suspension of the rules -to allow for the third and final-reading of.the.Ordinance at this time; which motion was adopted by unanimous vote of the Board Members present, being six in number and two-thirds or more of the members of the Board of Directors- elect. There,was a third and final reading of the Ordi- nance, and the resulting Aye and No Vote taken on the.passage.of the Ordinance received the following, response: :Ayes - Directors.Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and.Jones - total 6; Noes' -- None; Absent - Director Castleman,- total-1. Accordingly, it-was announced that.the Ordinance PASSED. V/ MAY 3. 1977. Cont'd City Manager Carleton E. McMullin, presented a request-to the Board of Directors for the demolition of a garage at 1519 Rock Street, -which property is located in the Historic District. He advised the Board that the demolition had been approved by the Historic District Commission, the Planning Commission and the Staff. Director Keith then made a motion "that the garage at 1519 Rock Street be approved for demolition." The-motion was seconded by Director Dailey and unanimously adopted by a viva voce vote.,- Resolution No. 5;713 was-next presented, but did not contain a formal title. -The-Resolution commends the leadership of Mr. Sheffield Nelson; the Governmental Taskforce of the - Bandwagon Organ- ization for the expansion of Central Arkansas convention and meeting facilities, for efforts in the successful enactment of the Tourist Facilities Assistance Law, signed by the Governor as Act 763, Acts of Arkansas of 1977. Said Resolution being read.in full and thereafter adopted'upon motion of Director Dailey, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent = Director Castleman - total 1.' The last Resolutions No. 5,714, to be considered was entitled: A RESOLUTION OF COMMENDATION TO ANNA PATTERSON; (For: Voluntary work at the Little Rock Zoo) ' and the Resolution was read in its entirety. A motion was then made by Director Dailey and seconded by Director Linkous, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. City Manager Carleton E': McMullin reported,to the Board of Directors that he had received a letter from the Arkansas Highway Depattment-, regarding-the time -table for-the widening of Rodney Parham Road. He stated the Highway Department could have the project under contract by-August, 1978, with completion in late 1979 or early 1980: The Board of Directors instructed Mr. McMullin to notify the Highway Department to proceed with the design, and to have charts on projected-projects at the Agenda Meeting on May 11, 1977.- - - - The last matter to be considered was a request by Director Linkous to have the Civil Service -- Commission investigate possible violations - of - Police - Department rules and regulations and take disciplinary action as may be warranted.-The subject will be placed on the Board's next.Agenda. ' As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Dailey, seconded-by-Director Linkous, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:25 o'clock P. M., to meet again in regular session on Tuesday, May 17, 1977 at 7:30 o'clock P. M. ATTEST: APPROVED: City Clerk Mayor V/ Board of Directors. Chamber Little Rock, Arkansas May 17, 1977 - 7:30 P. M. The Board of Directors of the City of Little-Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons and Castleman - total 5; Absent - Director .tones - total i. As there was a quorum in attendance, it was so announced, and the proceedings of the meeting are recorded as follows; •- The Invocation was given by Director Keith. The first presentation was the:Consent Agenda, consisting of the following items: (a) The Minutes of -the previous meeting held on May 3, 1977. (b) A Report of the Bond Issue Project Description and Implementation Phasing within the. Public Works Division of the Community Services Department. (c) Resolution No. 5,715, entitled: A RESOLUTION DIRECTING THE CIVIL SERVICE COMMISSION -TO REVIEW THE FEDERAL LAWSUIT OF SIMPSON VS WEEKS, TERRY AND PARKMAN; AND FOR OTHER PURPOSES. (d) Resolution No. 5,716, described as: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS; THE 1977 STREET" AND SLURRY SEAL PROGRAM; AUTHORIZING . PAYMENT; AND FOR OTHER PURPOSES. With a motion being made by Director Keith and seconded by Director Linkous,. and unanimously adopted by the Board Members.present, the foregoing Consent Items,were dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors; (b). The.Report.on the.Bond Issue Projects was received and filed; (c) Resolution No..5,715 was readiin full and adopted and, (d).Resoluti No. 5,716 was read in full and adopted. The following Zoning Petitions, as approved by the Planning Commission, were presented at this time: Z -3127 - From Basil L. Copeland, Agent.for_the.Arkansas Childrent'�s Hospital, to rezone 804 Wolfe ' Street (see petition for lengthy legal description). from Various Districts to. "E -1" Quiet Business . District. Z -3126 - From John Flake for : the..Estate -of Era M. May; to, rezone 5201.Mabelvale_Pike (see petition for long legal description) from "A" One = family. District`to.. "F" Commercial District, less and except the easternmost 105' of the tract fronting on Gum Springs; Road, from "A" One- family District.to "E -1" Quiet Business District.. - Z -3107 - From Dwight Blissard, Jr., Agent for General Properties, Inc., to rezone the 8200 Block of the south side of Asher Avenue, described as Lots 8, 9 & 10, Block 6, Pike Addition to the City of Little:Rock, from "D" Apartment District to "F'; Commercial District. As there was no opposition presented.to the rezoning of the above - 'described properties, an Ordinanc to reclassify same was placed on first reading. (See Ordinance No. 13,283, as follows) Ordinance No. 13,283 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF- ORDINANCES OF THE CITY.OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; ' with the Ordinance being read the first time. Director Keith pointed out to the Board, the need for additional street right -of -way for the construction of the development contained in Case Z -3126 and again, he stressed that he felt the dedication of this right -of -way should be accomplished before the property is rezoned. City Manager Carleton McMullin advised that the dedication is in the process of being made, but has not been finalized.yet. Director Keith then made a motion to remove Zoning Petitioi MAY 17, 1977, Cont'd. Z -3126 from the Ordinance, but the motion did not receive a second. The rules were suspended at this time to allow for the second reading of the Ordinance by a motion made by Director Linkous, seconded by Director Dailey and unanimously adopted by the Board Members present, being six in number and two- thirds , or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; afll r xK:1r'i'th -re which there was a motion again from Director Linkous to further suspend the rules and place the Ordinance on its third and final reading. The motion received a second from Director Wellons and unanimous adopt- ion by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. Upon third and last readinglof the Ordinance, there was an ensuing Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 5; Noes - None; Abstaining - Director Keith - total 1; Absent - Director Jones - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Zoning Petition No. Z -3124, submitted by Stephen E. Whitwell, to rezone 907 South Monroe Street, described as Lots 1, 2 and 3, Block 12, Cunningham's Addition to the City of Little Rock, from "B" Residence District to "C" Two- family District, as approved by the Planning Commission. No one was present to oppose the rezoning of the subject property and an Ordinance for the reclassification was placed on first reading. (See Ordinance No. 13,284, as follows) Ordinance No. 13,284 was presented, entitled: ' AN ORDINANCE RECLASSIFYING 907 SOUTH MONROE STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance, by a motion made by Director Wellons, seconded by Director Linkous, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Director Linkous, seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and No roll call Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. The Ordinance was declared PASSED. ' Presented at this time was Zoning Petition No. Z -3122 of Kelton Brown, by Attorney Charles A. Brown to rezone Labette Drive at Labette Manor in the City of Little Rock (see petition for lengthy legal description) from "A" One- family District to "ME -12" Multi - family District, approved by the Planning Commission on April 26, 1977. As there was no one present to oppose the rezoning of this property, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,285, as follows) Then presented was Ordinance No. 13,285, described as: AN ORDINANCE RECLASSIFYING LABETTE DRIVE AT LABETTE MANOR IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. There was a motion at this time which suspended the rule and placed the Ordinance on its second reading, with the motion being made by Director Dailey, seconded by Director Keith, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, ' and an ensuing motion was made by Director Dailey, seconded by Director Linkous, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. An Aye and No Vote was then 1409 MAY 17 1977, Cont'd. taken on the passage of the Or with the response described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. It was announced that.the Ordinance had PASSED. Next presented was Zoning Petition No: Z- 2848 -C submitted by Floyd Fulkerson to rezone the 13000 Block of Hinson Road (see petition for long legal description) from "A" One- family District to "MF -12" Multi- family District, "MF -6" Multi - family District and "F" Commercial District. This rezoning proposal approved by the Planning Commission on April 26, 1977. A large delegation of property owners from was Pleasant Valley and Marlow Manor were present in opposition to the proposed development, who were re- presented by Attorney Phillip Kaplan. He filed protest petitions signed by these residents and cited area problems including traffic, sewer and existing commercial use. He told the Board of Directors that "rezoning this property will start the development of another 'Rodney Parham' and make life absolutely intolerable for residents in the area." Attorney Phil Dixon, representing Mr. Fulkerson, the petitioner, introduced Mr. Jack Cassidy, a professional planner who outlined the zoning proposed for the area stating that he felt it is a compatible Zoning Plan,,will be in the public interest and is orderly growth. There was a brief rebuttal by both attorneys and two opposing property owners spoke after which,. Mr. Nathaniel Griffin, Director of Comprehensive Planning stated that the Plan as presented, is a good one and much ' improved over Plans that have been presented in the past, adding that if and when, the Maumelle Sewer Treatment Plant is approved, it should be adequate. With no further discussion, a proposed Ordinance was placed on first reading, with the title being: AN ORDINANCE RECLASSIFYING THE 13000 BLOCK OF HINSON ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND,-FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A roll call vote was then taken on a motion by Director Wellons, seconded by Director Linkous, to suspend the rules and place the Ordinance on its second read- ing, with the response described as follows: Ayes - Director.Keith, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 5; Noes - Director Dailey - total 1; Absent - Director Jones - total 1. It was announced that the suspension of the rules had passed and the Ordinance was read the second time. There was a motion by Director Linkous, seconded by Director Wellons to suspend the rules and place the Ordinance on third and final reading with a roll call vote being taken and recorded as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - .total 5; Noes - Director Dailey - total 1; Absent - Director Jones - total 1. With the Motion being adopted, the Ordinance was read the third and last time with an Aye and No Vote then taken on the passage of the Ordinance, with the results as follows: Ayes - Directors Linkous and Wellons - total 2; Noes - Directors Keith, Dailey, Mayor Mehlburger and Director Castleman - total 4; Absent - Director Jones - total 1. Accordingly, it was announced that the Ordinance had FAILED of passage. Mayor Mehlburger then announced there would be a five minute recess of the Board of Directors. The Board of Directors of the City of Little Rock, Arkansas reconvened at 8:45 o'clock P. M., after a five - minute recess with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Direct o s answering roll call: Directors Keith, Dailey, Linkous, Wellons and Castleman - total 5; Absent - Director Jones - total 1. An Appeal of the Planning Commission's denial on March 29, 1977 of Zoning Petition No..Z- 2503 -A, submitted by Attorney Joseph L. Buffalo, Jr. for F. E. and Tola S. Bates, requesting the rezoning of ' property located at 7600 Iowa Street, with a lengthy legal description, from "A" One- family District to "D" Apartment District, was presented for consideration at this time. A motion was then made by Director Keith, seconded by Director Dailey, and unanimously adopted by voice vote of the Board Members present, wh ch fixed the date of Public Hearing on this Zoning Appeal for June 7, 1977 at 7:30 o'clock P. M. 41 MAY 17, 1977, Cont'd. The next matter to be considered was a Petition filed by five owners of real property located in Director Jones - total l.' Street Improvement District No. 634 of Little Rock, Arkansas, to fill a vacancy on the Board of ' Will Graves, et al, by Attorney Frank Cox; to vacate and close the Alley through C. L. Schafer's Sub- Commissioners of that District. The Petition stated that Lewis S. Rauton, a member of the Board of ' Commissioners of Street Improvement District No. 634, has ceased to reside in the State of Arkansas, and that a vacancy therefore, exists on the Board of Commissioners. It further recommended that Sam Reynolds, a property owner in said District be appointed to fill said vacancy, The Petition was recei and filed by the Board of Directors and the following Resolution was presented: Resolution No.- 5,717, entitled: A RESOLUTION APPOINTING A:COMMiSSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONERS OF STREET IMPROVEMENT DISTRICT NO.'634 OF LITTLE ROCK, ARKANSAS: (Appointing Sam Reynolds) with the Resolution being read in its entirety and subsequently adopted by a motion made by Director Linkous, seconded by-'Director Keith, and by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total l.' A Public Hearing had been scheduled for this time -and place to hear arguments on the Petition from ' Will Graves, et al, by Attorney Frank Cox; to vacate and close the Alley through C. L. Schafer's Sub- division of Block 29, Garland Addition to the"City of Little Rock, Arkansas. As Notice of the Hearing had been duly published on April 22, 1977 and April 29, 1977, as required by law, the Public Hearing was declared to be open. -There was no one present to oppose the closing of*the Alley and Mayor Mehlburger declared the Public Hearing closed and an Ordinance to close same was placed on first'reading. (See Ordinance No. 13,286) ` Ordinance No. 13,286 was presented, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING ALLEY IN C. L. SCHAFER'S SUBDIVISION, BLOCK 29, GARLAND ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Linkous, which'was seconded by Director Wellons and unanimously adopted-by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; after which the rules were again suspended and the Ordinance was placed on its third and final reading, resulting from a motion by Director Linkous, seconded by Director Keith, "and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by and Aye and No Vote taken on the passa of the-Ordinance which resulted as herein described: Ayes = Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes = None; Absent - Director Jones - total 1. The Ordinance was then declared PASSED. The next matter to be considered was Ordinance No. 13,287, described as: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH UNIMARK- MCDONALD, INC. FOR PUBLIC OFFICIAL LIABILITY INSURANCE; APPROPRIATING FUNDS FOR THE FIRST YEAR PREMIUM; AND FOR OTHER PURPOSES; (Public Officials, excluding the Police Department, The Airport Commission and the Airport Manager) and the Ordinance was read the first time. There was.a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Keith, seconded by ' Director Linkous, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing motion was made by Director Keith, seconded by Director Dailey, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the MAY 17, 1977, Cont'd. I I Board Members present, being six in number and two- thirds or more of the members of the Board of Directors elect; and there was a third and last reading of the Ordinance, with the response described as follows: ' Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. Accordingly, it was announced that the Ordinance had PASSED. Presented at this time was Ordinance No. 13,288, entitled: AN ORDINANCE APPROPRIATING FUNDSSFOR MAKING IMPROVEMENTS AT THE NEW LANDFILL SITE; AND FOR OTHER PURPOSES; ($150,000 to commence development of) with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Keith, seconded by Director Dailey and unanimously adopt by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance and an ensuing motion, made by Director Keith and seconded by Director Linkous, to again suspend the rules to allow for the third and last readi of the Ordinance at this time, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance, and recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. It was then announced that the Ordinance had PASSED. Ordinance No. 13,289 was presented, with the title being: AN ORDINANCE AMENDING SECTION 2 -40 OF THE CODE OF ORDINANCES PERTAINING TO DISABILITY BENEFITS FOR UNIFORM EMPLOYEES; REPEALING ORDINANCE NO. 10,356; AND FOR OTHER PURPOSES; (Firemen and Policemen) which Ordinance was read the first time. There was a motion then made by Director Linkous, seconded by Director Dailey and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, whereby the rules were suspended and the Ordi- nance placed on its second reading. There was a second reading of the Ordinance; after which a subseque motion was again made by Director Linkous and seconded by Director Dailey, to suspend the rules to provi for the third and final reading of the Ordinance. The Motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect, and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger; Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent -"Director Jones - total 1. An announcement was made that the Ordinance had PASSED. Introduced at this time was Resolution No. 5,718, with the title being: A RESOLUTION OF INTENT PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ERSHIGS, INC.; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Linkous, seconded by Director Keith, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. The next presentation was Resolution No. 5,719, entitled: A RESOLUTION APPROVING A CETA SPECIAL YOUTH PROGRAM IN SALINE COUNTY, A'L'LOCATING FUNDS; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Dailey and seconded by Director Linkous, which resulted in a roll call vote whereby the Resolution was adopted as he described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and v MAY 17. 1977. Cont'd. Castleman - total 6; Noes - None; Absent - Director Jones - total 1. The last matter to be considered was Resolution No. 5,720, described as: A RESOLUTION PERTAINING TO THE STATUTORY LEGISLATION GOVERNING THE METHOD BY WHICH DIRECTORS OF A CITY WITH MANAGEMENT FORM OF GOVERNMENT ARE ELECTED; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. Due to the filing of litigation in the Federal District Court attacking the constitutionality of the method used in the City of Little Rock to elect members of the Board of Directors, a discussion ensued regarding the above Resolution. Director Wellons expressed his support of the Resolution, but was not resistent to change, adding that he would like some meaning- ful input from citizens as to how the election system should be changed. Mayor Mehlburger suggested that the third paragraph of the Resolution state that the at -large method should be retained, unless submitted to the citizens in a referendum, and the deletion of "the most effective and efficient method" in Section 1. Director Wellons then made a motion that the Resolution be amended to include -the changes suggested by Mayor Mehlburger, but the Motion died for lack of a- second. Director Linkous made a sub- sequent motion that the Resolution be adopted, which was seconded by Director Castleman and adopted by t, the following roll call vote: Ayes.- Directors Keith, Dailey, Linkous, Wellons and Castleman - total 5; Noes - -Mayor Mehlburger - total 1; Absent - Director Jones - total 1. By request from City Manager Carleton McMullin, a Meeting of the Civil Service Commission, the Board of Directors and the City Manager was set for Thursday, May 26th at 9:00 o'clock A. M. to consider the selection of a Police Chief. Also, a meeting of the Board of Directors and the City Manager to review the Park Projects approved in the Bond Referendum was set for Thursday, May 26th at 10:00 o'clock A. M. As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, the meeting was adjourned at _9:15 o'clock P. M. to meet again on Tuesday, June 7, 1977 at 7:30 o'clock P. M. ATTEST: 9—alrL& 4f-N/ City Clerk APPROVED: Mayor 1 1 413 _ -Board of Directors Chamber Little Rock, Arkansas June 7, 1977 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Sane Czech, City Clerk, and the following Directors present: ".Directors Keith, Dailey, Wellons, Castleman and Jones - total 5, Absent - Director Linkous.- total 1. A quorum was declared present and the proceedings of the meeting are,herein recorded as follows: The Invocation was given by Director Wellons. The first presentation was the Consent_ Agenda; consisting of the following items: (a) Minutes of the previous meeting held on May 17, 1977. (b). The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of April, 1977: (c) Report of the Commissioners of Street Improvement District No. 634 (10th_ Street from Fair Park Boulevard to University Avenue) to be received and filed. (d) Resolution No. .5,721, entitled: RESOLUTION APPROVING PLANS AND APPOINTING ASSESSORS IN STREET IMPROVEMENT DISTRICT NO. 634 OF LITTLE ROCK, ARKANSAS: (Appointing Truman Nolen, Joe Harlan, and Robert C. Downie, Jr.) (e) Resolution No. 5,722, described'as: -A RESOLUTION AWARDING CONTRACTS FOR PAPER PRODUCTS & VOCATIONAL EVALUATION SYSTEMS SUPPLIES; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER, PURPOSES; 'WiEh•a motion being made by Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, the foregoing Consent Items were dispensed with.,as'follows: (a) The Minutes were approved as written and summarized to the. -Board of Directors; (b & c) The Comparative Statement of Income Account and the Report of Commissioners of Street Improvement District No.. 634 were received and filed; (d) Resolution No. 5,721 was read in full and adopted; and (e) Resolution No. 5,722 was read -in full and adopted. An Appeal of the Planning Commission's denial on April 26, 1977 of Zoning Petition No. Z -3125, submitted by Jack T. Lassiter, Attorney for William A. Galbraith and Paul Black, requesting the rezoning of property located at 2500 West 7th Street, described as Lot 8, Block 8, Ferndale Addition to the City _ of Little Rock, from "B" Residence District to 'Y Commercial District, was presented for consideration at this time. A motion was made by Director Jones; seconded by Director Keith, and unanimously adopted by voice vote of the Board Members present, which fixed the date of Public Hearing on this,Zoning Appeal for Tuesday, June 21, 1977 at 7:30 o'clock P. M. The next matter to be considered was also, an Appeal of the Planning Commission's denial on April 26, 1977 of Zoning Petition No. Z -3131, submitted by Attorney William L. Terry, for Mrs. Stephie Knoedl, requesting the rezoning of property located in the 700 Block of Barrow Road, described as the northwest corner of I -630 and Barrow Road, with a long legal description, from "A" One - family District to "F" Commercial District. A motion was again made by Director Jones, seconded by Director Keith, and un- animously adopted by voice vote of the Board Members present, which fixed the date of Public Hearing on the Appeal for Tuesday, June 21, 1977 at 7:30 o'clock P. M. A Public Hearing had been scheduled for this time and place to hear arguments pertaining to the Appeal by Attorney Joseph L. Buffalo, Jr. for F. E. & Tola Bates, of the Planning Commission's denial on ' March 29, 1977 of Petition No. Z- 2503 -A to rezone property at 7600 Iowa Street, described as the west 162.5 feet of the E 1/2, NE 1/4, NE 1/4, NE 1/4, Section 35, T -2 -N, R -13 -W, from "A" One- family District to "F" Commercial District. Mayor Mehlburger announced that the Public Hearing was open and all persons wishing to address to the issue should come forward and be heard at this time. Mr. M. E. McGahan of 7603 Ohio Street was the first person to speak, and filed a petition of protest bearing the names of iII✓ 41 JUNE 7, 1977, Cont'd. approximately forty residents in the area. He pointed out that the sewer lines in the vicinity are presently overloaded, traffic on Ohio Street has already increased and that'apartments would lower property values if this zoning change is approved. Attorney Joseph L. Buffalo, representing the petitioners, F. E. and Tola Bates, contended that the property should be put to its best use and that the apartments, as planned, would actually appreciate property values in the neighborhood, and in his opinion, traffic flow would not be increased during peak hours. Mr. Mat Holody, the Developer for the proposed apartments, advised the.Board that the development would be restricted to seventy units or less, and would cater to elderly people, allowing them to walk to shopping centers and the increased taxes derived from the development would benefit the community. There was no further discussion.and Mayor Mehlburger declared the Public Hearing closed and a proposed Ordinance to reclassify the property was placed on first reading. (See proposed Ordinance below) Presented was a proposed Ordinance entitled: AN ORDINANCE RECLASSIFYING 7600 IOWA STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 43-2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR-OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion from Director Dailey to suspend the rules and place the Ordinance on its second reading. The motion.was seconded by Director Keith and adopted by unanimous vote of the members of the Board of Directors present, being 'six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, followed an ensuing motion that the rules again be suspended to allow for the third and final reading of the Ordinance.at this time; with the motion being made by Director Keith, and seconded by Director Dailey, and adopted by unanimous vote of the Board Members present, being-six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third.and last time; after which there was..an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - None; Noes - Directors Keith,.Dailey; Mayor Mehlburger; Directors Wellons, Castleman and Jones - total 6; Absent - Director Linkous —total 1. Therefore, the Ordinance FAILED OF PASSAGE. Resolution No. 5,723 was introduced at this time, with the title being: A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF DIRECTORS.TO ADOPT THE ORDINANCE CREATING AN HISTORIC DISTRICT AND ESTABLISHING PROCEDURES FOR THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS UPON CONFIRMATION AND APPROVAL OF 51 PERCENT OF THE PROPERTY OWNERS WITHIN THE PROPOSED DISTRICT; AND FOR. OTHER PURPOSES; with the Resolution being read in its entirety. A discussion followed on the creation of an Historic District and Mr. Sheffield Nelson, president of Arkansas Louisiana Gas Company and a member of the Historic District Commission, requested the adoption of the Resolution.- He explained that the District would encompass 5th to 17th Streets, Main Street to the Interstate; that public hearings had been held and that the Commission was now ready to present the matter. to the people in the neighborhood. If 51% of the people in the area vote for the proposed District, then an Ordinance creating the Historic District can be presented to the Board of Directors for consideration. Mr. Arnold Duffy, an opposing property owner within the proposed District stated that most of the persons who want a District do not live in the area, and he did not think 10 per cent of the property owners would sign the petition to establish the District. He further stated "this will restrict us to no end and I request that this enti thing be withdrawn." Mr. Clay Moore, a lawyer with property in the area advised the Board that he had "problems" with the Commission's proposal for an Historic District, suggesting that at least one and possibly more members of the Historic District Commission be elected by residents of the area, instead of appointed by the Board of Directors. He requested that the Board see to it that there is a "truly non - partisan information campaign" conducted in the proposed.District. Director Dailey suggested that a public hearing be held and Director Castleman felt the question should be put to -the people to sign a petition, or to oppose it. With no further discussion, there was a motion by Director Dailey,- seconded by Director Jones, for adoption of the Resolution. A roll call vote was then taken and the Resolution f 77 7 L JUNE 7, 1977, Cont'd. was adopted-as follows:. Ayes - Director Dailey , Mayor - Mehlburger;- Directors Wellons, Castleman and Jones - total,5; Noes - None; Abstaining-- - -Director.Keith - total 1; -Absent - Director Linkous - IIIIIII total 1. The.-next presentation was Ordinance No.' 13,290,-described..as:- AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 13,154, AMENDING THE COMPOSITION OF THE HISTORIC DISTRICT COMMISSION; AND FOR OTHER PURPOSES,; and said Ordinance was-read the first time; followed by a motion from Director Wellons, seconded by Director Jones, that the rules be suspended and the Ordinance be placed on -its second reading. The motion was adopted by unanimous vote of the Board Members.present, -being six -in number and two - thirds or more of.the members of the Board of Directors = elect; and 'the Ordinance was then read the second time. The rules were then suspended to allow for the third and final - reading of the Ordinance at this time by a motion made and seconded by Directors Dailey and Jones, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect'. There was-a third'and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received-the.following response: Ayes-- Directors,Keith, Dailey., Mayor Mehlburger, Directors Wellons, Castleman and Jones - -total 6; Noes - None; Absent - Director Linkous — total 1. Accordingly, the Ordinance was declared to have been PASSED.- - Resolution No. 5,724 was.then presented for consideration, entitled:. A RESOLUTION ACCEPTING -AND ALLOCATING FUNDS FROM.THE- UNITED STATES DEPARTMENT OF LABOR PURSUANT TO TITLES II AND -VI OF THE COMPREHENSIVE EMPLOYMENT:AND TRAINING ACT OF 1973; AND FOR OTHER PURPOSES; and there-was a full reading of the Resolution. Upon.- question by Director Jones, Mr. Glynn McCalman of the Manpower Area Planning Council advised, that the time frame for expending the funds will end in November, 1978. There were no further comments and,the Resolution was subsequently adopted upon motion of Director Wellons, seconded by Director Jones,.and by.the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and -Jones - total 6; Noes - None; Absent Director Linkous - total 1. The next matter to -be considered was Ordinance .No. 13,291, with the title being:: AN ORDINANCE.APPROPRIATING FUNDS.TO REIMBURSE -THE REVENUE_SHARING TRUST FUND FOR MONIES USED FOR THE PURCHASE OF A LANDFILL SITE; REPEALING ORDINANCE NO. 13,261; APPROPRIATING FUNDS -FOR TRAFFIC.SIGNAL INSTALLATIONS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time; after which, there was a motion by Director Keith,. seconded by Director Wellons.for a suspension-of the.rules and the•placing.of the Ordinance_on its . second reading. The motion was unanimously adopted by the Board - Members present,,being six in number and two- thirds or more of the - members of :the Board.of Directors.- elect; and.the second reading of -the Ordinance followed.. -A subsequent motion was .then made by Director Keith, seconded by Director Wellons, that the rules again be suspended;to allow fo'rthe third and final - reading of the: Ordinance;. with the' I motion being unanimously adopted by the Board.of Directors - elect. The third and last reading of.the .. Ordinance resulted in the 'taking of-an Aye and No Vote on the passageof the Ordinance, which received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors,Wellons, Castleman i and Jones - total 6; ,Noes - "None; Absent -.- Director Linkous.-- total.l. - It.was announced that the Ord nance had - PASSED. - '_ • Presented at :this., time was, Ordinance. No..13;292; described, -as.:. AN ORDINANCE- REAPPROPRIATING .FUNDS- REMAINING.IN CERTAIN SPECIAL PROJECT..A000UNTS AND FUNDS TO BE REIMBURSED TO THE CITY; APPROPRIATING '$1,600,000.00.IN,FEDERAL FUNDS.; AND.FOR OTHER PURPOSES; (Signal System Design; Hughes Street, Markham -to- Princess; Emergency .Spare Signal Equipment; Barrow Road;eiMarkham to Kanis; Community Services Equipment; Signalization Upgradings; Foxcroft at Cantrell; and Consulting.Engineers Fees).:: which Ordinance was read the first time. There was a motion then made -by Director Keith, seconded by .. Director Dailey and unanimously adopted by the Board Members present, being six in number.and two -thirc J m .TUNE 7, 1977, Cont'd. or more of the members of the Board of Directors - elect, whereby the.rules'were. suspended and the Ordi- nance placed on its second reading. There was a second reading of the Ordinance; -after which a sub- sequent motion was made by Director Keith and seconded by:Director-Dailey;-to.suspend the rules to provide for the third and final reading of the Ordinance. The Motion was - adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the Board of Directors - elect, and the Ordinance was then read the third and last time. --The-resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. An announcement was then made that the Ordinance had PASSED. Next presented was Resolution No. 5,725, described as: A RESOLUTION AUTHORIZING NOTICE OF SALE OF $15,000,000.00 OF GENERAL OBLIGATION BONDS OF THE CITY OF LITTLE ROCK, ARKANSAS; and after a full reading of the Resolution, there was a'motion made by Director Keith ,that--the Resolutio be adopted. The motion was seconded by Director Wellons and the Resolution,' together with "the Emergency Clause contained in Section 3, was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. Presented at this time was Ordinance No. 13,293, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR THE CAPITAL ACQUISITION PROGRAM OF CENTRAL ARKANSAS TRANSIT; AND FOR OTHER PURPOSES; ($22,500.00 - Acquisition Program for 1977) with the Ordinance then being read the first time. A motion followed from Director Dailey, seconded by Director Jones, for a suspension of the rules to allow for the second reading of the Ordinance at this time. The Motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors- elect, and the second reading of the Ordi- nance ensued. A subsequent Motion was made at-this time by Director Wellons, seconded by Director Castleman, to again suspend the rules and place the Ordinance on its third and final reading; with the motion being unanimously adopted by the Board Members present; being six in number and two, -"thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time; after which, there was an Aye and'No Vote taken-on the passage of'the Ordinance, resulting as herein described: Ayes - Director Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 5; Noes - Director Keith - total 1; Absent - Director Linkous - total 1 declared PASSED. Therefore, the Ordinance was The next matter to be considered was Ordinance No. 13,294, as'follows: AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR AND AMERICAN FALCON SERVICE, INC., AS LESSEE IN SUBSTANTIALLY THE FORM AND WITH THE CONTENTS SET FORTH AND MADE A PART OF THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and after the first reading of the Ordinance;'there was an ensuing motion from Director Keith that the rules be suspended and the Ordinance be placed on its second reading, which was seconded by Director Dailey and unanimously adopted by the.Board Members present, being six in number and two = thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; after which the rules were again suspended and the Ordinance was placed on its third and final reading, resulting from a motion by Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and.last reading of the Ordinance, followed by an Aye and No Vote on the passage of the Ordinance which resulted as herein described:' Ayes -- Directors Keith, Dailey, Mayor r, Directors Wellons, Castleman and Jones - total 6; Noes.- None; Absent - Director Linkous - total 1." JUNE 7, 1977, Cont'd. -' total 1. The Emergency.Clause'contained ` in Section 5-of the foregoing - Ordinance was -then read-and adopted by the following roll call vote: rAyes -- Directors -Keith; Dailey, Mayor Mehlburger,-Directors Wellons, Castleman and Jones —total b; .'Noes - None;' Absent t - Director:Linkous_- ,total 1. �It was then announce that the Ordinances together with the Emergency Section-had been PASSED.- , Ordinance No. 13,295 was presented;'with-the title being: _.. AN ORDINANCE AUTHORIZING THE ISSUANCE�OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF TH. FIRST EXTRAORDINARY SESSION:OF THE SIXTY - SECOND GENERAL ASSEMBLY OF.THE STATE OF ARKANSAS,-APPROVED . JANUARY 21, 1960, AS AMENDED, FOR THE PURPOSE'OF PROVIDING PERMANENT FINANCING OF THE COSTS OF SECURING AND DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE)..; AUTHORIZING THE EXECUTION AND DELIVERY OF A-TRUST-INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO -THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF THE'INDUSTRIAL PROJECT AND THE FINANCING THEREOF.; AND DECLARING AN EMERGENCY; Ct ki LM C C ,„ / I a/ 6,-✓i , which Ordinance was read the.,first_ time.- There was'a motion -then made by Director Keith, seconded by Director Dailey and unanimously adopted by the Board Members present, being six in number and two-thirds or more of the members of the Board.of Directors- elect, whereby the rules were suspended and the Ordi- nance placed on its second reading.' There was a-second reading of "the Ordinance; after which a sub- sequent motion was again-made by Director-Keith and seconded by ,Director - Wellons, to suspend the rules to provide for the third and final reading of the Ordinance. The.motion was adopted by unanimous vote ' of the Board Members present, being six in number -and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the third and last time. The resulting Aye,and No Vote taken on the passage of the Ordinance is described as follows:. Ayes -- Directors.Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - -total 6; Noes - None; Absent - Director-Linkous - total 1." AND-FOR OTHER PURPOSES ;_ _ (20 mph on a street adjoining _a school','.whenever children are present) with the Ordinance being read the first.time.. The rules were then suspended to provide for the.second. reading of the Ordinance, by.a motion made.by Director.Keith, seconded -by Director Dailey; and unanimous The Emergency Clause contained in Section 8 of the foregoing Ordinance was read and adopted by the following roll call vote; Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons;;Castle- man and Jones - total 6;- Noes— None; ­Absent:--Director Linkous - .total.l. Accordingly, -the. Ordinance and Emergency Section were declared PASSED. Then presented was Resolution No. 5,726,.-described . as.:- -•_ - A RESOLUTION ACCEPTING A "SURRENDER OF:LIFE'ESTATE ".EXECUTED. BY MARY, FLETCHER DRENNAN FOR,THE PIKE- , � FL'ETCHER -TERRY HOME; AND FOR. OTHER PURPOSES.; with said Resolution being read in full and thereafter adopted upon motion of Director Keith, seconded by Director Wellons,,- and the following: roll. call .vote:- Ayes .- .Directors Keith, Dailey; Mayor.Mehlburger, Directors Wellons, Castleman. and.' Jones - total- 6;,_Noes - ,:None.; .Absent - Director Linkous - total 1. Introduced 'at' this %time was-..Resolut-ion.No..;5.,727, with. the title being: - A RESOLUTION AUTHORIZING THE CITY. MANAGER TO SUBMIT,AN,.APPLICATION,FOR STATE,ASSISTANCE UNDER ACT NO. 763 OF 1977 (TOURIST FACILITIES- -ACT);_AND FOR OTHER PURPOSES.; ..... - .. (For; A new Convention and Sports Arena Complex downtown) and.the Resolution was read in its.entirety. A motion was then made by Director Wellons and seconded by Director Keith, which resulted in a roll call vote whereby :the,Resolution was adopted as herein described: Ayes'. - Directors Keith, Dailey, Mayor..Mehlburger, Directors Wellons., Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total Ordinance No. 13;296 was next presented,_with the title being: ' AN ORDINANCE AMENDING SECTION 39 -58 OF THE CODE.OF ORDINANCES PERTAINING TO.LIMITS.IN SCHOOL ZONES; AND-FOR OTHER PURPOSES ;_ _ (20 mph on a street adjoining _a school','.whenever children are present) with the Ordinance being read the first.time.. The rules were then suspended to provide for the.second. reading of the Ordinance, by.a motion made.by Director.Keith, seconded -by Director Dailey; and unanimous 1 - JUNE 7, 1977, Cont'd. adopted by the Board Members present, being six in number and two= thirds or more -of the members of the Board of Directors - elect: There was a- secondlreading•of-the Ordinance; followed by a subsequent- motion made and seconded by Director Dailey - -and Director Keith, respectivelp+.-E6 suspend the rules and place , the Ordinance on its third and final reading. The motion received unanimous-adoption by'the Board Members present, being six in number and two - thirds or more of-the-members of the Board of Directors- elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordi- nance was then submitted to an Aye and No•Vote, which received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - .total'l. The-Ordinance was then declared PASSED. The next presentation was Resolution No. 5,728, described as: A RESOLUTION REVOKING AN AMENDMENT OF A RESTRICTION OF USES CONTAINED IN A CERTAIN DEED.BETWEEN- JOHN F. BOYLE AND SNOW YOWELL BOYLE; HIS WIFE, TO THE CITY OF LITTLE ROCK; AUTHORIZING -THE MAYOR AND i CITY CLERK TO EXECUTE A LEGAL INSTRUMENT REVOKING SUCH AGREEMENT -OF RESTRICTION'OF_USES AS EXECUTED BY, ;I: ,r THE HEIRS OF SAID JOHN F. BOYLE AND SNOW YOWELL - BOYLE AND RESTORING THE RESTRICTION USES CONTAINED IN SAID DEED DATED MAY 31, 1929 TO THE ORIGINAL FORM; AND FOR OTHER PURPOSES; (Re: Boyle Park) and after a full reading of-the Resolution, there was-a'motion by Director-Wellons, seconded by Director Keith, that the Resolution be adopted.- The ensuing roll call vote then adopted the Resolution as herein described:. Ayes - Directors Keith,-Dailey, Mayor Mehlburger; Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director'Linkous•- total l.- -. Resolution No'.-5-,729 was then presented for consideration,-with-the title being: A RESOLUTION PERTAINING TO THE FILLING AND /OR CHANGING COURSE IN THE FLOODPLAIN AREAS OF FOURCHE CREEK AND ITS TRIBUTARIES; AND FOR OTHER PURPOSES; (Re: Flood Insurance Study Completion; Requesting Corps of Engineers not to issue permits until) and there was a full-reading of the Resolution. The Resolution was subsequently adopted upon motion of Director Wellons, seconded by Director Dailey, and by the following roll call vote: Ayes — Directors Keith, Dailey; Mayor Mehlburger, Directors Wellons y Castleman and Jones - total 6;'. Noes - None; Absent - Director Linkous - total 1. Resolution.No. 5,730 was presented, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSED CABLE TELEVISION ORDINANCE TO THE CABLE TELEVISION INFORMATION CENTER FOR REVIEW AND EVALUATION; AND FOR OTHER PURPOSES; (Cost of Study: $600700) and the Resolution was read in its entirety.•- A motion was made by Director Wellons, and seconded by Director Dailey, that the Resolution be adopted: A roll call was taken and'the Resolution was sub- sequently adopted by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons and Jones - total 5; Noes - Director Castleman - total 1; Absent - Director Linkous - total 1. The next matter to be considered was Resolution No. 5,731, described as: A RESOLUTION,RE- ALLOCATING SECOND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND FOR OTHER PURPOSES. . ($40,000 re- allocated for Sidewalk Project) - with said Resolution being read in full and thereafter adopted upon motion of Director Keith, seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous —total 1. Next presented was Resolution No., -5,732, as follows: A RESOLUTION ACCEPTING AN OFFER MADE BY REYNOLDS METAL COMPANY TO BUY A TRACT OF LAND IN THE LITTLE ROCK PORT INDUSTRIAL PARK DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A WARRANTY DEED IN FAVOR OF THE REYNOLDS METAL COMPANY UPON PAYMENT, -OF THE TOTAL PURCHASE PRICE AND FOR OTHER PURPOSES; ($330,393.75) .. N41 JUNE 7, 1977, Cont'd. and said Resolution was 'read in full.'.. Director :Wellons =made a:motion - that.the Resolution be adopted. The motion was- seconded by Director Keith' And: was" unanimously .adopted' -by the-following -roll call'vote': Ayes.- Directors Keith,' Dailey;. Mayor =- Mehlburger i , :Directois`Wellons'; Castleman and Jones - total 6; Noes - None; Absent - Director. Linkous -.- total, -:'. At this point, City Manager _ Carleton McMullin advised•'the'Board of Directors that an emergency had arisen.with reference to the completion.of Phase I of the Sanitary Landfill. He explained that in order to meet the opening date of July -18th, it would be necessary to purchase and /or lease the necessary supplementary equipment, men and materials and requested that the Board of Directors' consider the follow- ing Resolution:.. Resolution No. 5,733 was presented, with -the title being: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS DECLARING AN EMERGENCY CONDITION AND WAIVING COMPETITIVE BIDDING AND FOR OTHER PURPOSES TO FACILITATE CONSTRUCTION OF PHASE ONE SITE IMPROVEMENTS TO CITY OF LITTLE ROCK SANITARY LANDFILL; and after a full reading of the Resolution, there was a motion by- Director Keith that the Resolution be adopted. The motion was seconded by Director Wellons and -the Resolution was adopted by the following roll call vote: Ayes - Directors,Keith, Dailey; Mayor Mehlburger, Directors'Wellons; Castleman and Jones - total 6; Noes - None; Absent - Director Linkous —total 1. Presented for consideration was Resolution No. 5,734, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE PULASKI COUNTY MANPOWER AREA PLANNING COUNCIL; AND FOR OTHER PURPOSES; (Appointing Kay Goss to replace J. R. Rodgers; and'Robert Barker to replace George Johnson) with the Resolution being read in its entirety. There was a motion then made by Director Dailey, seconded by Director Keith, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Dailey; Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. Resolution No. 5;735 was next presented, described as: A RESOLUTION MAKING APPOINTMENTS TO THE CITY SAFETY COMMISSION; AND FOR OTHER PURPOSES; (Appointing: W. A.-Clift; Catherine Davis;•and Harlan T. Holmes) and the Resolution was read in full. There was a motion made by Director Dailey, seconded by Director Wellons, that the Resolution be adopted. A roll call was taken and the responding vote.adopted the Resolution as follows: -Ayes- Directors-Keith, Dailey; Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous.- total 1. The next Resolution to be considered was No. 5,736, as follows: A RESOLUTION MAKING APPOINTMENTS TO THE BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES; (Appointing: Mr. Kirby Smith and Mr. Ray Fureigh) and after a.complete reading of.the Resolution, there was a'motion by Director Dailey, seconded by Director Keith, that the Resolution be adopted. A roll call was taken and the responding vote adopted the Resolution as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous Jtotal 1. The last appointment to be considered was Resolution No. 5,737, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK HISTORIC DISTRICT COMMISSION; AND FOR OTHER PURPOSES; (Appointing Mr. Robert Connor) and after a full reading of the Resolution, there was a motion by Director Dailey that the Resolution be adopted. The motion was seconded by Director Wellons and the'Resolution was adopted by the following roll call voter Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous,- total 1. JUNE 7, 1977, Cont'd. T`.: rUnder "Citizens Communications ";. Mrs. Eloise_.Ensminger :,who has been-a resident of Little Rock for three years, stated that, the house her family purchased' moving , here -had no insulation around the duct work in the heating and cooling system, and'it'was..her information that there, was no Ordinance regulating this phase of construction. For the purpose'of. conserving much needed energy, it was her opinion that the City should adopt such - an.Ordinance., Director Wellons, who.is also Chairman of the Board of the General Air Conditioning Corporation; advised Mrs ;- Ensminger -that the heating and air — conditioning people themselves would,desire such a'Code, but.- that- it,had; been vigorously opposed. As there was. no; further business, to be presented or to- ,come.before,the Board of Directors, upon motion of Director Wellons, seconded by Director Keith, and unanimously adopted by the Board Members present, the meeting was adjourned at 9:.40 o' clock- :P.;,M:_ to meet again on�Tuesdayl June.21, 1977 at 7:30 o'clock P. M. ATTEST; 9a.,YW &Z/V, APPROVED: City Clerk Mayor I/ 1421 Board of Directors Chamber Little Rock, Arkansas June 21, 1977 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Linkous, Wellons, Castleman and Jones - total 5; Absent Director Dailey - total 1. A quorum was declared present and the proceedings of the meeting are herein recorded as follows: The Invocation was given by Director Linkous. Presented first from the Official Agenda were the Consent Items, consisting of the following: (a) The Minutes of the previous meeting held on June 7, 1977. (b) Resolution No. 5,738, entitled: A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF ROCK SALT; EXTENDING A CONTRACT FOR CARPENTRY WORK AT CITY HALL; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. By a motion from Director Linkous, seconded by Director Keith, with all members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the members of the Board of Directors; (b) Resolution No. 5,738 was read in full and adopted, 6 -0. At,this time, there was presented Petition No. Z -3137 from Bill McClard for Jim Ligon, requesting the rezoning of property located at the southeast corner of 34th and Janie Streets, described as Lots 12 and 13, Henderson's Subdivision of Blocks 11 and 12, Intercity Addition and the east half of Janie Street adjacent on the west, from "A" One- family District to "I" Light Industrial District, approved by the Planning Commission May 31, 1977. There was no opposition presented to this proposal: and an Ordi- nance to reclassify same was placed on.first reading. (See Ordinance No. 13,297 below) There was presented Ordinance No. 13,297,.described as: AN.ORDINANCE RECLASSIFYING THE SOUTHEAST CORNER_OF 34TH,AND JANIE STREETS IN THE CITY OF. LITTLE. ROCK, ARKANSAS, AMENDING..SECTION.43 -2 OF THE_CODE OF.:ORDINANCES OF THE CITY•OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES;. ` and there.was a first reading.of thecOrdinance ;n..The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Keith, seconded by Director Linkous,,which was adopted by unanimous vote of the Board.Members present;-being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; after which there was a sub- sequent motion from Director Linkous, seconded by Director Keith, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes.- Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. It was announced bye the Mayor that the Ordinance had PASSED. Zoning Petition No. Z -3111 was next presented, having been submitted by action of the Planning Commission, for the purpose of rezoning property locatedjin: the 800.Block of.Garland Street, described as all of Block.351,.Original City of Little Rock, less and - except the west 50ft. of.the south one -half of said Block, from "D" and: "E'_' Apartment Districts to "E -1" Quiet Business- District. .There was no ' opposition presented to the zoning proposal and an Ordinance to reclassify the property was presented for first reading. (See Ordinance No. 13,298 below) Ordinance No. 13,298 was.presented,.entitled: AN ORDINANCE.RECLASSIFYING.THE 800 BLOCK OF-.GARLAND STREET:IN:THE CITY OF LITTLE.ROCK; ARKANSAS, . AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER I JUNE 21. 1977. Cont'd. PURPOSES; and said Ordinance was read the first time; followed by a motion from Director Keith, seconded by Direc Linkous, that the rules be suspended and the Ordinance be placed on.its second reading. The motion was adopted by unanimous vote of the Board Member's present, being six in number and two- thirds or more of t members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules we then suspended t6 allow for the third and final reading of the Ordinance at this time by a motion made and seconded by Directors Linkous and Keith, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Th was a third and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of t Ordinance received the following response: Ayes - Director Keith, Mayor.Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. The Ordinan was then declared to have been PASSED. An Appeal of the Planning Commission's denial on April 26, 1977 of Zoning Petition No, Z -3125, submitted by Attorney Jack T. Lassiter, to rezone property at 2500 West 7th Street from "B" Residence District to "F" Commercial District had been placed on the Agenda for a Public Hearing. Return receipts of notification of the time and place of Public Hearing to the opposing property owners within 200 feet of the location, were not filed with the City Clerk, as required by Ordinance, therefore Public Hearing could not be held, Director Linkous made.a motion that the Public Hearing be re.- scheduled for July 5, 1977, which motion was seconded by Director Castleman and adopted by unanimous voice vote of members of the Board of Directors present. Therefore, Public Hearing will be held at 7:30 o'clock P. M., July 5, 1977. Next presented, was an Appeal filed by Attorney William L. Terry, for Mrs. Stephie Knoedl, owner of the property on the west side of the 700 Block of Barrow Road, of the Planning Commission's denial on April 26, 1977 of Zoning Petition Z -3131 to reclassify the above property from "A" One- family District to "F" Commercial District, As a Public Hearing had been scheduled for this time and place, Mayor Mehlburg declared the Public Hearing to be open. The first person to speak was Attorney John Williams represent- ing the petitioner, Mrs. Knoedl. The Highway Department had acquired part of the tract for the construct- ion of the interchange at Barrow Road and I -630, leaving 5.9 acres remaining, which they evaluated as "F" Commercial property. Mr. Williams.introduced Mrc James ",Larrison, Realtor, who presented.desired uses and challenged the justification of "A" One - family zoning at this location. Several property owners in the Pennbrook Addition were present to speak in opposition to the proposed rezoning. They cited traffic problems, hazard to children attending Henderson Middle School, inadequate drainage and opening up the way for the deterioration of the neighborhood, as reasons for opposing this proposal. In_Mr. Williams' rebuttal, he advised that the developer would provide proper drainage and requested the Board to consider the matter in its present form, rather than other zoning classifications. Upon question by Director Linkous, Mr. Nathaniel Griffin, Director of Comprehensive Planning, stated that the construction of the freeway had changed the use of the property; however, something other than "F" Commercial would be preferable, adding that any use will require special treatment. With no further discussion, Mayor Mehlburger declared the Public Hearing closed and a proposed Ordinance to rezone the subject property was placed on first reading. A proposed Ordinance was presented, entitled: AN ORDINANCE RECLASSIFYING THE 700 BLOCK OF BARROW ROAD (WEST SIDE) IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND I FOR OTHER PURPOSES; and there was a first reading of the Ordinance, followed by -a motion from Director Keith to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Linkous, adopted by unanimous vote of the Board Members present, being six in number and,two- thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. The rules were again lit 1977, Cont'd. r21 ended to allow forthe -third and final- reading -of the Ordinance by a subsequent-motion, made and nded by Directors Linkous and Keith, respectivelyt and unanimously adopted by -the Board Members present, -being six An number -- and'- two - thirds,. -or .more of the members of the Board of Directors = elect. _ There was a third and last reading -of the Ordinance, and the resulting Aye and No -Vote taken on the passage of the Ordinance received.the following response: 'Ayes:- None; Noes - Director-Keith, Mayor Mehlburger, Directors - .Linkous, Well'ons,'Castleman and Jones - total 6, - -- Absent - Director Dailey - total 1. Accordingly, it was announced that the Ordinance had- FAILED -TO PASS'. - The next presentation was an Appeal by Mr. -Bill Harrison,'Special Assistant to.the Executive Direct( of the Economic Opportunity Agency, of Pulaski County, - Inca, of the Planning Commission"s recommendation for denial of Petition No, Z -3136 to rezone property located at 1872:Schiller Street, described-as Lots 12 and 13, Block 4,- Moore & Penzel Addition to the -City of'Little•Rock-, from "C" Two- family District to "D" Apartment District. A motion was:made -by Director Keith, seconded - by -- Director Linkous; - -and un= animously adopted by the Board Members present, which set the date of a Public Hearing on this zoning issue for Tuesday, July 5, 1977 at 7:30 o'clock P. M. The next matter to be considered was-the--Petition of the Immanuel Baptist Church, requesting the vacating.and closing of- .Bishop Street:from 10th Street to 11t1f Street -in the City of Little Rock,-which petition was approved by-the Planning Commission: Documents included with the Petition were a letter from the Little Rock Abstract Company certifying to the last apparent owners of record of the property abutting the portion of the Street to be closed, and -a certified - copy -of the plat of Fitzgerald Addition to the City.of.Little Rock as recorded in the office of the Pulaski County Circuit Clerk. (See Resoluti I No. 5,739 as follows, which sets the -date of PubliclHearing -for 7:30 o'clock P. M., Tuesday, July 19, 1977.)- Then . presented' was- Resolution, No.- 5,739, described as; .- - RESOLUTION OF- THE -BOARD OF DIRECTORS OF-THE CITY OF-LITTLE ROCK,' ARKANSAS, 'SETTING THE DATE OF'. HEARING ON THE-PETITION-TO VACATE= BISHOP STREET BETWEEN 10TH STREET- AND'11TH.STREET, IN THE CITY OF- LITTLE.�ROCK, ARKANSAS; AND FOR OTHER PURPOSES; - - - -' with said Resolution being read in full and thereafter: - adopted upon motion -of- Director Linkous, seconded by Director-Keith, and the. following roll call vote; 'Ayes -- Director. Keith,. Mayor Mehlburger, Directors Linkous, Wellons, Castleman and-Jones - total 6; Noes-- None; Absent - Director Dailey. - total 1. There was presented - Ordinance No.- 13,:299., entitled:.:.: .,AN ORDINANCE APPROPRIATING FUNDS FOR THE PURCHASE OF CURRAN CONWAY =FIELD FROM= THE.LITTLE ROCK BOYS' CLUB; AND FOR OTHER *PURPOSES;- . - -: -. • - -.. and there was a .first- reading of the Ordinance: - The rules were then suspended and the-,Ordinance placed on'its second reading by a motion from.Director Keith, seconded by Director Castleman, which was - adopted by unanimous vote.of the Board Members. present, being:six in, number and - two - thirds or more -of the member of the Board of Directors - elect. -The Ordinance was. read the second . time; - after - "which there was.-a'-sub- sequent motion from Dire &tor- Keith,-again seconded by Director Castleman, that the rules be suspended again and the Ordinance -be placed -on- its -third and -final .reading. The.motion'was- unanimously adopted by the Board Members.present'' being six - in•number an& two- thirds- or.more of the members of: the .Board: of Directors- elect; and the Ordinance was then'read'thel, third and -last time. The resulting•Aye and.No Vote I taken on the passage of the Ordinance received the following response: Ayes - Director Keith; Mayor Mehlburger, Directors Wellons,.Castleman -arid Jones - .total 5;: Noes - None; Abstaining -- :Director Linkous -- total -1; Absent = - - Director Dailey , - �total..1. .Whereupon,:the Ordinance was declared PASSED. Ordinance No. 13,300 was presented with the title being: AN ORDINANCE EXTENDING THE CITY:S VEHICLElLIABILITY_ INSURANCE;.APPROPRIATING..FUNDS TO DEFRAY..THE -COST OF INCREASED PREMIUML FOR - -SUCH VEHICLE LIABILITY INSURANCE; -AND -FOR OTHER PURPOSES; - - - (Providediby. Baldwin, Meadors>& Bond, Inc. - .$10,000.00 :appropriated) -.. JUNE 21, 1977, Cont'd. An Aye and No vote was taken at this time on the passage of.the Ordinance-and resulted-,as herein described:. Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, - Wellons, Castleman and;Jones - total 6; Noes - None; Absent - Director Dailey - _total 1.1.,The.0rdinance- was.then declared to.have, -. been PASSED. Then presented was Resolution No; 5,,740, entitled: A RESOLUTION WAIVING THE RIGHT OF ACQUISITION OF CERTAIN LANDS DESIGNATED IN THE MASTER PARKS PLAN; AND FOR OTHER PURPOSES;.. .. _. .. _ . (Park Site 34 NF located south of Cantrell Road in the Piedmont Subdivision, containing 10 acres) with said Resolution being read in.full and thereafter adopted upon motion of Director Linkous, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith, Linkous, Wellons, - Castle- man and Jones - total 5; Noes-- .None;.,Abstaining _- Mayor Mehlburger - total l; :Absent - Director. Dailey - total 1. Resolution No.,.5,741 was next.considered,_containing the following title -: A RESOLUTION,AUTHORIZING THE CITY MANAGER To ENTER INTO AN AGREEMENT FOR LEASING ADDITIONAL OFFICE SPACE FROM LEAKE T. V...ENTERPRISES FOR THE_CETA- ADMINISTRATIVE OFFICES; AND FOR OTHER PURPOSES; and said Resolution was.read in -full. A motion was.made- by..Director Jones, seconded by Director Wellons, for adoption of the Resolution and subsequently submitted to a roll call vote whereby the Resolution was adopted as follows: Ayes.- Director Keith, Mayor Mehlburger,.Directors Linkous,_Wellons,_Castleman and Jones - total 6; Noes - None;,-Absent - .Director Dailey:- total 1. There was presented Resolution No. 5,742,-described as: A RESOLUTION ACCEPTING -A DEDICATION DEED TO LANDS TO BE USED.AS.A,.PLAZA AREA IN THE NEW METROCENTRE AREA; AND FOR OTHER PURPOSES; __ ._. (Located at: N /W.corner.of West Capitol.and Main Streets.- from the Housing Authority)___ with said Resolution being read in its entirety and subsequently adopted upon motion of Director Wellons seconded by Director Linkous, and by the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - and said Ordinance was read the first time; followed by a motion from Director Keith, seconded by Director Wellons, that the rules be suspended and.the Ordinance be placed on its.second reading. The motion was adopted by unanimous vote of the Board Members present, being six in number -and two - thirds or more of the members of the Board of._Directorselect; and the - ;Ordinance was then read the second time. The rules were then suspended to allow for the third and final reading of_- the:Ordinance at_this. time by a motion made and seconded by. Directors. Keith. and Castlemant,respectively, and unanimously adopted by the Board Members present, being, six, in number and two- th:irds_or more of.the.,members of the Board. of Directors elect. There was a.third and.last_ reading of-the.-Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes.,,- Director Keith, Mayor Mehlburger, Directors Linkous, Wellons,- Castleman. and Jones_- :total,.6;r; Noes.- None; Absent - Director Dailey. - total 1. The Ordinance was then declared,to have-.been PASSED.: The next matter_to be considered was Ordinance No.13,301, described as: AN ORDINANCE APPROPRIATING REVENUE SHARING FUNDS FOR PHASE II OF.THE,NEW LANDFILL IMPROVEMENTS. AND FOR DRAINAGE IMPROVEMENTS IN THE METROCENTRE AREA; AND FOR OTHER PURPOSES; and the Ordinance was, read the first time. A motion then. followed from Director Jones,, seconded by Director Wellons, that the rules be- suspended and the Ordinance be placed on second reading, which motion was unanimously adopted. by.. the Board, Memberss present, being: six in.number. and . two-thirds or more of the; members of the Board of Directors - elect,..:- There -was, a_ second reading:_of- the..Ordinance and an ensuing motion made and seconded:by Directors,Keith and.Linkous,.respectively,;for , a further suspension of -the rules and the placing of the Ordinance,on: its_ third - and- final,reading...The motion.was_subsequently . . adopted by unanimous vote of the: Board Members. present,_ being. six: in number and -two- thirds or more of. the members of the Board of Directors - elect; and the Ordinance was then read the third and last time.. . An Aye and No vote was taken at this time on the passage of.the Ordinance-and resulted-,as herein described:. Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, - Wellons, Castleman and;Jones - total 6; Noes - None; Absent - Director Dailey - _total 1.1.,The.0rdinance- was.then declared to.have, -. been PASSED. Then presented was Resolution No; 5,,740, entitled: A RESOLUTION WAIVING THE RIGHT OF ACQUISITION OF CERTAIN LANDS DESIGNATED IN THE MASTER PARKS PLAN; AND FOR OTHER PURPOSES;.. .. _. .. _ . (Park Site 34 NF located south of Cantrell Road in the Piedmont Subdivision, containing 10 acres) with said Resolution being read in.full and thereafter adopted upon motion of Director Linkous, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith, Linkous, Wellons, - Castle- man and Jones - total 5; Noes-- .None;.,Abstaining _- Mayor Mehlburger - total l; :Absent - Director. Dailey - total 1. Resolution No.,.5,741 was next.considered,_containing the following title -: A RESOLUTION,AUTHORIZING THE CITY MANAGER To ENTER INTO AN AGREEMENT FOR LEASING ADDITIONAL OFFICE SPACE FROM LEAKE T. V...ENTERPRISES FOR THE_CETA- ADMINISTRATIVE OFFICES; AND FOR OTHER PURPOSES; and said Resolution was.read in -full. A motion was.made- by..Director Jones, seconded by Director Wellons, for adoption of the Resolution and subsequently submitted to a roll call vote whereby the Resolution was adopted as follows: Ayes.- Director Keith, Mayor Mehlburger,.Directors Linkous,_Wellons,_Castleman and Jones - total 6; Noes - None;,-Absent - .Director Dailey:- total 1. There was presented Resolution No. 5,742,-described as: A RESOLUTION ACCEPTING -A DEDICATION DEED TO LANDS TO BE USED.AS.A,.PLAZA AREA IN THE NEW METROCENTRE AREA; AND FOR OTHER PURPOSES; __ ._. (Located at: N /W.corner.of West Capitol.and Main Streets.- from the Housing Authority)___ with said Resolution being read in its entirety and subsequently adopted upon motion of Director Wellons seconded by Director Linkous, and by the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - JUNE 21, 1977: Cont'd. Director Dailey �- total 1. The next presentation was Resolution No. 5,743, with the title.being:: _ A RESOLUTION - URGING THE PULASKI COUNTY QUORUM COURT,TO LEVY•A COUNTYWIDE INCOME TAX AND.TO CALL A" SPECIAL ELECTION FOR THE PURPOSE,OF SUBMITTING:THE QUESTION TO THE QUALIFIED ELECTORS IN.THE COUNTY ALL AS PROVIDED BY ACT.942, ACTS OF,ARKANSAS 1977; AND FOR OTHER PURPOSES; - - -- and after a full reading.of: the Resolution; a discussion followed regarding the issue of a countywide income tax.' Mrs: Emily Barrier, president of the League -of Women Voters of Pulaski County read a: statement urging positive action on-the needs.for additional revenue. .Mr. Craig Barnes, a member of the Pulaski. County Quorum -Court expressed his opinion.reluctantly, -that the expenditure of funds_to.call an I election would.not be a wise one.because:he..felt.the tax would be defeated. His thought : was..to -go to the Legislature and say, "we need relief." He urged that the election.not be.called. "Another member of the Quorum Court, Mr. Steve Goss, emphasized,the cost of the election and felt.it would be.a-useless cause. ..Direct or. Wellons-::s upported..Mrs.. Barrier -.'s views stating that..the local income tax and 'vehicle tax are the only avenues we.have for securing:additional revenue; and though the.income.tax:would not, generate a large sum -of money, it is.estimated that.it would keep .the- budget.in balance until 1980. 1 Director Linkous suggested.that.the income tax might- not.be,the fairest tax that could be presented, but that additional revenue must be- .generated and cited the 41�%.salary increase for Municipal.Employees last year as compared to the.7-1�% rise.in-the cost of living. At.this time,.he offered the following amendments to the proposed Resolution: Amendment No. 1. "In the event there is a levy of a county -wide income tax -in Pulaski;.' County and such is approved by the qualified electors voting thereon, the. City�of :Little::Rock.is:.committed to-repeal the..privilege and occupation license provisions of the Code of Ordinances." Amendment No. 2. "Every member of the Board of Directors voting in the affirmative for ` i... - :..the.-adoption of this.Resolution personally pledges-to support the _levy,:., of a county -wide income tax and encourage its approval by the electorate voting thereon."-... fDirector Jones was in agreement with the League of Women Voters and added that "the amount..of money spent.for the election is an, investment in our future.'.' Mayor.Mehlburger, stated,., "we need additional revenue and this source is the fairest.I can think of." He'expiessed support in the elimination -of the privilege license.lif_the income tax should pass, and hoped for the passage.of Director Linkous' two amendments. Dr. Garman P. Freeman, a local.dentist advised that with the repeal of the Privilege License he could support *the new proposal. Mr.rRobert McIntosh;: a: local :restaurant owner, said he, could support the tax if. the. City, pledged.-to use. the. money to .improve -law enforcement on the east side of the. City. There was no. further discussion_and.Director Linkous.made.a motion.to:amend the Resolution to include the proposed First Amendment, which motion was seconded by Director Castleman and the amendment was_ adopted by the following roll call vote: Ayes - .Mayor.Mehlburger,�Directors Linkous, Castleman and Jones - total 4; Noes--- Director.Wellons - _total 1; .Abstainin&n Director .Keith - .total_l;::.Absent - Director Dailey - total 1. Director Linkous then made a motion that the proposed Second Amendment be adopted, and the motion was again seconded by Dire ctor.Castleman, with the results of the, roll call as follows.: Ayes: - .Mayor Mehlburger, Directors. Linkous,. Castleman, and Jones - .total 4;,- Noes;- Director , Wellons - .total l ;,- - Abstaining - .Director Keith. -- total - 1;.: Absent - Director, Dailey - total 1.,;Accord- ingly, both. Amendments were..adop.ted,:and a:subsequent- motion was made by- .Director Linkous, seconded by Director Castleman,. for•adoption..of the Resolution,: as. amended, and.,when submitted,to.a roll, call vote, received the following response: Ayes - Mayor Mehlburger, Director Linkous.,.Castleman and,Jones.- total 4; Noes - Director. Keith. = -total -1;.: Abstaining.- Director Wellons - ._total, l; Absent - Director Dailey.- total' 1. Therefore, .the _Resolution, as'amended, was. adopted. :... .- Resolution No. 5,744 was presented,,entitled:.... _. A RESOLUTION- ACCEPTING.A CERTAIN OFFER TO.BUY:A PARCEL_OF.LAND OWNED.BY THE_CITY OF LITTLE,.ROCK BY McGEORGE EQUIPMENT RENTAL COMPANY IN. . CONSIDERATION. OF.THE.CONVEYANCE TO THE CITY OF LITTLE, ROCK CERTAIN OTHER LANDS HEREINAFTER..DESCRIBED SUBJECT TO.THE,APPROVAL -OF TITLE BY THE,CITY.ATTORNEY'S OFFICE; -, _ 426 JUNE 21, 1977, Contd. AUTHORIZING THE MAYOR TO EXECUTE A WARRANTY DEED THERETO AND DIRECTING THE CITY ATTORNEY:TO PREPARE THE NECESSARY LEGAL DOCUMENTS; AND.FOR.OTHER':PURPOSES ;., r. :. (Land trade of certain lands-surrounding Gillam Park).... with the Resolution being.read.in its;entirety. A:motion',• then followed.from.Director- Castleman, seconded by Director Linkous, that the Resolution -be adopted.. A roll.call was.taken and the Resolution was subsequently adopted by the following.vote:. Ayes_- _Director.Keith, Mayor Mehlburger,,Directors Linkous, Wellons, Castleman and Jones - :total16:;: Noes..- :None,,uAbsent - Director Dailey - total:L At this point,.Resolution.No. 5.,.745:was introduced,.with,the :,description being: , A RESOLUTION AUTHORIZING.THE.CITY• MANAGER..TO:APPROVE:PROJECTS. UNDER•PUBLIC,.SERVICE EMPLOYMENT PROGRAMS PURSUANT TO TITLE VI OF'THErCOMPREHENSIVE EMPLOYMENT,iAND.TRAINING ACT; AND FOR -OTHER PURPOSES; and said Resolution was-,read in full. ')Director..Linkous:then made.a motion which was seconded by Director Jones that-the- Resolutionfbe adopted. The resulting:roll call -.vote then provided for adoption of the Resolution as:follows:. Ayes - .Director Keith,. Mayor.Mehlburger, Directors Linkous, Wellons, Castleman and Jones.- total 6; Noes - None; Absent - Director. Dailey - total 1- Presented for.consideration.next,:was Resolution No.:,5,746,.with the title being; A RESOLUTION APPROVING AN.OFFER AND�ACCEPTANCE THERETO BY THE LITTLE.ROCK PORT AUTHORITY.TO SELL ONE (1) ACRE MORE.OR:LESS OF LAND IN THE LITTLE ROCK PORT INDUSTRIAL PARK. DISTRICT TO_GEORGE F.. BACHMAN AND GLADYS BACHMAN,_HIS.WIFE; AUTHORIZING THE MAYOR- .TO.SIGN_A,WARRANTY DEED -TO CONVEY SAID PROPERTY; AND FOR OTHER PURPOSES; :..... (Tract J, Area 201: - $15,000.00)= and the Resolution was.read dn_its' entirety. .A.motion.was!made by Director Linkous, seconded by Director _''j _.. _. .._ Keith, that the Resolution be adopted. The resulting roll call vote provided for adoption of the Resolution as herein recorded -: _Ayes - Director: Keith , - Mayor:Mehlburger,,Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Dailey.. - .total 1. Presented for consideration at this time'was.Resolution..No. 5,747,. entitled; •,. A RESOLUTION AMENDING RESOLUTION NO. 5,711 AUTHORIZING THE.CITY.ATTORNEY TO INSTITUTE ANNEXATION PROCEEDINGS TO ANNEX TO THE CITY OF.LITTLE ROCK CERTAIN.•LANDS SOLELY „OWNED•BY.:.THE CITY.OF LITTLE ROCK TO BE USED FOR THE'LITTLE:ROCK:PORT INDUSTRIAL PARK TO CORRECT A:LEGAL DESCRIPTION CONTAINED THEREIN; AND FOR OTHER PURPOSES;, with said Resolution being read in full and.thereafter.adopted! upon motion:of Director,Keith, seconded by Director Jones, and by. the -following: roll. call vote :t - Ayes - Director Keith,. Mayor:Mehlburger, - Directors Linkous, Wellons, Castleman -and: Jones-- total, 6; :Noes-.r'None; ..Absent — Director Dailey. -. total 1. Resolution No. 5,748 was presented, with the.title being: A RESOLUTION PERTAINING TO THE•TERMS.OF TRUSTEES OF THE ARKANSAS ARTS:CENTER;. AND 'FOR OTHER ,. PURPOSES; (Terms shall expire June 30th of the calendar year) and after a complete reading of the Resolution, there was:a. motion by Director. Keith, seconded by Director Linkous, for adoption of the Resolution. A roll call was taken and the Resolution was sub- sequently adopted as herein described: .Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes -- None;. Absent - .Director Dailey - total 1. Next presented was Resolution No. 5,749, described as: . A RESOLUTION DESIGNATING A REPRESENTATIVE OF.'- -THE CITY OF-LITTLE ROCK TO MEET WITH REPRESENTATIVES OF ALL OTHER CITIES AND TOWN COUNCILS IN P.ULASKI COUNTY.FOR THE OF SELECTING A REPRESENTATIVE , ,PURPOSE TO THE PULASKI COUNTY EQUALIZATION BOARD; AND FOR OTHER PURPOSES;. (Designating Director A. M. "Sandy",-Keith -to represent:the City of.Little Rock) with the Resolution being read in its entirety.. A motion then followed from Director Castleman, seconded by Director Jones, that the Resolution be adopted. A roll call was taken and the Resolution V/ IL 427 1977, Cont'd. ed as herein recorded ;. Ayes_ -- Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, and Jones - total 6; Noes - None; Absent,- Director Dailey- total 1. idered at this time was Ordinance No. 13,302, entitled; RDINANCE AMENDING SECTION 21 -13 OF ARTICLE I OF CHAPTER'21.OF THE CODE OF ORDINANCES PERTAINING FFLICENSE E AND PRIVILEGE TAXES; AND -FOR OTHER PURPOSES; e f or violation to be'not less than $200.00 nor more than $500.00 for each parate violation; however, in no case shall the fine be in excess of double e amount of the.license fee provided, together with.costs.) Ordinance being read the first time. In a brief discussion regarding the provisions.for penalty, Director Jones made a motion that the Ordinance be amended to include "in no case shall the fine be in excess of double the amount of the-1 icense fee provided, together with costs." The motion was seconded by Director Linkous and unanimously adopted by voice vote'of the members of the Board of Directors present. The rules were then suspended and the-Ordinance, as amended, placed on its second reading by a motion from Director Keith, seconded by Director Castleman, and by unanimous vote of the.Board Members present being six in number and two - thirds or more of the.members of the Board of Directors - elect. There was a second reading of the Ordinance, as amended, and an ensuing motion from Director Keith, seconded by Director Linkous for a further suspension of-the rules to allow for the third and final reading of the Ordinance at this time. The motion was unanimously adopted by the Board Members present, being six in -� number and two- thirds or more.of.the members of the Board of Directors - elect; and the third and last reading of the Ordinance, as amended, followed. An Aye and No Vote was then taken on the passage of the Ordinance, with the resulting vote being:. Ayes - Director Keith, Mayor Mehlburger; Directors Linkous, Wellons, Castleman and -Jones - total 6; Noes - None; Absent - Director Dailey - total 1. - Therefore, the Ordinance, as amended, was declared.to have been PASSED. The last Resolution to be considered was.Resolution No. 5,750, with the following title: A RESOLUTION DIRECTING THE STAFF'OF THE CITY TO TAKE ACTION_TO CAUSE COMPLIANCE WITH THE PRIVILEGE LICENSE LAWS OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and after a complete reading of the.Resolution, there was a motion by Director Linkous that the Resolution be adopted. The motion was seconded by Director Jones and the Resolution-was-adopted by the following roll.call vote: Ayes - Director'Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. Under "Citizens Communications ", a citizen - spoke. to the Board of .Directors regarding the Police Department, who stated the.Department is far under - staffed and suggested that the new Police Chief be selected from within the Department. Mr. Robert McIntosh, a restaurant.owner . on Wright Avenue, expressed concern to the Board of Directors about the possible opening of a pool hall on'Wright Avenue between the "Ebony Club" and the Ritz Liquor Store. It was his opinion that it could create a problem for the neighborhood. Mayor Mehlburger requested that a Report and Zoning Map of the.area be prepared for review at the next Agenda Meeting on July 29th. Dr. Garman P. Freeman was the other person to speak and-he . requested that a copy of the Privilege License with proposed amendments be made available to him for study As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Castleman,_. seconded by. Director. Linkous, and unanimously adopted by the Board Members I present, the meeting was adjourned at 9:45 o'clock P. M. to meet again on Tuesday, July 5, 1977 at 7:30 o'clock P. M. ATTEST APPROVED. City Clerk Mayor - J Board-.of: Directors, Chamber , ... , ...._ ... _ . :., .Little Rock, Arkansas - July .% 1977 - ,7:30. P. M: . The Board of Directors of the City of Little -Rock, Arkansas „met..in regular session with Mayor' Mehlburger presiding and City Clerk -Jane Czech and the following,Directors present: Directors. :Keith, Dailey, Linkous, Wellons, Castleman and.•Jones_.= _total..6;: Absent,.- None, .- It was announced that a -, quorum - was-in attendance,,and the:_following,is _ an accounting.of the proceedings: .. _ - .._._ . ” . . . The Invocation was given by Director,Wellons.. .. ., . , _ , Presented first was. the Consent.Agenda,..consisting of -;the following items: . (a) The.Minutes of the previous,meeting_ held on,June 21, 1977.. (b) The Comparative - Statement of:Income Account-for-the Little.Rock Municipal;Water Works, for the month of May, 1977. (c) Resolution No. 5,751, entitled: A.RESOLUTION_AWARDING CONTRACTS.FOR DEMOLITION OF-,CONDEMNED STRUCTURES;.:COLOR.PRINT PROCESSOR; AND STORM DRAINAGE CONSTRUCTION; AUTHORIZING-PAYMENT; AND FOR OTHER PURPOSES;. (d) Resolution, No ._:5,752 „- described,.as: A RESOLUTION, - REPROGRAMMING AND REALLOCATING ;,COMMUNITY:,DEVELOPMENT ;BLOCK- GRANT FUNDS; AND FOR OTHER PURPOSES; By motion of Director Linkous; seconded by::Director,_Wellons,.and a,roll call vote -with all members, present voting Aye, the Consent Items were dispensed with -as „follows :,,(a) The Comparative Statement.. of Income Account was received and filed; (c) Resolution No,, 5,751•,was read in.full and adopted; and (d) Resolution No. 5,752, was read An -full, and adopted. An Appeal of the Planning Commission''s� denial on April 26, 1977 of Zoning Petition No. Z -3125, submitted by Attorney Jack-T. Lassiter, to rezone property;at2500 West 7th Street, from :'B” Residence. District to "F” Commercial District had been re- scheduled..for this time and place because proper notification to,the objectors within :200 feet of the property,of -:the Public Hearing set forJune.21, 1977, had not been complied with. Howaver,,.return- receipts of notification:;to opposing property owners of the re- scheduled public hearing were.:filed.wi•th .the.City,,Clerk, as required by Ordinance. Mayor Mehlburger declared the Public Hearing.to be open -and Attorney J.ack,T..,Lassiter-presented photographs of the property proposed for rezoning...:He explained that,.,the White Water Tavern,had been operated for, many years as a nonconforming .use,.;and the owners, now:.wish -to improve and expand the tavern, as well -as provide more parking space.. This_cannot.:be accomplished unless the property is zone properly., Several members of the Arkansas Community Organizations for Reform, Now (ACORN), were,present to oppose the.,. - proposed rezoning, and a resident- of:the_,area; Ms.; Moore, read a. prepared statement in which she complai ed of loud rock music; litter .and :traffic_problems caused by the establishment. She filed a petition of protest signed:by residents in;the area: .,A property owner residing.behind the tavern, advised.the Board of Directors that in his opinion, improvements .to..the.business::would "be good for the neighbor -. hood," After rebuttals -by the. proponents : and ,opponents;, Mayor '.Mehlburger declared the ;Public Hearing closed and a proposed Ordinance to rezone the subject property was placed on first reading. A proposed Ordinance was presented, entitled: AN.ORDINANCE RECLASSIFYING 2500 WEST 7TH STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY.OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance, followed by a motion from Director Wellons to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Keith, adopted by unanimous vote of the Board Members present,.being seven in number and two- thirds or more of the members of the.Board of Directors - elect; and the second reading of the Ordinance ensued. f J JULY 5 1977, Cont'd. The rules *were again suspended to allow for the third and final reading of the Ordinance by a subsequent motion, made and seconded by'Directors Keith and Dailey, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect.. There Iwas a third and last reading of the Ordinance, and the resulting Aye and No Vote taken on the passage of the Ordinance received the.following response: Ayes - None; Noes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons; Castleman and Jones - total 7; Absent - None. Accordingly, it was announced that the Ordinance had FAILED TO PASS.' An Appeal of the Planning Commission's denial on May 31,'1977 of Zoning Petition No. Z -3136, submitted by Mr. Bill Harrison, Special Assistant to the Executive Director of the Economic Opportunity Agency of Pulaski County, Inc., to rezone property.located at 1872 Scholler" Street, described as Lots 12 & 13, Hock 4, Moore & Penzel Addition, from "C" Two - family District to "D" Apartment District, had been set fo`r this time and place. Notification to the City Clerk was. made by Mr. Harrison, that there were no property owners who opposed the proposal. Mayor Mehlburger announced that the Public Hearing was open, but since there was no one present to speak either for or against the rezoning of the subject property, the Public Hearing was declared to be closed, and a proposed Ordinance to reclassify the property was placed on first reading. A proposed Ordinance was presentedt with the title being: AN ORDINANCE RECLASSIFYING 1872 SCHILLER STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE -CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and after the first reading of the Ordinance, it remained on the calendar for second.reading July 19, 1977. Director Linkous was.excused. Presented for consideration 'at'this time was Ordinance No,. 13,303, entitled: AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL. BLOCKS, LOTS AND PARCELS OF LAND WITHIN STREET IMPROVEMENT DISTRICT NO. 634.OF.LITTLE ROCK, ARKANSAS; (10th Street, 'Fair Park Boulevard to University Avenue - "estimated cost' of improvements is $950,000.00) which Ordinance was then read the first time. It was stated by the City Attorney that the Assessment List had been filed in.the Office of.the City Clerk on.June 10, 1977, and notice of the filing had been duly published on June 13,,1977 and June 20, 1977. With -no- further. discussion,.there was a motion by Director Wellons, seconded by Director Dailey, that the -rules be suspended to allow for, the second reading of the Ordinance. The motion was adopted by, unanimous, vote of the Board - Members present,. being six in number and two - thirds or more of the members of the -Board of Directors - elect; and the second reading of the Ordinance waa,accomplished. The rules were again suspended at this time and the Ordinan placed on its third and final reading.by.a motion made and seconded by Directors Keith and Dailey, respectively, and unanimously adopted by the,Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect. An Aye and No Vote was then taken on the passag of the Ordinance, with the resulting vote recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger,- Directors Wellons, Castleman And Jones - total 6; Noes —None; Absent - Director Linkous - total 1. The Ordinance was then declared PASSED. Director Linkous was re- enrolled. The next presentation was a Proposed Ordinance, ? containing the following title: AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF SECTION 15 -1 AND 15 -17.1 OF THE CODE OF ORDINANCES PERTAINING TO GARBAGE-COLLECTION AND LANDFILL DUMPING FEES; AND FOR OTHER'PURPOSES; and, after a first reading of the Ordinance, a discussion followed on the proposal'to increase fees. Director Linkous said he thought homeowners were paying too much for sanitation service in comparison to what commercial garbage haulers pay to dump at the City landfill, adding- that•the City was losing the most money in its arrangement with commercial haulers using the landfill, and that residents -were in effect "subsidizing" commercial users. The proposed increase for resid'ents"-is 60 cents;.'for M JULY 5, 1977, Cont'd. commercial users 10 cents per cubic yard for -noncompacted waste, and "40 cents per cubic yard for compacted waste. City Manager Carleton McMullin explained to the Board of Directors that increased sanitation fees would be needed to finance a new landfill and to cover operating costs, noting that without increased ' fees, the Sanitation Department will have a deficit of $146,000 this year. Director Linkous felt the increase would be "putting a regressive tax on residents and questioned the charge. With no further discussion, Director Castleman made a motion that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Wellons and adopted by voice vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect, with Director Dailey voting "No." The Ordinance was then read the second time. An ensuing motion was made by Director Keith, seconded by Director Wellons, respectively, to again suspend the rules and place the Ordinance on the third and final reading. A roll call was taken on the motion to suspend the rules and received the following response: Ayes - Directors Keith, Wellons, Castleman and Jones total 4; Noes = Director Dailey, Mayor Mehlburger and Director Linkous - total 3; Absent = None. Therefore, the proposed Ordinance was left on the calendar for third and final reading at a later date. Introduced at this time was Ordinance No. 13,304, entitled; AN ORDINANCE ADOPTING A HOUSING CODE, ESTABLISHING MINIMUM STANDARDS FOR HOUSING WITHIN THE CITY OF LITTLE ROCK, PROVIDING FOR THE ENFORCEMENT OF SAID STANDARDS, TO BE CODIFIED AS CHAPTER 9, ARTICLES I, II, III, IV, V AND VI OF THE CODE OF ORDINANCES; AND FOR OTHER PURPOSES; with the Ordinance being read the first time, followed by a motion from Director Wellons to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Linkous and adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the-members of the Board of Directors- elect; and a second reading of the Ordinance - ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made by Direct Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and last reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons Castleman and Jones total 6; Noes - Director Keith = total 1; Absent - None.- Whereupon, the Ordinance was declared PASSED. There was presented Resolution No. 5,753, described as: A RESOLUTION ESTABLISHING PRIORITIES ON PUBLIC WORK PROJECTS TO BE FUNDED THROUGH THE ECONOMIC DEVELOPMENT ADMINISTRATION PURSUANT TO THE FEDERAL PUBLIC WORKS ACT; AND FOR OTHER PURPOSES; (No. 1 - Pulaski County Juvenile Facilities; No. 2 - Animal Shelter; and No. 3 - Interstate Park Ballfield Complex) and there was a full reading of the Resolution. A brief discussion ensued in which Director Jones asked to go on record in support of the proposed Resolution, but not in support of the priorities as listed. At this point, Director. Keith made a motion to amend the Resolution "to request the Pulaski County Judge to demolish the old County Jail north of LaHarpe Boulevard, maintain and improve Ironton Road fiom_DiRo -n Road to the Little Rock Sanitary Landfill, and dedicate the necessary road right -of -way across the Count Penal Farm needed in the construction of the Pinnacle Mountain Parkway." The motion was seconded by Director Dailey and was adopted by the following roll call vote; Ayes - Directors Keith, Dailey, Wellon and Jones - total 4; Noes - Mayor Mehlburger, Directors Linkous. and Castleman - total 3; Absent - None. The Aye and No Vote was then taken on the adoption of the Resolution, as amended, with the result as follows: Ayes - Directors.Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Therefore, the Resolution, as amended, was adopted. The next item presented for consideration was Resolution No. 5,754, containing the following title: e JULY 5 1977, Cont.'d. A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND THE ARKANSAS_STATE BOARD OF FINANCE FOR FINANCIAL ASSISTANCE IN CONSTRUCTION OF TOURIST MEETING AND ENTERTAINMENT FACILITIES PURSUANT TO THE PROVISIONS OF ACT 763, ACTS OF ARKANSAS OF 1977; AND FOR OTHER PURPOSES; (Re: Megaplex) with the Resolution being read in its entirety. A motion was then made by Director Wellons, seconded by Director Keith, which resulted in the adoption of the Resolution by the following roll call vote: Ayes Directors Keith,'. Dailey, Mayor Mehlburger, Directors,Linkous, Wellons, Castleman and Jones'-'total 7; Noes'- None> Absent - None. Presented next was Resolution No. 5,755, which did not contain an official title. 'It 'authorized the Mayor and City Clerk to execute deeds for exchange of property between the Little Rock Municipal Water Works and the United States Government. The Little Rock Municipal Water Works and the Secretary of Agriculture and his authorized representatives'in the National,Forest Service have negotiated an exchange of land6'which will result in the City owning A more contiguous'parcel of,lands under the surface of Lake Winona in Saline County, and the United States holding.a more contiguous parcel of lands surrounding the lands owned by the City,.,. With there being•a full reading of the Resolution, a motion was made by Director Keithy seconded by Director Linkous, that the Resolution be adopted. The question of the adoption of the Resolution .was _ submitted to a roll call vote', and it'was - adopted as herein recorded: Ayes - Directors.Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castle- man and Jones - total 7; Noes.- None; Absent - None. A proposed Resolution had been placed`on the Agenda to select engineers for the Third'Year Development Block Grant Projects, however-it' was not considered and action delayed until "July 19, 1977. In connection with the subject, Mr. James Hatcher, an architect, expressed appreciation to the'Board of Directors for drawing names of firms in previous selections. He stated that he would like to see the City establish a selection procedure and volunteered his services to assist in the working out of a system. In a matter not appearing on the Official Agenda, Mayor Mehlburger presented a letter concerning the .Falcon -Jet Project, requesting the authorization of an agreement between American Falcon Service, Inc.; The City of Little Rock, and Worthen Bank and Trust Company, which would provide the possible interim financing of the construction by American Falcon out of its own internal funds with Worthen Bank providing permanent financing upon completion of the construction of1the project on the date of such completion or on February 1, 1978, whichever shall first occur. Director Wellons made a motion "to authorize the execution of an agreement to provide interim financing for the Falcon -Jet Project." The motion was seconded by Director Jones and was ADOPTED by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Another Resolution, No. 5,756, was presented that was not placed on the Official Agenda, with the title being: A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE BILL OF ASSURANCE FOR THE LITTLE ROCK PORT INDUSTRIAL PARK AND AUTHORIZING A NEW BILL OF ASSURANCE FOR TRACT "A ", AREA 204 OF THE LITTLE ROCK PORT INDUSTRIAL PARK; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. Mayor Mehlburger-requested that in'the future, when a matter is presented for consideration after the Agenda Meeting, that a letter "of explanation be attached to the Resolution or Ordinance, or a spokesman be present to explain the subject. A motion then followed from Director Wellons, seconded by Director Keith, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger Directors Linkous, Wellons, Castleman and Jones - total 7; Noes'- None; Absent - None. At this point in the meeting, Mayor Mehlburger,announced that the Board would make appointments to various Boards and Commissions and that an Executive Session would be necessary to discuss these JULY 5, 1977, Cont'd. appointments. Accordingly, the Board recessed at 9:15 o'clock P. M. to meet in the.Board of Directors' Conference Room. Board.of Directors Chamber Little Rock, Arkansas. - July 5; 1977.- 10 :20 P. M. The Board of Directors of-the City of Little Rock, Arkansas reconvened from 9 :15 o'clock P...M., with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors answering roll call: Directors Keith, Dailey, Wellons,,Castleman.and Jones,- total 5; Absent -Director Linkous - total 1. Presented last was Resolution No., 5,757, described as...: . A RESGI70N MAKING APPOINTMENTS; AND FOR OTHER PURPOSES.; (Making appointments.to. the Board of Trustees of the Arkansas .Arts Center; the Building Code Board of Appeals; the Sign Code Board of Review; the Oakland /Fraternal Cemetery Board; and the Little Rock Port.Authority) with the Resolution being read in its entirety.and subsequently adopted by.a motion made by Director. Dailey, seconded.by Director Wellons, and by the..following roll call vo.te: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman,arid,.Jones.- total „6; Noes - .None; .,Absent - Director Linkous - total 1.: . As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Dailey,.and by unanimous vote of-the Board Members present the meeting was adjourned at 10:30 o'clock P. M..to.meet,again.in regular session on Tuesday, July 19, 1977 at 7:30 o'clock P—M. ATTEST: V__a 16ciz City Clerk 0 APPROVED: Ilk Mayor . • L433 Board of Directors Chamber Little Rock, Arkansas ' July 19, 1977 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - .None. A quorum was declared to be present, and the meeting then proceeded as herein recorded: The Invocation was given by Director Linkous. The Consent Agenda was presented first, and consisted of the following items: . (a) The Minutes of the previous meeting held on.July_5, 1977. (b) The 1976 Annual Report of the Little Rock Municipal Water Works. (c) Resolution No. 5,758, entitled: A RESOLUTION.AWARDING CONTRACTS FOR OFFICE FURNITURE; EQUIPMENT FOR THE SANITARY LANDFILL; COMMUNICATION EQUIPMENT; AND A DIESEL TRACTOR WITH.BACKHOE AND LOADER; ' AUTHORIZING PAYMENT; AND FOR_OTHER PURPOSES; By motion of Director Keith, seconded by Director Dailey, and a roll call vote with all members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors; (b) The 1976 Annual Report of the Municipal Water Works was received and filed; and (c) Resolution No. 5,•758 was read in.full and adopted. Presented at this time was Ordinance No. 13,305, with the title being: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR THE PURCHASE OF CERTAIN REAL PROPERTY IN THE CITY OF LITTLE ROCK OWNED BY COMMONWEALTH FEDERAL SAVINGS AND LOAN ASSOCIATION SITUATED IN BLOCK 103, ORIGINAL CITY, TO BE USED IN PROVIDING TOURIST MEETING AND ENTERTAINMENT FACILITIES; AND FOR OTHER PURPOSES; (Re: "Megaplex ") which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Wellons, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Director Dailey, seconded by Director Keith, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The question of the passage of the Ordinance was at this time submitted to an Aye and No vote, which resulted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. i The Ordinance was therefore, declared PASSED. Ordinance No. 13,306 was next presented, entitled: AN ORDINANCE CONDEMNING CERTAIN PARCELS OF REAL PROPERTY WITHIN THE CITY OF LITTLE ROCK, ARKANSAS FOR A PUBLIC PURPOSE; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS; AND FOR OTHER PURPOSES; (Southwest corner of Broadway and Capitol Avenue, described as the North 25 feet of Lot 9, and all of Lots 10, 11 and 12, Block 116, Original City of Little Rock - -- -For the "Megaplex" Convention Center) and there was a first reading of the Ordinance. A motion was then made by Director Wellons, seconded by Director Keith, for a suspension of the rules to provide for the second reading of the Ordinance; which motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, there was a subsequent motion by Director Dailey, seconded by Director Linkous, that the rules again be suspende JULY 19, 1977, Contd. and the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, and the Ordinance was read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent None. It was announced that the Ordinance had PASSED. Ordinance No. 13,307 was presented, described as: AN ORDINANCE AUTHORIZING THE ISSUANCE OF TEMPORARY TOURISM REVENUE BONDS: PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (For: "Megaplex" Convention Center Project) and after a first reading of the Ordinance, there was a motion from Director Keith, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on its second reading. The motion received unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance followed. There was an ensuing motion then made and seconded by Directors Linkous and Keith, respectively, for a further suspension of the rules to provide for the third and final reading of the Ordinance; which motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, the resulting I Aye and No Vote taken on the passage.of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 26 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was therefore, announced that the Ordinance, together with the Emergency Section, had been PASSED. The following Zoning Petitions were presented next: Z- 2106 -D - From John A. Castin, for Bob McKee of Westpark Development Company to rezone the 2000 Block North on River Front Drive (see petition for lengthy description) from Various Zones to "D" Apartment District and "F" Commercial District, approved by the Planning Commission on June 28, 1977. Z- 3139 - From Euell Paul, Sr., to rezone 8625 Asher Avenue (see petition for long legal descript from "C" Two - family District to "F "Commercial District, as approved by the Planning Commission on June 28, 1977. Z- 3127 -A - From the Arkansas Children's Hospital to rezone 804 Wolfe Street (lengthy legal . description) from Various Zones to "E -1" Quiet Business District, and having received the approval of the Planning Commission on June 28, 1977. Z -3121 - From Ronnie D. Hall of Garver & Garver, Inc. for United Artists Theatre Circuits, Inc., t rezone the south side of the 6200 Block of-,Asher Avenue (lengthy legal description) from Various Zones to "I" Light Industrial District, also approved by the Planning Commission on March 29, 1977. As the foregoing Petitions had received the approval of the Planning Commission and there was no one present in opposition to the proposed rezoning, an Ordinance to reclassify these properties was placed on first reading. (See Ordinance No. 13,308, as follows) Ordinance No. 13,308 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE-ROCK, ARKANSAS; AND FOR OTHER PURPOSES; which Ordinance was read the first time. The rules were then suspended to allow for the second reading , of the Ordinance by a motion made by Director Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Directolill Linkous, again seconded by Director Dailey, to further suspend the rules and place the Ordinance . on its 1 JULY 19, 1977, Cont'd. third and final reading. The motion was adopted'by unanimous.vote of the Board Members present, being seven in number and two - thirds or more of the, members of.,the Board of Directors - elect; and the Ordinance was then read the third and last time. The question of the passage of the Ordinance was at this time submitted to an Aye and No Vote, which resulted as follows: Ayes - .Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - .None; Absent.- None. Whereupon, the Ordinance was declared PASSED. Zoning Petition No. Z -3128 from Ronald S. McMinn, Agent for Charles Sloan was introduced. The petition contained a request for the rezoning of. property located at-8213-Asher Avenue, described as Lot 3, Block 6, Pike Addition to the City of Little Rock, Arkansas, from "A" One- family District to "E -1" Quiet Business District, as approved by the Planning Commission on June 28, 1977. At this point, Director Keith reminded Board Members of the need for five feet additional right -of- way for the improve- ment and widening of.Asher Avenue and requested the petitioner to make this dedication. Director Wellon agreed that the right -of -way is needed, but felt it could not be legally obtained in conjunction with rezoning of proper.ty. (See Proposed Ordinance, as follows) There was presented a proposed Ordinance, containing the following title: a; AN ORDINANCE RECLASSIFYING.,8213 ASHER AVENUE IN THE CITY OF LITTLE.ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was made by�Director Linkous to suspend the - rules and place the Ordinance on second reading, which motion was-seconded by Director Dailey.. A roll call was taken on the suspension of the rules with the results recorded as follows: .Ayes •- Directors Dailey, Dailey, Linkous and Wellons - total 3; Noes - Director Keith, Mayor Mehlburger, Directors Castleman and Jones - total 4; Absent - None.. Therefore, the proposed Ordinance remained on the calendar for second reading on August 2, 1977. The next matter to -be considered was Zoning Petition No. Z- 3142-, from Wayne W. Owen, Agent for Travis Moore, requesting the reclassification from "F" Commercial District to- "I" Light Industrial District of property located at 3200 Arch - Street, described as Lots-15, 16,.17 &'18, Block 2, Twen Cen Addition to the City of Little Rock, Arkansas, as approved by the Planning Commission on June 28, 1977. A brief discussion ensued in which the Board Members were advised that these.four lots had been used in the past as a non- conforming use. Mr. Nathaniel Griffin, Director-of Comprehensive.Planning advised the Board that the Staff had recommended denial of the request because the area had been upgraded with residential improvements increasing under the Community Development Block Grant Program. Mrs. Lucy Abraham, a member of the.Little Rock Planning Commission was present and stated the neighbors did not object to the zoning change and felt it_would improve the area, adding there were.no objectors present at the Planning Commission. -(See Ordinance No. 13,309 below) Ordinance No. 13,309 was presented, described as: - AN ORDINANCE RECLASSIFYING 3200 ARCH STREET IN THE.CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with said Ordinance being read the first-time. There was a motion which followed from Director Wellons, seconded by Director Castleman, to suspend the rules to provide for the second reading of the Ordinance; with the motion being unanimously adopted.by..the Board Members present, being seven.in number and two - thirds or more of the members of the Board.of Directors-elect., There was a second reading of the Ordinance;'after which there was, -a subsequent motion by Director.Linkous, seconded by Director Dailey,f, to again. suspend the rules and place the Ordinance on its third and final reading.. The'motion was adopted by unanimous vote of the Board Members present, being.seven in number and two - thirds or more of the members of the Board of Directors- elect; and the Ordinance -was then read.the_ third and last time. An Aye and No Vote was taken on -the passage of the Ordinance, and-the resulting -vote is described as follows: -Ayes - .Directors,Keith,- Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes —Director Jones - total 1; r Absent - ..None. It was announced that-the- Ordinance had P ON JULY 19, 1977, Cont'd. Presented at this time was Zoning Petition No. Z -3143, submitted by Eugene J. Mazzanti, Agent for the A. Metrailer Estate, requesting the rezoning of property located on the S/E Corner of I -630 at Fair Park Boulevard (see petition for lengthy legal description) from "E" Apartment District to "E -1" Quiet Business District. The Petition was approved by the Planning Commission on June 28, 1977. A discussion followed in which the need for 10 feet additional right -of -way was pointed out. Mr. Don R. Venhaus, Consultant for the petitioner was present and advised that the Dedication Deed for this right -of -way had been filed with the City Clerk and would be filed of record in the Office of the Pulaski County Circuit Clerk. Mr. Venhaus voiced his strong objection-to obtaining right- of- way.by this-procedure. There was no further discussion and the Ordinance to rezone the subject property was placed on first reading. (See Ordinance No. 13,310, below) Ordinance No. 13,310 was then presented, containing the following. title:: AN ORDINANCE RECLASSIFYING THE SOUTHEAST CORNER OF I -630 AT FAIR PARK BOULEVARD IN THE CITY OF LITTMJ111- =i;!= ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by a motion made and seconded by Directors Dailey and Keith, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. A second reading of the Ordinance ensued; after which there was a motion by Director Wellons, seconded by Director Keith, that the rules again be suspended to allow for the third and final reading of the Ordinance at this time. The motion was adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith; Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - 'total 7; Noes - None; Absent - None.- The Ordinance-was then declared PASSED. The next Zoning Petition No. Z- 3021 -B was presented, having been submitted by Mr. W. B. Putnam, Agent for Elenora Keller and Margaret Henry, the petitioners. The Petition requested the rezoning of the 900 Block of the East Side of John Barrow Road, from "A" One- family and "E -1 -A" Nursing, Lodging and Undertaking Districts to "F" Commercial and "E -1" Quiet Business Districts, which was approved by the Planning Commission on March 29, 1977. Upon question by Director Castleman, Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that Barrow Road would have five traffic lanes to handle 18,000 cars, with commercial clusters at intersections. He further advised Director Jones there would only be one egress to the property. There were no objectors present and with no further discussion,. an Ordinance to reclassify the subject property was placed on first reading. (See Ordinance No. 13,311 below) There was presented Ordinance No. 13,311, with the title being: AN ORDINANCE RECLASSIFYING THE 900 BLOCK OF BARROW ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF.THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. A- motion was then made by Director Wellons that the rules be suspended and the Ordinance be placed on its second reading; with the motion being seconded by Director Keith, and adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. After a second reading of the Ordinance, there was a further suspension of the rules to provide for the third and ' final reading of the Ordinance at this time by motion of Director Keith, seconded by Director Dailey, which was unanimously adopted by.members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in an Aye and No Vote taken on the passage of the Ordinance which is 43'7 JULY 19, 1977, Cont'd. recorded herein as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Zoning Petition No. Z- 2943 -A was the last zoning matter to be considered. The petition was sub- mitted by Mr. William L, Terry, Attorney and Agent for The First National Bank of Little Rock, Arkansas, requesting reclassification of the 1700 Block south on West Park Drive in the City of Little. Rock, from "MF 24" Multi- family District to "H" Business, District. The petition received the approval of the Planning Commission on May 31, 1977. A brief discussion ensued in which Mr.- William L. Terry advised that the street in the - proposed development will not extend to Boyle Park Road and that-the school and tennis courts are one -half mile from the property requested for reclassification, adding that there were no objectors to the proposal.. Mrs. Lucy Abraham, a member of the-Little Rock Planning Commission commentld that the school and tennis courts would not be "choked" by the development 'of the property.. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that the Staff had recommended denial of the request taking the position that there is enough industrial zoned land'in the area to the north and west. There was no further discussion and an Ordinance to reclassify the subject property was.placed on.first reading. (See Ordinance No. 13,312 as follows) Ordinance No. 13,312 was presented, entitled: AN ORDINANCE RECLASSIFYING THE 1700 BLOCK SOUTH ON WESTPARK DRIVE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Keith, seconded by Director .,Wellons, and by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more_of. the members of the Board of Directors - elect. Upon second reading of the Ordinance,-there was a subsequent motion by Directo Linkous, seconded by Director Dailey ,that the rules again be suspended and the Ordinance be placed on third . and final reading. The motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors- elect; whereupon, the Ordinance was then.read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as "herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, ' Directors Linkous, Wellons and Jones - total 6; Noes - Director Castleman - total 1; Absent•- None. Therefore, the Ordinance was declared PASSED. A Public Hearing had been scheduled for this time and place to hear arguments on the Petition from the Immanuel Baptist Church to vacate and close Bishop.Street, from 10th Street to 11th Street in the City of Little Rock, As Notice of Hearing had been duly published on July 1, 1977 and July 8, 1977, as required by Law, Mayor Mehlburger declared the Public Hearing to be open. The Fire Department had suggested that this .street closure would cause problems.with,,.fire protection and access. -to the general L area, and the Utility Companies_ desire that street right- of =way be retained as an easement if the public access is abandoned. The Associate Pastor of Immanuel Baptist Church was present and advised that the purpose of the request was for landscaping and that access to the street would-not be ,closed to Fire Trucks and Utilities. He agreed to prepare a'sketch of the landscape project and present to-the Staff for,review. There was no further discussiori and Mayor Mehlburger declared the Public Hearing closed, and an Ordinance to close a portioft.of Bishop Street was placed on_first reading. (See proposed ' Ordinance as follows) A proposed Ordinance was presented, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING BISHOP STREET BETWEEN 10TH STREET.ANb 11TH STREET, IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; II �� 7V/ JULY 19. 1977. Cont'd. and the Ordinance was read the first time. There was no motion to suspend the rules-and place the proposed Ordinance on second reading, therefore it remained on the calendar for second reading on August 2, 1977. The next matter to be considered was the Petition of Hush Puppy, Inc. requesting the vacating and closing of that portion of Blunt Street lying between.Blocks 1 and 4, Oak Park Addition to the City of Little Rock, Arkansas; that portion of 39th Street lying between Blocks 1 and 2, Oak Park Addition to the City of Little Rock, Arkansas; and that portion of Leymer Street lying East of Blocks 1 and 2, Oak Park Addition to the City of Little Rock, Arkansas, which petition was approved by the Planning Commission. Documents included with the Petition were a letter from Beach Abstract and Guaranty Company certifying to the last apparent owners of record of the property abutting the portions of the streets to be closed, and a certified copy of the plat of Oak Park Addition to the City of Little Rock, as recorded in the office of the Pulaski County Circuit Clerk. (See Resolution No. 5,759 as follows, which sets the date of Public Hearing for 7:30 o'clock P. M., Tuesday, August 16, 1977.) Resolution No. 5, +759 was then considered, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS TO VACATE STREETS IN BLOCKS 1, 2 AND 4, OAK PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Resolution was read in full. A motion was made by Director Linkous,- seconded by Director for adoption of the Resolution and subsequently to a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. At this time, a Report from the Commissioners of Riverdale Levee Improvement District No. 134 of Little Rock, Arkansas, was presented in which the Commissioners have determined that the district by the issuance of refunding bonds for the purpose of refunding its outstanding 1974 improvement bonds can realize a substantial savings in debt service, reduce the interest payable on the outstanding indebted- ness,-and reduce the annual collection of the assessment of benefits from 5% to 4.85% per annum, result- ing in an annual savings to the property owners of $1,719.00, or a total of $52,104.00 over the life of the bonds, all of which will be to the best interest of the district and its property owners. The Report contained the request that the Board of Directors amend Ordinance No. 12,964 in order to accomplish this reduction. The Report was received and filed and a proposed Ordinance to amend Ordinance No. 12,964 was placed on first reading. (See Ordinance No. 13,313 as follows) There was presented Ordinance No. 13,313, containing the following title: AN ORDINANCE AMENDING ORDINANCE NO. 12,964 OF THE CITY OF LITTLE ROCK, ARKANSAS, REDUCING THE ANNUAL COLLECTION OF THE ASSESSMENT OF BENEFITS ON THE SEVERAL LOTS, BLOCKS, AND PARCELS OF LAND WITHIN RIVER- DALE LEVEE IMPROVEMENT DISTRICT NO. 134 OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the-first time, followed by a motion from Director Wellons to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and second- ed by Directors Dailey and Wellons, respectively, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. Following the third and last .reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Resolution No. 5,760 was then presented, and described as: A RESOLUTION PROVIDING FOR MODIFICATIONS TO THE COMPREHENSIVE EMPLOYMENT TRAINING ACT 1977 BUDGET; 1 hI' I� 439 JULY 19, 1977, Cont'd. which Resolution was read in full; and thereafter adopted upon motion of- Director Linkous,.seconded by Director Dailey, and by the following roll call vote; Ayes-- Director Keith, Dailey, Mayor-Mehlburger, ' Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. _ .. The next item presented was Ordinance No. 13,314, entitled: AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF SECTION 15 -1 AND 15 -17.1 OF THE CODE OF ORDINANCES PERTAINING TO.GARBAGE COLLECTION AND LANDFILL DUMPING FEES; AND FOR OTHER-PURPOSES; (Re; .Increasing fees) - and the Ordinance was read the third and last .time, having been read the.first and second times on July 5, 1977. An Aye and No Vote was then taken on the question of the passage-of.the Ordinance, with the results described as follows: Ayes .- Directors Keith, Dailey, Mayor.Mehlburger, Directors Linkous, Wellons, Castleman and Jones .- total 7; Noes - None; Absent - None. Whereupon, the Ordinance'was declared PASSED. Introduced at this time was Ordinance No. 13,315, with the title being: AN ORDINANCE AMENDING ORDINANCE #12,0.77 ESTABLISHING A MASTER STREET PLAN FOR_THE.CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Extension of Bowman Road north of Markham Street across.Maralynn Road) with there being a first reading of the Ordinance. A motion followed from Director Dailey, seconded by Director Keith, for a suspension of the -rules and the placing of .the Ordinance on second reading; with . the motion being unanimously adopted by members of the Board of Directors..present., being seven in . number and two- thirds or more of the members of.the Board of Directors - elect. The Ordinance was then. read the second time, with an ensuing motion then.made by Director Keith to again suspend the rules and place the Ordinance on its third and final reading.- Director Dailey seconded the motion, which was then adopted by unanimous vote of the members of the Board of.Directors present,_being seven in number and two - thirds or more of the members of the Board of Directors-elect. There was a third and last reading of.the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance:. Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones total 7; Noes - None; Absent - None. The Ordinance was therefore, declared to have been'PASSED. ' Resolution No. 5;761 was presented,�described as: ..A RESOLUTION ACCEPTING SURVEY OF MAX A. MEHLBURGER MEMORIAL MARKERS; AND FOR.OTHER PURPOSES; ..- with the Resolution being read in its entirety, and.thereafter adopted upon: motion of Director Dailey., seconded by Director Keith,.an& by�the following roll call vote; Ayes - Directors Keith, Dailey, Mayor Mehlburger,.Directors Linkous, Wellons, Castleman and Jones - total -7; .Noes - None; Absent - None. Presented for consideration at this.point was Resolution No-. 5,762, containing the following title: A RESOLUTION SELECTING. & EMPLOYING ENGINEERS FOR.THIRD.YEAR.COMMUNITY DEVELOPMENT..BLOCK GRANT PROJECTS; AND FOR OTHER PURPOSES; (Project.I -- Hodges,-Vines, Fox & Castin; Project II - Blaylock ,,Threet.and.Associates.; and.. Project III - Garver & Garver) with the Resolution being read in full. There was a motion then made by Director Linkous, seconded by Director Castleman, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Next presented was Resolution No. 5,763, with the title being: ' A RESOLUTION RENEWING THE WRECKER SERVICE FRANCHISE FOR WRECKER SERVICE WITHIN THE CITY OF LITTLE ROCK; PROVIDING FOR CHANGE IN-RATES; AND FOR OTHER PURPOSES; (Granted to Trek Wrecker Service, Barber Street Exxon, and Penny's Wrecker Service) with a full reading of the Resolution following. There was a motion then made.by Director Linkous, seconded by Director Dailey, which resulted in a roll call vote and the Resolution was adopted as herein I I � JULY 19, 1977, Cont'd. recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman.and Jones - total 7; Noes - None; Absent - None. Introduced at this time was Resolution No. 5,764, entitled: ' A RESOLUTION PERTAINING TO THE TENNENBAUM BUILDING; AND FOR OTHER PURPOSES; (Housing Authority requested to determine feasibility of selling the building) and there was a full reading of the Resolution. Mr. Cliff Giles, Executive Director of the Little Rock Housing Authority, advised the Board of Directors that his Staff would meet with the Developers proposing to develop the Tennenbaum Project, which is located in the Central Little Rock Urban Renewal Project, relative to the appraisal.of the land and-buildings, and then would request the Board of Directors to consider an amendment to the Cooperation Agreement between the City of Little Rock and the Housing Authority. Director Wellons then made a motion that the Resolution be adopted, and the motion was seconded by Director Jones, and the following roll call was taken-which adopted the Resolution; Ayes - Directors Keith, Dailry, Mayor.Mehlburger, Directors Linkous., Wellons, Castleman and Jones - total 7; Noes - None;. Absent - None. Ordinance No. 13,316 was presented, with the title being: AN ORDINANCE AMENDING IN PART SECTION(43 -21 OF THE CODE OF ORDINANCES PERTAINING TO OFF- STREET , PARKING AND LOADING SPACES; AND FOR OTHER PURPOSES; (Re: Landscaping requirements) and the Ordinance was read the first time. Director Linkous advised that he.could not support the six months compliance provision and made a motion to amend the Ordinance that "compliance with these provisions may be postponed for not more than one - year, -and the owner or developer post a cash bond in favor of the City in an amount equal to the estimated cost of the postponed.improvements." The motion was seconded by- Director Wellons and was adopted by unanimous voice vote of.the Board Members present. Director Castleman then made a motion that the rules be suspended and the Ordinance, as amended, be placed on second reading, which motion was seconded by Director Wellons-and submitted to the following roll call vote:: Ayes - Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 5; Noes - Directors Keith and Dailey - total 2; Absent - None. Accordingly, the Ordinance, as amended, was read the second time and a subsequent motion followed by Director Linkous, seconded by Director Jones, that the Ordinance, as amended, be placed.on third and final reading. A roll call was.again taken on the suspension of the rules with the results recorded as follows: Ayes — Mayor Mehlburger, ' Directors Linkous, Wellons, Castleman and Jones - total 5; Noes - Directors Keith and Dailey - total 2; Absent - None. The Ordinance was then read the third and last time, as amended, followed by an Aye and No vote on the passage of the Ordinance, with the response being: Ayes -- Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - Director Keith - total 1; Absent - None. It was announced that the Ordinance,.as amended, had been PASSED. ' The next item presented was Resolution No. 5,765, entitled: A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A PETITION ON BEHALF OF THE CITY OF LITTLE ROCK AS A PROPERTY OWNER IN THE FORMATION OF THE LITTLE ROCK HISTORIC DISTRICT; AND FOR OTHER PURPOSES; which Resoluution was read in full.. Upon motion of Director Castleman, seconded by Director Wellons, a roll call was taken whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; -Noes - None; Absent - None There was presented Ordinance No. 13,317, entitled: IIII I AN ORDINANCE AMENDING ORDINANCE NO. 13,266 SETTING A MORATORIUM ON DEMOLITION PERMITS WITHIN THE WORKING BOUNDARY OF THE LITTLE ROCK HISTORIC DISTRICT; AND FOR OTHER PURPOSES; (Moratorium shall terminate upon final establishment of the Historic District or on September 1, 1977, whichever shall first occur) with the Ordinance being read the first time. A brief discussion ensued regar.ding the progress of the V/ L441� _AL� JULY 19, 1977, Cont'd. i i formation of.the Historic..District,.and Director Jones made,a motion to amend the Ordinance "to- provide that no demolition permit be issued to any owner, agent, or contractor to demolish any architecturally ' significant structure designated Priority 1 and Priority 2 on a survey made by the Little Rock Historic District. Commission." .The. motion was: seconded by Director-.Castleman and was adopted by unanimous voice vote of the Members of the Board of Directors present. There was a subsequent motion by Director Jones that the rules be suspended and the Ordinance, as amended, be placed on second reading, which motion was seconded by Director Keith and adopted by unanimous vote of the Board Members present, being seven in number and two= thirds�or more of the members of the Board. of Directors - elect; and a second.reading'of the Ordinance ensued.. The rules were again %suspended and the Ordinance, as amended, placed on its third and final reading by a motion made and seconded by Directors Keith and Jones, respectively, and un- animously adopted by the Board Members present, being seven -in number and two- thirds or more of the members of the Board of_Directors- elect. Following the third and last reading of the Ordinance, there was an Aye and No Vote taken-on the passage of the Ordinance which resulted as herein recorded:. Ayes' - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - .total 6; Noes - Director Linkous - total 1; Absent - None.. The Ordinance was then declared PASSED. Presented for consideration at this time was a proposed Resolution,.described as: - ' A RESOLUTION OF THE BOARD OF DIRECTORS DECLARING THAT ALL MEETINGS BY THE .BOARD OF DIRECTORS SHALL BE HELD IN OPEN FORUM; AND FOR OTHER PURPOSES; which Resolution was read in full. A discussion followed in which the Directors expressed their opinion on the above subject. Director - Castleman said the problem-is the Board's failure to follow the Statutes, and if followed, there would be no need for open meetings. Director Wellons felt that personnel problem and appointments to boards and commissions should be discussed in executive session, with Director- - Keith agreeing. Director Linkous said the guidelines established by the state"s.Freedom of Information Act are adequate and provide executive sessions for reasons stated =by Director - Wellons. Director Jones voiced her support of the Resolution. Following the discussion, a motion was made by Director 'Castle- man, seconded by Director Jones, that the Resolution be- adopted. .In -the ensuing roll -call vote, the Resolution FAILED of adoption as follows: Ayes.- Directors Castleman and Jones - total 2; Noes - Directors.Keith, Dailey, Mayor Mehlburger, Directors Linkous and wellons - total 5; ..Absent - None. The next presentation was Resolution No. 5;766,-entitled: - ' A RESOLUTION MAKING AN APPOINTMENT TO THE CENTRAL CRIMINAL JUSTICE PLANNING COUNCIL; AND FOR OTHER PURPOSES; (Mr. Billy "Mike" Castleman appointed) and the Resolution was read -in its entirety. A motion was then made by Director Keith and seconded by Director Dailey, which led to adoption of the Resolution by..the following roll-call vote: Ayes,- Directo s i Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and'Jones - total 7;. Noes - None; Absent - None. The last-matter to be considered was Resolution No. 5,767, which did not appear on the Official Agenda, entitled:. A RESOLUTION REALLOCATING UNEXPENDED TITLE III FUNDS RECEIVED THROUGH.THE COMPREHENSIVE EMPLOYMENT TRAINING ACT OF 1973; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, there was a motion by Director Keith that the Resolution be adopted. The motion was seconded by Director Wellons and the Resolution was adopted by the following ' roll call vote: Ayes - Directors Keith, !Dailey, Mayor Mehlburger, Directors Linkous, Wellons,-Castle- man'and Jones - total 7; Noes - None; Absent — None. Mr. Willard Johnson was.-the only person to speak under "Citizens Communications." He advised the Board that the new-traffic light at 36th-and Asher Avenue.is - working well „and expressed appreciation to the Board for this badly needed traffic signal. III 442 77, Cont'd. i re was no further business to be presented or to come before the Board of Directors, upon irector Keith, seconded by.Director Wellons, and unanimously adopted by the Board Members Fo'clock meeting was recessed av 9:40 o'clock P..M, to reconvene on Wednesday, July 27, 1977 at , P. M. for the.opening of bids on the sale of $15,000,000 City of Little Rock General Bonds. ATTEST; �- _ _ APPROVED: (/ City Clerk Mayor Board of Directors Chamber ceedings: Mayor Mehlburger then announced that this was the time and place for the opening of sealed bids on the proposed sale of $15,000,000.00 City of Little Rock General Obligation Improvement Bonds, subject to the provisions set forth and included in the Notice of Sale which was duly published on July 2, 1977, Jul; 9, 1977 and July 16, 1977. Eight bids were submitted and as there were no additional bids to be presente at this time, Mayor Mehlburger declared that the time for the filing of bids was closed and subsequently requested that Mr. E. Jack Murphy, Director of Finance, proceed with the opening and reading of said bids Directors Castleman and Jones were enrolled. The eight bids received for General Obligation Improvement Bonds of the City of Little Rock, ' in the amount of $15,000,000.00 were opened and are described as follows: Net Interest Average Cost Interest Rate Weeden & Co., Inc. $ 10,613,532.75 4.97389 Merrill Lynch`, Pierce, Fenner,& Smith, Inc. 9,951,435.60 4.6636 Citibank, N. A. and Associates 10,901,300.00 5.1087 The Chase Manhattan Bank, N. A., and Associates 10,424,311.25 4.8852 Bank of America N. T..& S. A. 10,849,726.05 5.0845 The First National Bank of Chicago and Associates 10,524,550.41 4.932188 Continental Illinois National Bank and Trust Company of Chicago 10,377,673.00 4.863356 Stephens Inc. 9,866,286.25 4.623702 Upon completion of the opening and reading of the bids, and the acknowledgment that the foregoing bids did conform with the Notice of Sale, the Board of Directors recessed at 2:10 o'clock P. M. to allow ' Mr. Murphy to verify the interest rate of the low bidder. After a brief interval, the meeting resumed with the City Clerk calling the roll with Mayor Mehlburger presiding and the following Directors present: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent - Director Wellons - total 1. An announcement was made by Mr. Murphy that he had received the required verification and Mayor Mehlbur- ger then declared that the Bid of Stephens Inc., had been accepted at the average interest rate of 4.623702 per cent for the $15,000,000.00 City of Little Rock Improvement Bonds. Resolution No. 5,768 was then presented, with the title being: A RESOLUTION AWARDING TO PURCHASERS THE.CITY OF LITTLE ROCK, ARKANSAS GENERAL OBLIGATION IMPROVEMENT BONDS DATED FEBRUARY 1, 1977 IN THE PRINCIPAL AMOUNT OF $15,000,000. with the Resolution being._readin full. Director Linkous made a motion at this time that the Resolution be adopted, which motion was seconded by Director Dailey. The ensuing roll call vote then adopted the Resolution as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. ' At this point, Director Linkous made a motion that the meeting be recessed until 2:30 P. M., to consider the matter of demolition of a building. The motion was seconded by Director'Jones and was un- animously adopted by the Board Members present. Board of Directors Chamber Little Rock. Arkansas 3� Little Rock, Arkansas . July 27, 1977 - 2:_00 P. M.- ' ' The Board of Directors of the City of Little .Rock, Arkansas met in reconvened.session, from July 19, 1977 with.Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey and Linkous - total 3; Absent - Director Wellons, Castleman and.Jones - total 3. It was announced that there-was a quorum in attendance, and the following is an account of.the pro- ceedings: Mayor Mehlburger then announced that this was the time and place for the opening of sealed bids on the proposed sale of $15,000,000.00 City of Little Rock General Obligation Improvement Bonds, subject to the provisions set forth and included in the Notice of Sale which was duly published on July 2, 1977, Jul; 9, 1977 and July 16, 1977. Eight bids were submitted and as there were no additional bids to be presente at this time, Mayor Mehlburger declared that the time for the filing of bids was closed and subsequently requested that Mr. E. Jack Murphy, Director of Finance, proceed with the opening and reading of said bids Directors Castleman and Jones were enrolled. The eight bids received for General Obligation Improvement Bonds of the City of Little Rock, ' in the amount of $15,000,000.00 were opened and are described as follows: Net Interest Average Cost Interest Rate Weeden & Co., Inc. $ 10,613,532.75 4.97389 Merrill Lynch`, Pierce, Fenner,& Smith, Inc. 9,951,435.60 4.6636 Citibank, N. A. and Associates 10,901,300.00 5.1087 The Chase Manhattan Bank, N. A., and Associates 10,424,311.25 4.8852 Bank of America N. T..& S. A. 10,849,726.05 5.0845 The First National Bank of Chicago and Associates 10,524,550.41 4.932188 Continental Illinois National Bank and Trust Company of Chicago 10,377,673.00 4.863356 Stephens Inc. 9,866,286.25 4.623702 Upon completion of the opening and reading of the bids, and the acknowledgment that the foregoing bids did conform with the Notice of Sale, the Board of Directors recessed at 2:10 o'clock P. M. to allow ' Mr. Murphy to verify the interest rate of the low bidder. After a brief interval, the meeting resumed with the City Clerk calling the roll with Mayor Mehlburger presiding and the following Directors present: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent - Director Wellons - total 1. An announcement was made by Mr. Murphy that he had received the required verification and Mayor Mehlbur- ger then declared that the Bid of Stephens Inc., had been accepted at the average interest rate of 4.623702 per cent for the $15,000,000.00 City of Little Rock Improvement Bonds. Resolution No. 5,768 was then presented, with the title being: A RESOLUTION AWARDING TO PURCHASERS THE.CITY OF LITTLE ROCK, ARKANSAS GENERAL OBLIGATION IMPROVEMENT BONDS DATED FEBRUARY 1, 1977 IN THE PRINCIPAL AMOUNT OF $15,000,000. with the Resolution being._readin full. Director Linkous made a motion at this time that the Resolution be adopted, which motion was seconded by Director Dailey. The ensuing roll call vote then adopted the Resolution as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. ' At this point, Director Linkous made a motion that the meeting be recessed until 2:30 P. M., to consider the matter of demolition of a building. The motion was seconded by Director'Jones and was un- animously adopted by the Board Members present. Board of Directors Chamber Little Rock. Arkansas 3� 444! JULY 27, 1977 cont'd July 27, 1977 - 2:30 P. M. The Board of Directors of the City of Little Rock, Arkansas again reconvened with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, , Linkous, Castleman and Jones - total 5; Absent - Director Wellons - total 1. Mayor Mehlburger announced that the matter to be discussed was a request from Mr. and Mrs. Vernon Tucker to demolish a house located at 409 E. 15th Street, which is a condemned structure, and in their op nion presents a safety hazard. It is in the neighborhood around MacArthur Park where a moratorium on demoli- tion has been declared while the Historic District Commission carries out.a campaign to form a Historic District in the area. City Manager Carleton McMullin recommended that the City go ahead and issue a permit to demolish this house, feeling the City has some liability inasmuch as the house was condemned.; Director Dailey made a motion "that we allow the demolition of the property at 409 E. 15th Street." The motion was seconded by Director Keith. Director Linkous stated that he had not been in favor of de- claring a moratorium, but "inasmuch as we did, the Historic District Commission should formally address this Board and plead their case." City Manager McMullin advised that the Historic District was aware of the request regarding this property., Director Castleman commented that the decision rests with the Board. Director Linkous, at this time, made a substitute motion that action on the Resolution be defer- ' red until August 2, 1977, but the motion failed for lack of a second. A roll call was then taken on the motion to adopt Director Dailey's Motion to allow demolition of the subject building, with the re- sults recorded as follows: Ayes - Directors Keith,.Dailey, -Mayor Mehlburger, Directors Castleman and Jones - total 5; Noes - Director Linkous - total 1; Absent - Director Wellons - total 1. Therefore, the Motion was ADOPTED. There was no further business to be presented or to come before the Board of Directors, and upon motion of Director Keith, seconded by Director Linkous, and unanimously adopted by the Board Members pre sent, the meeting was adjourned at 2:50 o'clock P. M. to meet again in regular session on Tuesday, August 2, 1977 at 7:30 o'clock P. M.. ATTEST: �/yj,(i �yGC/TI/ APPROVED: U City Clerk Mayor V/I Board of Directors Chamber Little Rock, Arkansas August 2, 1977 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, 'City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. It was announced that there was a quorum in attendance, and the meeting then proceeded as herein described: The Invocation was given by Director Wellons. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on July 19, 1977 and the reconvened meeting held on July 27, 1977. (b) Resolution No. 5,769, entitled: A RESOLUTION AUTHORIZING AN AGREEMENT WITH ARKANSAS POWER AND LIGHT COMPANY FOR CERTAIN ELECTRICAL LIGHTING SERVICES AT THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES. ' By a motion made by Director Wellons, seconded by Director Castleman, and unanimously adopted by the Board Members present, the foregoing Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors; and (b) Resolution No. 5,769 was read in full and adopted. The next matter presented for consideration was a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING 1872 SCHILLER STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on July 5, 1977. A motion then followed from Director Wellons, seconded by Director Keith, for a suspension of the rules to allow for the third and final reading. The motion was adopted by unanimous vote of the Board Members present being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the third reading -2f the Ordinance ensued; after which, there was-an Aye.and'No Vote taken on the passage of the Ordinance, resulting as herein recorded: Ayes - None; Noes.- Directors Keith, Dailey, Mayor ' Mehlburger, Directors Linkous, Wellons, Castleman and Jones - .total 7; Absent - None. It was announce that the Ordinance had FAILED to pass. There was presented a proposed Ordinance,-containing the following title:. Aid ORDINANCE RECLASSIFYING 8213 ASHER AVENUE_IN THE CITY OF LITTLE ROCK,.ARKANSAS,.AMENDING SECTION 43 -2 OF THE CODE OF-ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a second reading of - -the Ordinance, the first reading having occurred on July 19, 1977. A motion was made by Director Linkous to suspend the rules and place the Ordinance on third and final reading, which motion was seconded.by Director Wellons. A roll call was taken on the suspension of the rules with the results described as follows: Ayes.- Directors Dailey, Linkous and Wellons - total 3; Noes - Director Keith, Mayor Mehlburger,; Directors Castleman and Jones - total 4; .Absent - None. Therefore, the proposed Ordinance remained on the calendar for third and final reading on August 16, 1977. A proposed Resolutios'.had been placed on the Agenda.,pertaining to Street Right -of -Way Dedications in Zoning matters and proposed State Legislation relating thereto.--Mr. Carleton - McMullin; City Manager ' announced that.the subject had been withdrawn from the Agenda, therefore.no action was taken on the proposal. AUGUST 2, 1977, Cont'd. Next presented was a proposed Ordinance, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING BISHOP STREET BETWEEN 10TH STREET AND 11TH STREET, IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the second time; the first reading having occurred on July 19, 1977. Associate Pastor, Charles Barfield, of the'Immanuel Baptist Church advised the Board of Directors that a sketch of the landscaping proposed by the Church, had been prepared and that access to the street woul not be closed to Fire Trucks and Utilities. Mr. Carleton McMullin, City Manager, stated that the sketch had not been reviewed by the appropriate departments and requested that this be done, consequently the Ordinance remained on the calendar for third and final reading on August 16, 1977. Introduced at this time was Ordinance No. 13,318, entitled: AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF A TRACT OF LAND DESCRIBED AS THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER, SECTION 1, TOWNSHIP 1 SOUTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS, INCLUDING ALL ABUTTING AND ADJOINING STREETS AND RIGHTS OF WAY, WHICH LAND IS CONTIGUOUS TO THE PRESENT CITY LIMITS; AND FOR OTHER PURPOSES; (Woodford Addition - pursuant to Court Order dated June 27, 1977) with there being a first reading of the Ordinance. There was a motion at this time from Director Dailey seconded by Director Linkous, to suspend the rules and place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being seven in number and or more of the members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion made and seconded by Directors Linkous and Dailey, respectively, and unanimously adopted by the Board Members present, bei seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency Clause was included in Section 2 of the above described Ordinance, and was read in full and adopted with the following results of the roll call vote recorded herein: Ayes - Directors 1 Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Accordingly, it was announced that the Ordinance, together with the Emergency Section had PASSED. Ordinance No. 13,319 was next presented, with the title being: AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF 'LITTLE ROCK, ARKANSAS, OF A TRACT OF LAND LOCATED IN THE NE 1/4 NE 1 /4'OF SECTION 34, TOWNSHIP 2 NORTH, RANGE 13 WEST, AND ALSO LOTS 24 AND 25, REPLAT OF PHASE I AND PHASE II OF SANFORD'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, WHICH IS CONTIGUOUS TO THE EXISTING PRESENT CITY LIMITS, AND FOR OTHER PURPOSES; (Sanford's Addition - Pulaski County Court Order dated June 27, 1977) and the Ordinance was read the first time. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Dailey, seconded by Director Linkous, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing motion was made by Director Linkous, seconded by Director Dailey, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the B of Directors - elect; and there was a third and last reading of the Ordinance. An Aye and No Vote was th taken on the passage of the Ordinance, with the response described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. 9 1 7 AUGUST 2, 1977, Cont'd. The Emergency Clause was contained in Section 2 of the foregoing Ordinance and was then read" and _ adopted by the following roll call vote: Ayes Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - "total 7; Noes - None; Absent - None. Whereupon, the Ordinanc and Emergency Section were declared PASSED. Presented at this time was Ordinance No. 13,320, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE NOTES AND BONDS UNDER ACT NO. 9 OF THE FIRST EXTRAORDINARY SESSION OF THE SIXTY- SECOND GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED JANUARY 21, 1960, AS AMENDED, FOR THE PURPOSE OF PROVIDING INTERIM AND PERMANENT FINANCING OF THE COSTS OF SECURING AND.DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS.-DESCRIBED IN THE ORDINANCE): AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF THE INDUSTRI PROJECT AND THE FINANCING THEREOF; AND DECLARING AN EMERGENCY; (Falcon -Jet Bond Project) and there was a first reading of the Ordinance. A motion was then made by Director Dailey, seconded by Director Linkous, for a suspension of the rules to provide for the second reading of the Ordinance; ' which motion was unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, there was a subsequent motion by Director Linkous, seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by 1. unanimous vote of the Board Members present, and the Ordinance was read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Director: Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None Absent - None. The Emergency Section contained in Section 9 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was therefore, announced that the Ordinance, together with the Emergency Section had been PASSED. There was presented Ordinance No. 13,321, containing the following title: AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR AND AMERICAN FALCON SERVICE, INC., AS LESSEE IN SUBSTANTIALLY THE FORM AND WITH THE CONTENTS SET FORTH AND MADE A PART OF THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (Falcon -Jet Bond Project) and after a first reading of the Ordinance, there was a motion by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Linkous, unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were again suspen, ed and the Ordinance was placed on its third and final reading, by a motion made and seconded by Directors Linkous and Dailey, respectively, which was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance subsequently resulted in the taking of an Aye and No Vote on the passage of the Ordinance, with the vote response being: Ayes - Directors Keith, Dailey, Mayor ' Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes -' None; Absent - None. The Emergency Section contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was therefore, announced that the Ordinance, together with the Emergency Section had been PASSED. AUGUST 2, 1977, Cont'd. The next presentation was Ordinance No. 13,322, with the following title: There was a subsequent suspension of the rules AN ORDINANCE AWARDING CONTRACTS FOR UNIFORMS, POLICE EQUIPMENT, FIRE EQUIPMENT AND MISCELLANEOUS final reading CLOTHING AND SUPPLIES•, REPAIRS TO AERIAL - LADDER TRUCK; FIRE DEPARTMENT RESCUE UNIT; WAIVING COMPETITIVE BIDDING; AMENDING ORDINANCE X613,252; APPROPRIATING FUNDS; AUTHORIZING PAYME ' NT; AND FOR OTHER PURPOSES; (Also a portion of lighting equipment for Metrocentre Mall, awarded to second low bidder) with there being a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by a motion made and seconded by Directors Dailey and Linkous, respectively,) and unanimously adopted by the Board Members present, being seven in number'and two - thirds or more of the members of the Board of Directors - elect. A second reading of the Ordinance ensued; after which there was a.motion by Director Linkous, seconded by Director Dailey, that the rules again be suspended to allow for the third and final reading of the Ordinance at this time. The motion was adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones. - .total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. Presentation was then made of Ordinance No. 13,323, entitled: ' AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING AND CAPITAL IMPROVEMENTS BONDS PLEDGING TAX REVENUES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; ($15,000,000.00 City of Little Rock General Obligation Improvement Bonds) with the Ordinance being read the first time; after which there was a motion from Director Dailey, seconded by Director Linkous for a suspension of the rules to provide for the second reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time." There was a subsequent suspension of the rules and the Ordinance was placed on its third and final reading by a motion of Director Linkous, seconded by Director Dailey, whin was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of-the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote on the passage of the Ordinance, which received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency: Clause was included in Section 20 of the above described Ordinance and: "was read in full and adopted with the following results of the roll call vote recorded herein: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None Basent - None. Accordingly, it was announced that the Ordinance, together with the Emergency Section had PASSED. Zoning Petition No. Z -3140 from Mr. Howard Cockrill, Agent for McDade, Inc. was presented at this time.' The petition contained a request for the rezoning of property in the 1900 Block North on Sanford Drive, described as the E 1/2 NW 1/4 NE 1/4 NE 1/4, Section 34, Township 2 North, Range 13 West and Lots 24 and 25, Phase II, Sanford Addition, from "A" One- family District to "MF 12" Multi- family District, as approved by the Planning Commission. There was no one present who wished to address to the issue; therefore, an Ordinance to reclassify the subject property was placed on first reading. (See ' Ordinance No. 13,324, as follows) i AUGUST 2,1977, Cont'd. - - "- Presented at this time was Ordinance No'. 13,324, described as: AN ORDINANCE RECLASSIFYING 1900 BLOCK NORTH ON SANFORD DRIVE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF.ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; -AND FOR OTHER PURPOSES; - and there was a first reading of the Ordinance.,- A.motion was then-made-by Director Wellons, seconded by Director Jones., fora suspension of-the-rules to, provide for the second reading of the Ordinance; which motion was unanimously..adopted.by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. .-After the second reading of the - Ordinance," there was a subsequent motion by Director Linkous,' seconded by Director Wellons, that the rules again be suspended and the Ordinance be placed on_its third.,and- ,final reading. The motion was adopted by unanimous vote of the Board Members present; and the,Ordinance "was read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith, Dailey, Mayor i Mehlburger,- Directors - Linkous, Castleman and Jones - .total 7; Noes - None;. Absent. —None. Whereupon; the Ordinance was. declared PASSED. , Submitted for consideration at tbis time was Resolution No. 5,770, entitled: A RESOLUTION ACCEPTING AN OFFER MADE BY ERSHIG'S INC. TO BUY A "TRACT OF LAND IN THE LITTLE ROCK PORT ' INDUSTRIAL PARK DISTRICT; AUTHORIZING THE MAYOR,AND CITY CLERK TO SIGN A WARRANTY -DEED IN FAVOR OF, ERSHIG'S INC. UPON PAYMENT OF THE TOTAL PURCHASE 7PRICE AND FOR OTHER PURPOSES; (Containing 7.23 Acres - $150,000.00) and after a full reading of the Resolution, there was a motion-from Director Keith, seconded by Director Linkous, that the Resolution be adopted. .A roll call was.taken which resulted in adoption of.ttie -Reso- lution by the following vote:-.Ayes - .Directors.Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7;- Noes - .None; Absent - None. " There was next presented, Resolution No'. 5,7.71, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE -AND FILE APPLICATION WITH THE- BUREAU.OF OUTDOOR RECREATION OF THE - UNITED STATES DEPARTMENT OF INTERIOR FOR A:GRANT OF FUNDS TO BE�USED FOR-THE DEVELOP- MENT OF UNIVERSITY PARK AND."MOREHART PARK; AND FOR OTHER.PURPOSES;,", with the Resolution being read in full and subsequently adopted.as.the result of a- motion.by Director i Linkous, seconded by Director Dailey, and the following roll call-vote: Ayes - Directors Keith,, Dailey, ' Mayor Mehlburger, Directors Linkous, Wellons,.Castleman.and Jones — total 7; Noes - None; Absent - None. The next Resolution, No. 5,772, to.be,,.considered did -not .include a title, but authorized the Mayor. and City Clerk to execute agreements to.exchange existing easements, to accommodate two pipelines for the Little Rock Municipal Water Works. The Resolution was read in its entirety. A.motion by Director Linkous, seconded by Director Dailey, resulted in a.roll call vote whereby..the:Resolution was adopted as herein described:- Ayes - Directors-Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castle- man and Jones.- total 7; Noes - None; Absent - "None.:; - - ._ -• - . Resolution No. 5,773 was presented, containing the following title,; A RESOLUTION AUTHORIZING THE PURCHASE OF A PARCEL OF LAND ON ASHER AVENUE FOR RIGHT -OF -WAY PURPOSES; DIRECTING.THE CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENTS RELATING THERETO; AND FOR OTHER PURPOSES; (Purchased from Pulaski County Baptist Association - $9,000.00) - - with there being a complete reading of the Resolution. A motion was then made by Director Keith, ,seconded by Director Dailey, which resulted in adoption of ;the Resolution by the following roll call vote: -Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors.Linkous, Wellons, Castleman and -Jones - total 7; ' Noes - None; Absent - None. -" Introduced at this time was Ordinance No. 13,325, entitled: AN ORDINANCE AMENDING ARTICLE V, SECTION (C) OF THE LITTLE ROCK HOUSING CODE, SAME BEING ORDINANCE NO. 13,304 PERTAINING TO THE PLUMBING SYSTEMS OF ALL RESIDENTIAL DWELLINGS WITHIN THE CITY LIMITS OF LITTLE ROCK; AND FOR OTHER PURPOSES; AUGUST 2, 1977, Cont'd. (Re: Hot and Cold Water Supply) and, upon first reading of the Ordinance,.there was a motion by Director Wellons to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Dailey, unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were again suspende and the Ordinance was placed on its third and final reading, by a motion made and seconded by Directors Dailey and Wellons, respectively, which was adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance subsequently resulted in the taking of an Aye and No Vote on the passage of the Ordinance, with the vote response'being: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons; Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was there- fore, declared to have been PASSED. At this point, Mayor Mehlburger reported to the Board that Little Rock,.Pulaski County and Little Rock School District Officials had met to discuss the Economic Development Administration funds to be made available for use in Little Rock, possibly $1.52 million. Mayor Mehlburger announced the following order for expenditure of the funds: (1) Renovation of the Pulaski County Juvenile Justice Center - $225,000; Early Childhood Development Center at Parham School - $400,000, New City Animal Shelter - $400,000; and improvements to Interstate Park - $495,000. A discussion ensued on the order of the priorities, in which Director Keith questioned whether the three requests of the County contained in Resolution No. 5,753, adopted July -5, 1977, were in process. Mayor Mehlburger advised that he had conferred with the County Judge who was willing to go along on these things, but not in this manner. Director Jones stated that she would like to go on record as opposed to the order of priority of the projects, because the City's own projects are listed last. Director Wellons then asked how the funds would be allocated, or if they would be pro -rated in the event the funds received, were less than the anticipated, amount. City Manager Carleton McMullin advised that by Wednesday, August 10th, the amount to be received from EDA would be confirmed, and the Board- requested that he prepare information on the subject, for the Agenda Meeting on that date.' A Resolution adopted by the Little Rock Port Authority was then read by Mayor Mehlburger, in which the Port Authority expressed gratitude for the service of Mr. E. A. Bowen, Jr., who served as a member of the Port Authority, which term expired July 6, 1977. The last subject for discussion was a median cut in University Avenue at the 10th Street to accommodate a Hilton Inn that is being built on the northeast corner:of the intersection. A commit- ment was made by the City Staff in 1972 when another developer was considering this site for the construction of a Sheraton Hotel. Mr. J. F. Lynch, Director of the Department of Community Services presented a Report to the Board of Directors in which he advised that the success of the Hilton, depends upon the median cut. Director Wellons referred to another median cut at the University Towers Building, adding that this is a long time commitment of the City, which might cause a slight traffic delay, but no great hazard. Director Jones expressed regret that this type of thing has come up, but felt morally obligated to allow this cut, which could be handled by restrictive hours. Director Dailey concurred with Directors Wellons and Jones and felt the City would be making a mistake to reverse the allowance of the median cut, and that the Hilton Officials would work with the City. Director Keith commented that "this Board is making a horrible mistake." Director Castleman stated that he would like to let the Staff handle median cuts and the Board handle policy. At the end of the discussion, Director Linkous made a motion that the following Resolution be adopted: R J 451 AUGUST 2, 1977, Cont'd. Resolution No. 5,774 was presented, but did not contain an Official Title. Section One ratifies and affirms the action of the Staff in authorizing and approving the median cut in University Avenue at the 10th Street interchange permitting left turn for south bound traffic. Director Linkous' motion was seconded by Director Wellons and the Resolution was adopted by the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 5; Noes - Directors Keith and Castleman - total 2; Absent - None. There was no further business to be presented or to come before the Board of Directors, and upon motion of Director Well seconded by Director Linkous, and unanimously adopted by the Board Members present, the meeting was adjourned at 8:35 o'clock P. M. to meet again in regular session on Tuesday, August 16, 1977 at 7:30 o'clock P. M. ATTEST : !� "�` "� -i APPROVED: , City Clerk Mayor. I I - II( Board of Directors Chamber Little Rock,-Krkansas August 16, 1977 7:30 P':. M. The Board of.Directors of the City of.Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons., Castleman and Jones - total 6; Absent - None. A quorum was declared present and the proceedings of the meeting are-herein recorded as follows: The Invocation was given by Director Dailey. The first presentation was the Consent Agenda, consisting of the - following items: (a) The Minutes of the previous meeting held on August 2, 1977. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for .the month of June, 1977. (c). •Setting dates for Public Hearings.on Privilege License Amendments, August 25th and August 30th at 7:30 P. M. (d) Resolution No. 5,775, which: APPOINTED MR. GLEN F. ROGER A COMMISSIONER WITHIN RIVERDALE LEVEE IMPROVEMENT DISTRICT NO. 134, TO REPLACE MR. R. D. RAWN. (e) Resolution No. 5,776, entitled: A RESOLUTION FIXING A DATE FOR A HEARING ON A PETITION TO VACATE, ABANDON AND CLOSE A PORTION OF EAST.FIFTH STREET, AS.PLATTED, BETWEEN BLOCKS 16 AND-17, GARLAND ADDITION TO.THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; Petition filed by Twin City Development Company, to vacate the above named street, which was approved by the Planning Commission. A letter from Beach Abstract & Guaranty Company certifying to the last apparent owners of record of property abutting the-proposed closure, and a certified copy of the plat of Garland.Addition were attached to the.Petition. Public Hearing date was set for Tuesday, September 6, 1977 at 7:30 P. M. (f) Resolution No. 5,777, with the title being: - RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION.:TQ.VACATE WEST 16TH STREET, IN BLOCK 8, BATMAN'S SUBDIVISION TO THE CITY OF LITTLE' ROCK,;:ARKAiSAS. The petition was filed by Bobbie Jean and Theodore Jenkins to vacate the_above portion of West 16th Street, and having been approved by the Planning Commission. Attached to the petition was a letter from the Standard Abstract & Title- Company certifying to the apparent owners of property abutting.the proposed closing of this portion of West 16th Street,.and a certified copy of the plat•of Batman's Subdivision. Public Hearing date was set for Thunidyyyy, September 6, 1977 at 7:30 P. M.) (g) Resolution No..5,778, described as: A RESOLUTION FIXING A DATE FOR A HEARING ON A PETITION TO VACATE, ABANDON AND,CLOSE-THAT PORTION OF WEST 15TH.STREET LOCATED BETWEEN UNIVERSITY AVENUE AND A POINT 125 FEET WEST OF THE WEST RIGHT OF WAY LINE OF UNIVERSITY AVENUE. The Little Rock Housing Authority, sole owner of the property abutting the proposed closure, filed the petition and attached to the petition was a plat of Cox's Subdivision of ' Taylor & Bodeman's Subdivision, and Taylor & Bodeman's Subdivision which was approved by the Planning Commission. The date for Public Hearing was set on Tuesday,.September 6, 1977 at 7:30 P. M. I 453 AUGUST 16, 1977, Cont'd. (h) Resolution No. 5,779, entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE STREET IN MARKHAM MESA, PHASE I, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. Petition filed by The Wilson Company, Inc., Robert M. Wilson, President, was approved by the Planning Comm ission. .,Documents included with the Petition- weresa letter from .the Standard Title-and Abstract Company certifying to-the apparent last owners of record of the property abutting the: portion of the street..to be close3} and a- certified -copy of the plat of Markham Mesa Subdivision to the City of Little.Rock as recorded in, "the office of the Pulaski County Circuit Clerk. The date of-Public Hearing was set on Tuesday, September 6, 1977 at 7:30 P. M. - - (i). Resolution No. 5,780, with the title being:. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS', SETTING THE DATE OF-HEARING ON THE PETITION TO VACATE 42ND STREET'IN BLOCK -94 AND 95, JOHN - BARROW'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. The Petition was filed by Ms. Lottie Perkins, et al, and was approved by the _"Planning - Commission. 'Attached to the petition was a letter .from the Little "Rock.Abstract Company certifying to the last owners of record, and a certified copy of the plat of John Barrow Addition as filed of record in the Office of the Pulaski County Circuit'Clerk. Public Hearing was set for Tuesday, September -6,. -1977 at 7:30 P. M. (j) Resolution No. 5,781.was the last matter. in the Consent Agenda to-be 'considered entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY'OF LITTLE ROCK,ARKANSAS, - SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK-3, PERRY, HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. Petition was filed by Attorney Sam Jones', Attorney for.Kiddie Kampus Playskool, Inc., to vacate the above named street, -which was approved by the - Planning Commission.- A letter from Little Rock Abstract Company certifying to the last apparent owners of record of property abutting the proposed closure, and a certified copy of the plat of Perry Heights. Addition were _ < Cfl:2;`ie= " ±cattached to -the Petition." Public Hearing date was set for Tuesday, September 6., 1977 at 7:30 P. M. By a Motion from DirectorWellons, seconded by Director Castleman, with all members present voting Aye, the Consent Items were dispensed with as 'follows: (a). The Minutes were approved as written and summarized to the members of the Board of Directors; (b) The Comparative Statement of the Municipal Water Works was received and filed;.(c) Public Hearing dates on Privilege License Amendments were -set on August 25th and August 30th -at -7:30 o'clock P. M.; and (d, e, f; g, h,.i, and j) Resolutions were read in full and adopted, 7 -0. " The next presentation was a series of Zoning Petitions, approved by the Planning Commission, and the correction of the description of the property at 900 John Barrow'Road reclassified in Ordinance No. 13,311. Z- 2902 -A - Petition from.John.P. Nowlin, Agent fof Grif -fin- Leggett, Inc. 'to reclassify the 5800 Block of West 10th Street (see petition for long legal description), from "E -1 -A" Nursing,-Lodging and Undertaking District to 'F" Commercial District. ' Z- 1711 -A - Petition from Union National Bank -to reclassify the 11000 Block of'Rodney Parham Road, described as the South 80-ft. of -Lot "A' Block 31, Pleasant Valley Commercial Subdivision,-from "E -l" Quiet Business District'to "F" Commercial District.• - Z- 1859 -G - Petition from Rector - Phillips- Morse, Inc. to reclassify the east* -'side of Pierce Street, south of "0" Street (see petition for long legal description), from "MF 12" Multi- family District to "E -l" Quiet Business District. I AUGUST 16, 1977, Cont'd. Z- 2440 -A - Petition from Bonanza Realty Company by Paul W. Davenport to reclassify the N/W Corner of West 2nd Street at Schiller Street, described as Lots 7 and 8, Block 4, Plunkett's 2nd Addition, from "B" Residence District to "D" Apartment District. Ordinance No. 13,311 was amended to correct the property description for the reclassification of the 900 Block of John Barrow Road. As there was no one present to oppose the reclassification of the above - described properties and the property description of the 900 Block of John Barrow Road, an Ordinance to reclassify and correct same was placed on first reading. (See Ordinance No. 13,326, as follows) There was presented Ordinance No. 13,326, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND AMENDING ORDINANCE NO. 13,311; with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Wellons, seconded by Director Castleman, and by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Keith, seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directo present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, the Ordinance was then read the third'and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith., Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Introduced at this time was a proposed Ordinance, containing the following title: AN ORDINANCE RECLASSIFYING 8213 ASHER AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS: AND FOR OTHER PURPOSES; and after having been read the second time on August 2, 1977, there was a third and final reading of the Ordinance. Director Keith called attention to the need of five feet additional right -of -way needed for improvements to Asher Avenue, which he felt should be dedicated by the applicant for this rezoning. Director Wellons agreed the right -of -way is needed, but should not be obtained through rezoning procedu A roll call was then taken on the Aye and No Vote on the passage of the Ordinance and is recorded as follows: Ayes - Directors Dailey, Linkous and Wellons - total 3; Noes - Director Keith, Mayor Mehlbur Directors Castleman and Jones - total 4; Absent - None. Therefore, the Ordinance was declared NOT TO HAVE BEEN PASSED. Another Ordinance, No. 13,327,; Fas. presented and "described as; ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING BISHOP STREET BETWEEN 10TH AND 11TH STREETS; IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES with the Ordinance being read the third and last time, having been read the second time on August 2, 1977 Mr. Nathaniel Griffin, Director of Comprehensive Planning advised the Board of Directors that with the plan presented by Immanuel Baptist Church, the Fire Department will have access to surrounding properties and that he has a written statement from the Church that they will abide by the design as presented. An Aye and No Vote was then taken on the passage of the Ordinance, with the response described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons and Castleman - total 5; Noes - Director Jones - total 1; Abstaining - Director Linkous - total 1; Absent - None. It was announced that the Ordinance had.,PASSED. 1 II N55 AUGUST 16, 1977, Cont'd. i A Public Hearing had been scheduled for this time and place to hear arguments on the Petition of .,, ' Hush Puppy, Inc. to vacate and close that portion of Blunt Street lying between Blocks 1 and 4;; Oak Park Addition to the City of Little Rock, Arkansas; that portion of 39th Street lying between Blocks 1 and 2, Oak Park Addition to the City of Little Rock, Arkansas; and that portion of Leymer Street lying East of Blocks 1 and 2, Oak Park Addition to the City of Little Rock, Arkansas, as approved by the Planning Commission. Since Notice of the Hearing had been duly published on July 26, 1977 and August 2, 1977 as required by Law, the Public Hearing was declared to be open. There was no one present to speak in opposition to the street closures and Mayor Mehlburger declared the Public Hearing closed, and an Ordi- nance to close the above named streets was placed on first reading. (See Ordinance No. 13,328 as follows) - Ordinance No. 13,328 was presented, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THAT PORTION OF BLUNT STREET LYING BETWEEN BLOCKS 1 AND 4, OAK PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; THAT PORTION OF 39TH STREET LYING BETWEEN BLOCKS 1 AND 2, OAK PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; AND THAT PORTION OF LEYMER STREET LYING EAST OF BLOCKS 1 AND 2, OAK PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time. The rules were,then suspended and the Ordinance placed on its second reading, by a motion from Director Keith, which was seconded by Director Dailey and unanimous) adopted by the Board Members present, being seven in,number and two- thirds or more of the members of the Board of Directors - elect.- The Ordinance was read the second time; after which the rules were again suspended and the Ordinance was placed on its third and final reading, resulting from a motion by Director Dailey, seconded by Director Keith, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by an Aye and No Vote on the passage of the Ordinance which resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7;tpoes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was Ordinance'No. 13,329, entitled: AN 'ORDINANCE AWARDING CONTRACTS FOR INSTALLATION OF EMERGENCY WARNING SIRENS AND EQUIPMENT; SANITATION TRUCKS; PAVING OF BIKE -WAYS AND FITNESS TRAILS; APPROPRIATING FUNDS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; with the Ordinance being read the first time; followed by a Motion from Director Linkous, seconded by Director Wellons, that the rules be suspended and the Ordinance be placed on its second reading. The Motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were then suspended to allow for the third and final reading of the Ordinance at this time by a Motion made and seconded by Directors Linkous and Dailey, respectively, -and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was declared to have been PASSED. ' Presented for consideration at this time was Resolution No. 5,782, entitled: A RESOLUTION AMENDING RESOLUTION NO. 5767 PERTAINING TO COMPREHENSIVE EMPLOYMENT TRAINING ACT FUNDS AND FOR OTHER PURPOSES; (Reprogramming On- The -Job Training funds - $40,875.00 to Pulaski County Economic Agency and $12,425.00 to Faulkner County) I IF` AUGUST 16, 1977, Cont'd. with the Resolution being read in its entirety. There was a motion by Director Jones, seconded by Director Wellons, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Resolution No. 5,783 was next presented, with the title being A RESOLUTION AMENDING SECTION "N" OF RESOLUTION NO. 4,756, AS AMENDED BY RESOLUTION NO. 5,171, PERTAINING TO FEES PAID TO THE CITY BY GOLF PROFESSIONALS FOR POWER CART RENTALS AT CITY GOLF COURSES; AND FOR OTHER PURPOSES; and the Resolution was read in full. A motion by Director Linkous, seconded by Director Dailey, in a roll call vote which adopted the Resolution as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. A Resolution had been placed on the Official Agenda entitled: "A Resolution changing the name of Satterfield Drive to Galleria Drive and for other purposes" but, the matter was deferred and no action was taken. Introduced at this time was Resolution No. 5,784, containing the following title: II ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR FUNDING PURSUANT TO THE PUBLIC WORKS ACT; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety and subsequently adopted by a motion made by Director Keith, seconded by Director Dailey, and by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The next item presented for consideration was Resolution No. 5,785, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATION TO THE UNITED STATES DEPARTMENT OF LABOR PURSUANT TO TITLE I OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973; APPROVING THE TO BE FUNDED BY THE PROGRAM; AND FOR OTHER PURPOSES; which Resolution was read in full. A discussion ensued on the recommendations for spending these 1978 Title I funds for Manpower Training. Mr. Charles Bussey requested that the $83,519.00 the Planning r.". Council recommended to train people to provide basic nursing skills to the elderly, be increased to $120,000.00. Mr. Willard Johnson also, spoke favorably in regard to the increase of the Home Health Aid Program. Upon question by Mayor Mehlburger, Mr. John Halbert, Executive Director of the Pulaski County Council for Aging, advised that in the past, the program had been funded with Title 20 funds under the Social Security Act. Director Wellons suggested that the matter be studied further and perhaps the program be analyzed every three months. Director Jones pointed out that perhaps at a later date, funds could be reallocated. With no further discussion, the Resolution was adopted by a motion made by Direc Castleman, seconded by Director Jones, and by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. There was presented a proposed Resolution, entitled: A RESOLUTION GRANTING A FRANCHISE TO WALDO N. JONES TO OPERATE TRAILER RENTAL SIGNS; AND FOR OTHER PURPOSES; there was a full reading of the proposed Resolution, followed by a Motion from Director Dailey, seconded by Director Keith, for adoption of the Resolution. A roll call was taken on the Motion and the resulting vote is recorded as follows: Ayes - None; Noes - Directors Keith, Dailey, Mayor Mehlburger, Directors ' Linkous, Wellons, Castleman and Jones - total 7; Absent - None. Therefore, the Resolution FAILED of adoption. The last matter to be considered was Resolution No. 5,786, described as: X45' AUGUST 16, 1977, Cont'd. A RESOLUTION PERTAINING TO THE ACQUISITION OF THE CRISS AND SHAVER PROPERTY NORTH OF LA HARPE BOULEVARD FOR THE CENTRAL LITTLE•ROCK URBAN RENEWAL PROJECT; AND FOR OTHER PURPOSES; (Re: Assisting the Housing Authority in the acquisition) and there was a complete reading" of the Resolution. A brief discussion followed regarding the breakdown cost of the property and equipment. Upon question by Director'Keith, Mr. Cliff Giles, Executive Director of the Little Rock Housing Authority advised the majority of the property is real, rather than pertinent,) and when acquired, would belong to the Little Rock Housing Authority. Director Keith suggested that the matter of moving the equipment out to the Material Yard be taken into consideration. At this point, a motion was made by Director Wellons, seconded by Director Keith, which resulted in a roll call vote adopting the Resolution as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Director Linkous expressed his opinion that affirmative action of officially requesting Pulaski County to deed the property on which the old County Jail is located, for the overall development of the Riverside Park should be taken. He requested that a Resolution be placed on the next Agenda for consideration by the Board of Directors. There being no further business to be presented or to come before the Board of Directors, with a Motion by Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, the meeting was adjourned at 8:50 o'clock P. M. to meet again in regular session on Tuesday, September 6, 1977 at 7:30 o'clock P. M. ATTEST: (� /� APPROVED: n City Clerk Mayor Board of 'Directors Chamber Little Rock, Arkansas September 6, 1977 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice Mayor Dailey presiding and City Clerk Jane Czech, and the following Directors present: Directors Keith, Linkous, Wellons, Castleman and Jones - total 5; Absent - Mayor Mehlburger - total 1. A quorum was declared present and the proceedings of the meeting are herein recorded as follows: The Invocation was given by Director Wellons. The Consent Agenda was presented first, and consisted of the following items: (a) The Minutes of the previous meeting held August 16, 1977. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of July, 1977. (c) Accepting and filing an Audit of the Community Development Block Grant Program for the period between July 1, 1975 and March 31, 1977. (d) Resolution No.__5,,787, entitled: A RESOLUTION APPROVING CONTRACTS FOR VOCATIONAL TRAINING UNDER TITLE I OF THE COMPREHENS EMPLOYMENT TRAINING ACT; AND FOR OTHER PURPOSES. (e) Resolution No. 5,788, with the title being: A RESOLUTION AWARDING CONTRACTS FOR STREET AND STORM DRAINAGE IMPROVEMENTS; RECYCLING OF EXISTING PAVED SURFACES: COMPUTER EQUIPMENT PREVENTATIVE MAINTENANCE; EXTENDING CONTRACT WITH MISCO TEXTILE RENTALS; EXTENDING CONTRACT FOR HEATING & AIR CONDITIONING REPAIR; WAIVING - - COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (f) Resolution No. 5,789, described as: A RESOLUTION REQUESTING THE LITTLE ROCK MUNICIPAL WATER WORKS COMMISSION AND THE LITTLE ROCK SANITARY SEWER COMMITTEE TO APPROVE AND DESIGNATE A MEMBER OF THEIR STAFFS TO SERVE IN AN EX OFFICIO CAPACITY ON THE SUBDIVISION COMMITTEE OF THE LITTLE ROCK PLANNING COMMISSION; AND FOR OTHER PURPOSES. By motion of Director Linkous, seconded by Director Wellons, and a roll call vote with all members presen voting Aye, the Consent Items were dispensed with as follows. (a) The Minutes were approved as written and summarized to the members of the Board of Directors; (b) The Comparative Statement of the Municipal Water Works was received and filed; (c) The Audit of the Community Development Block Grant Program for the period between July 1, 1975 and March 31, 1977, was accepted for filing; and (d, e and f) Resolutions were read in full and adopted as follows: Ayes - 6; Noes - None; Absent - Mayor Mehlburger - total 1. ,.t A Public Hearing had been scheduled for this time and place to hear arguments on the Petition from the Twin City Development Company, to vacate and close a portion of East 5th Street, as platted, between Blocks 16 and 17, Garland Addition to the City of Little Rock. As Notice had been duly published on August 18, 1977 and August 25, 1977, as required by Law, Vice Mayor'Dailey declared the Public Hearing to be open. There was no one present to oppose the proposed street closure and Vice Mayor Dailey decl the Public Hearing to be closed, and an Ordinance to close same was placed on first reading. (See Ordinance No. 13,330) Ordinance No. 13,330 was presented, with the title being: AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING A PORTION OF EAST 5TH STREET BETWEEN BLOCKS 16 AND 17, GARLAND ADDITION TO THE CITY OF LITTLE ROCK, ARKA with said Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Linkous, which was seconded by Director Keith and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the membe 0 i SEPTEMBER 6, 1977, Cont'd. of the Board of Directors - elect. The Ordinance was read the second time; after which the rules were again suspended and the Ordinance was placed on its third and final reading, resulting from a motion by Director Keith, seconded by Director Linkous, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by an Aye and No Vote on the passage of the Ordinance which resulted as herein described: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wello Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. The Ordinance was then declared PASSED. The next matter to be considered was a Public Hearing scheduled for this time and place on the petition from Theodore and Bobbie Jean Jenkins to vacate and close a portion of West 16th Street in Block 8R Bateman's Subdivision of Cherry & Cox Addition to the City of Little Rock, Arkansas. It was stated that Notice had been published on August 18, 1977 and August 25, 1977, as required by Law, and the Public Hearing was declared to be open by Vice Mayor Dailey. There was no opposition presented to the proposed street closure, andaan Ordinance to close the above named street was placed on first read- ing, after Vice Mayor Dailey declared the Public Hearing closed. (See Ordinance No. 13,331) Introduced at this time was Ordinance No. 13,331, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE STREET IN BLOCK 8, CHERRY & COX ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with there being a first reading of the Ordinance. A motion followed from Director Linkous, seconded by CLOSING THAT PORTION OF:WEST.I5TH,STREET LOCATED BETWEEN UNIVERSITY AVENUE AND A POINT 125 FEET WEST OF THE WEST RIGHT OF WAY LINE OF UNIVERSITY AVENUE; r .. with the Ordinance being read the first time, followed by a motion from Director Linkous to suspend the rules and place the Ordinance on its second.reading. The motion was seconded by Director Keith and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third -and final reading by a.motion made and seconded by Directors Keith - and .:Linkous, respectively, and.unanimously adopted-by the Board_Members present, being six in,number and two - thirds or more of the.members of the Board of Directors - elect. 7. Following the third and last reading of the Ordinance, there was.an Aye and No Vote taken on the,passage Director Keith, for a suspension of the rules and the placing of the Ordinance on second reading; with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, with an ensuing motion then made by Director Keith to again suspend the rules and place the Ordinance on its third and final reading. Director Linkous seconded the motion, which was then adogBed� by unanimous vote of the members of the Board of Directors present, being six in numb er_andthirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in the following Aye and No Vote taken on the passage of the Ordinance: Ayes. - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - ,total 1. The Ordinance was therefore, declared to have been PASSED. The next Public Hearing scheduled for this time and place was on the petition from the Little Rock .� Housing Authority to vacate and close that portion of West 15th Street located between University Avenue and a point 125 feet west of the west right -of -way line of University Avenue. The Notice of Hearing had been published on August 18, 1977 and August 25, 1977, as required by Law, and Vice Mayor Dailey declare the Public Hearing open. No one was present to speak in opposition_to the petition and the Public. Hearing was declared closed by Vice Mayor Dailey, and an Ordinance to close the above named street was placed on first reading.' (See Ordinance No..13,332) There was presented Ordinance -No. 13,332, containing the following title: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS-VACATING, ABANDONING AND CLOSING THAT PORTION OF:WEST.I5TH,STREET LOCATED BETWEEN UNIVERSITY AVENUE AND A POINT 125 FEET WEST OF THE WEST RIGHT OF WAY LINE OF UNIVERSITY AVENUE; r .. with the Ordinance being read the first time, followed by a motion from Director Linkous to suspend the rules and place the Ordinance on its second.reading. The motion was seconded by Director Keith and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third -and final reading by a.motion made and seconded by Directors Keith - and .:Linkous, respectively, and.unanimously adopted-by the Board_Members present, being six in,number and two - thirds or more of the.members of the Board of Directors - elect. 7. Following the third and last reading of the Ordinance, there was.an Aye and No Vote taken on the,passage SEPTEMBER 6, 1977, Cont'd. of the Ordinance which resulted as herein recorded: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. The Ordinance was then declared PASSED. A Public Hearing had been scheduled for this time and place on the petition from The Wilson Company, Inc., by Robert M. Wilson, to vacate and close a portion of Green Mountain Drive located in Phase I, Markham Mesa, an Addition to the City of Little Rock, Arkansas. It was announced that the Notice of Hearing had been duly published on August 18, 1977 and August 25, 1977, as required by Law, and the Public Hearing was declared to be open by Vice Mayor Dailey. No one came forward to speak in opposition and Vice Mayor Dailey declared the Public Hearing to be closed, therefore, an Ordinance to close the street named above was placed on first reading. (See Ordinance No. 13,333) Ordinance No. 13,333 was presented, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE STREET IN MARKHAM MESA, PHASE I, AN ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and after a first reading of the Ordinance, there was a motion from Director Linkous, seconded.by Directo Keith, that the rules be suspended and the Ordinance be placed on its second reading. The motion receivl�� unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance followed. There was an ensuing motion then made and seconded by Directors Keith and Linkous, respectively, for a further suspension of the rules to provide for the third and final reading of the Ordinance; which motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of I the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger — total 1. It was announced that the Ordinance had been PASSED. Another Public Hearing had been scheduled for this time and place on the petition filed by William and Lottie Perkins, et al, to vacate and close 42nd Street, between Zion and Cobb Streets, in Blocks 94 and 95, John Barrow Addition to the City of Little Rock, Arkansas. As Notice of Hearing had been duly published on August 18, 1977-and August 25; 1977, as required by Law, Vice Mayor Dailey declared the Public Hearing to be open. There was no one present to object to the proposed street closure and Vice Mayor Dailey declared the Public Hearing closed and the proposed Ordinance to close the above named street was placed on first reading: (See Ordinance No. 13,334) Ordinance No. 13,334 was then considered, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE STREET IN BLOCK 94 & 95, JOHN BARROW'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Linkous, seconded by Director Keith, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Director Keith, seconded by Director Linkous, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The question of the passage of the Ordinance was at this time submitted to an Aye and No Vote, which resulted as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None;. Absent - Mayor Mehlburger - total 1. The Ordinance was therefore, declared PASSED: The last Public Hearing scheduled for this time and place was on the petition from Kiddie Kampus Playskool, Inc., by Attorney Sam Jones, to vacate and close an unnamed Alley in Block 3, Perry Heights Addition to the City of Little Rock, Arkansas. An announcement was made that the Notice of Public Hearing �I� SEPTEMBER 6, 1977, Cont'd. had been published on August 18, 1977 abd August 25, 1977, as required by Law, and Vice Mayor Dailey" declared the Public Hearing to be open. There-were no objectors to the proposal presented, so the Public Hearing was declared closed by Vice Mayor Dailey, and the Ordinance to vacate and-close the Alley was placed on first reading. (See Ordinance No. •13,335) Considered next was Ordinance No. 13,335,- entitled:. ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE.ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN BLOCK 3, PERRY HEIGHTS ADDITION TO THE CITY OF LITTLE'ROCK, ARKANSAS; and said Ordinance was read the first time. The rules were'then suspended and the - Ordinance placed on- its second reading, by a motion from-Director,Linkous, which was seconded by Director Keith and un- animously adopted by the Board Members present, being'six ininumber and two - thirds or more of'.the members of the Board of Directors- elect. The Ordinance was read the second time; after which the rules were again suspended and the Ordinance was placed on its third and final reading, resulting from a.- motion by Director Keith, seconded by.Director Linkous, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a,third and last reading of the Ordinance, followed by an Aye and No Vote on the passage of the Ordinance which resulted as herein described: Ayes - Director Keith, Vice Mayor Dailey; Directors Linkous, Wellons; Castleman and Jones.- total 6;. Noes - None; Absent_- Mayor Mehlburger - total 1. Whereupon, the Ordinance was declared PASSED. Ordinance No. 13,336 was introduced at this time, with the title being: AN ORDINANCE AMENDING ORDINANCE 1111,505 RECLASSIFYING•CERTAIN PROPERTIES IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Re: Z- 1662 - -- 11200 through.12000.West Markham Street) which Ordinance was read.the first time. The rules were suspended-at this time to allow for the second reading of the Ordinance by a motion made by Director Wellons, seconded:by Director-Jones and unanimously adopted by the Board Members present, being six in number and two - thirds or more of.the'members of the Board of Directors - elect. 'There was a.second reading of the Ordinance; -after which there was a motion by Director Linkous to further suspend the rules and place the, Ordinance on its third and final reading. The motion received a second from Director Wellons and unanimous adoption by the Board Members present,. being six in number and two - thirds or more of the members.of the Board of Directors - elect. Upon third and last reading of the Ordinance,-there was an ensuing Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Director Keith, Vice-Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones-- total 6; Noes:- None; Absent - Mayor Mehlburger - total 1. The Ordinance was then declared PASSED. The next presentation was Resolution No. 5,790, described.as: -. A RESOLUTION ACCEPTING CERTAIN-LANDS WHICH.WERE ANNEXED TO THE CITY,OF.LITTLE ROCK -BY PULASKI COUNTY COURT ORDER DATED JULY..25,-1977;. (12.34 Acres lying adjacent to the Little Rock-Port-Authority). with the Resolution being read in its entirety and subsequently adopted by a motion made by Director Linkous, seconded by Director.Keith, and by:.the.following roll call vote: -.Ayes - Director Keith, Vice.' Mayor Dailey, Directors Linkous, Wellons, Castleman.and Jones - .total 6; Noes - .None; "Absent - Mayor Mehlburger - total'1. Resolution No. 5,791 was presented;. entitled:.. A RESOLUTION AUTHORIZING'AN. AGREEMENT WITH GARVER & GARVER, INC.,_ENGINEERS FOR PROFESSIONAL SERVICES IN PHASE II OF THE NEW LANDFILL DEVELOPMENT; AND FOR OTHER.PURPOSES; and there was a complete reading of the - Resolution, followed�byya4mot6n_from Director Linkous; seconded by Director- Castleman,.for.adoption of the Resolution: A .roll call was taken'on the motion and the resulting vote adopted the Resolution as herein recorded:. Ayes - DirectorKeith,•Vi : ce Mayor Dailey; Directors Linkous., Wellons, Castleman -and Jones - total 6; Noes - None; Absent - Mayor Mehlburger_-_ tota 1. SEPTEMBER 6, 1977, Cont'd. The next matter to be considered was Resolution No. 5,792, containing the following title: A RESOLUTION APPROVING THE SALE OF A STRIP OF LAND OWNED BY THE LITTLE ROCK MUNICIPAL WATER WORKS, NORTH OF MARKHAM STREET &WEST OF SHACKLEFORD ROAD; AND FOR OTHER PURPOSES; (The south 50 ft. of the NW 1/4 of the NE 1/4 of Section 4, Township 1 North, Range 13 West in Pulaski County - $37,924.00 - to Louis C. & Maurine H. Nelson) with there being a full reading of the Resolution, after which there was a motion by Director Linkous, seconded by Director Jones, for adoption of the Resolution. A roll call vote was then taken and the Resolution was adopted as follows:. Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons Castleman and Jones - total 6; Noes.- None;. Absent - Mayor Mehlburger - total 1. At this point, Mayor Mehlburger was enrolled and presided during the remainder of the Meeting. Resolution No. 5,793 was next presented, with the title being: A RESOLUTION REQUESTING PULASKI COUNTY TO DEMOLISH THE OLD COUNTY JAIL; AND FOR OTHER PURPOSES; (Located on the south bank of the Arkansas River) and the Resolution was read in its entirety. A motion was then made by Director Keith and seconded by Director Wellons, which resulted in a roll call: vote whereby the - Resolution was adopted as herein described: Ayes - Directors,Keith, Dailey,.Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total T; .Noes - None; Absent.:- None. Introduced next was Resolution No. 5,794, entitled: A RESOLUTION APPROVING THE RELOCATION OF BOND STREET BY THE.LITTLE ROCK MUNICIPAL AIRPORT COMMISSION; AND FOR OTHER PURPOSES; (4.30 Acres located in part of SW 1/4, SE 1/4, Section 12, T -1 -N, R -12 -W) said Resolution being read in full and thereafter adopte& upon motion of Director Jones, seconded by Director Dailey, and the following roll -call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - .total 7; Noes - None; Absent - None. Submitted for consideration at this time was Resolution No. 5,795, as follows: A RESOLUTION AUTHORIZING AND DIRECTING THE 'CITY ATTORNEY TO TAKE WHATEVER LEGAL ACTION MAY BE NECESSARY TO CLEAR TITLE TO A PARCEL OF LAND AT THE OLD LANDFILL SITE; AND FOR OTHER PURPOSES; (Containing 5 acres, more or less) and after a full reading of the Resolution, there was a motion from Director Wellons, seconded by Directo' Dailey, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Reso- lution by the following vote: Ayes - Directors Keith, Dailey, Mayor.Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes- None; .Absent - None. Presented next was Ordinance No. 13,337, entitled: AN ORDINANCE CALLING A SPECIAL ELECTION ON THE QUESTION OF ISSUING BONDS UNDER THE PROVISIONS OF AMENDMENT NO. 49 TO THE CONSTITUTION OF THE STATE OF ARKANSAS FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY WITHIN THE CITY OF LITTLE ROCK, ARKANSAS (THE PARTICULAR PROJECT IS- DESCRIBED IN THE ORDINANCE) AND REFUNDING CERTAIN OUTSTANDING BONDS; PRESCRIBING OTHER.MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (For a convention /meeting hall and sports arena - "Megaplex ") and there was a first reading of the Ordinance. A motion was then made by Director Keith, seconded by Director Wellons, for a suspension of the rules to provide for the second reading of the Ordinance; which motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, there was a subsequent motion by Director Keith, seconded by Director Dailey, that the rules again be ' suspended and the Ordinance be placed.on its third.and.final.reading. The motion was adopted by unanimo vote of the Board Members present, and the Ordinance was read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Y 1463 SEPTEMBER 6, 1977, Cont'd. Absent - None. . The Emergency Section contained in Section 6 of the foregoing Ordinance was then read and adopted by the following roll call vote: 'Ayes Directors Keith, Dailey, Mayor Mehlburger, - Directors Linkous, Wellons, Castleman and Jones== total 7;: Noes - None; Absent - None. It was announced that the Ordi- nance, together with the Emergency Section had been PASSED. Ordinance No. 13,338 was presented, containing the following title: AN ORDINANCE RECLASSIFYING 8213 ASHER AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (250 square feet, more or less, dedicated for street right -of -way by Ronald S. and Brenda Kay McMinn) and after a first reading of the Ordinance, there was a motion by Director Jones, to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Wellons, unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were again suspend- ed and the Ordinance was placed on its third and final reading, by a motion made and seconded by Directors Dailey and Jones, respectively, which was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. The third and last reading of the Ordinance subsequently resulted in the taking of an Aye and No Vote on the passage of the Ordinance, with the vote response being: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was there- fore, announced that the Ordinance had PASSED. Presented for consideration at this time was Resolution No. 5,796, entitled: A RESOL&IC0APPROVING RECOMMENDATIONS OF THE CENTRAL ARKANSAS COMPREHENSIVE EMPLOYMENT TRAINING ACT ADVISORY COUNCIL AND REALLOCATING CETA FUNDS; AND FOR OTHER PURPOSES; ($10,000 to provide Vocational Training - Requested by Lonoke County Judge Don Spence) with the Resolution being read in its entirety. There was a motion by Director Keith, seconded by Director Jones, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. _ Mr.' Robert G.;Bray, Executive Director of the Little Rock Port Authority expressed wholehearted support'of the proposed downtown exhibit hall and sports arena, and advised the Board of Directors that the Port.Authority is currently preparing plans for development -of new water front facilities, possibly including slack water harbor, which will involve capital expenditures requiring public financing. At this time, Mayor Mehlburger announced that the Board of Directors would recess for a ten- minute period. At 8:20 o'clock P. M., the Board of Directors reconvened with Mayor Mehlburger presiding, and the rollowing Board Members answering roll call: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. The last matter to come before the Board of Directors was the recent dismissal of Mr. John Preston, as director of the Museum of Science and Natural History at MacArthur Park, by the Board of Trustees of the Museum of Science and History. A large delegation was in attendance in support of Mr. Preston and ' also, the Board of Trustee's action of dismissal. Therefore,.a Public Hearing was conducted and both sides of the issue were discussed at length. The first person to be heard was Dr. Dolph Moore, a member of the Board of Trustees of the Museum of Science and History. He explained that the action taken to dismiss Mr. Preston was due to "refusal to implement goals and directives." Other members speaking were Dr. Gary Heidt, Mr. Thomas Foti, Mr. Jim Gadberry, Mrs. John C. Davis, Jr. and Ms. Annie Abrahams, all agreeing that Mr. Preston lacked "management skills." Approximately one hundred citizens appeared in support of Mr. Preston. Mr. P. D. Gathright was the first to praise Mr. Preston and the educational SEPTEMBER 6, 1977, Cont'd. 1111111 program he has conducted during his eight years at the Museum commenting, "he'st: the greatest thing that's happened to that place since MacArthur was born there." Others speaking in support of Mr. Preston were: Attorney Virginia Atkinson, Mrs. Phyllis Brandon, past president of the Parent Teachers Associatill , Mr. Paul Morriss, former vice - chairman of the Board of Trustees of the Museum of Science and Natural History, Mr. Lynn Wassell, architect and past president of the Museum Board, Mr. Jim Morgan of the A. 0. Smith Corporation, Mrs. Vicky Allen, former employee of Mr. Preston, and Mr. Charles Johnston, president of First Federal Savings & Loan Association. Some members of the Board of Directors were of the opinion that since they appoint members to the Museum's Board of Trustees; that the matter should be resolved between Mr. Preston and the Museum Board, instead of appealing to the Board of Directors to finalize the controversy. A proposed Resolution was discussed which would establish a moratorium on any final action pertaining to the position of Director of the Museum for a period of sixty days, with continuation of salary for Mr. Preston; appoint a Mediation Committee to study the structure, duties, authority and responsibilities of the Board of Trustees and also its relationship to, as well as governing personnel of the Museum, to include Mr. Tad Phillips, Mr. Lynn Wassell, Mr. Ronald May, Mrs. Jane Faust, Dr. Gary Heidt and Mr. Robert Chowning. Also, the proposed Resolution requested the Arkansas Arts Center to instruct its administrative staff to study, establish and recommend budgetary and accounting procedures for the Museum of Science and Natural History. With No further discussion, the Resolution, No. 5,797, was then read and entitled: I A RESOLUTION PERTAINING TO THE MUSEUM OF SCIENCE AND NATURAL HISTORY; AND FOR OTHER PURPOSES; with there being a full reading of the Resolution, after which there was a motion by Director Keith, seconded by Director Castleman, for adoption of the Resolution. A roll call was taken and the Resolut adopted as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Castleman and Jones - total 4; Noes - Directors Dailey, Linkous and Wellons - total 3 As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Wellons, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:30 o'clock P. M., to meet again in regular session on Tuesday, September 20, 1977 at 7:30 o'clock P. M. ATTEST: a/,rt i (Z;o;r— APPROVED: City Clerk Mayor Board of Directors Chamber Little Rock, Arkansas September 20, 1977 - 7:30 P. M. The Board of Directors of the City of.Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and City Clerk Jane Czech, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; 'Absent - None. ' It was announced that a quorum was in attendance, and the following is an accounting of the proceedings: The Invocation was given by Director Linkous. Presented first was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on September 6, 1977. (b) Resolution No. 5,798, entitled: A RESOLUTION EXTENDING A FRANCHISE TO SIGHTSEEING UNLIMITED, INC.; AND FOR OTHER PURPOSES; (c) Resolution No. 5,799, described as: A RESOLUTION AUTHORIZING AN-INTERLOCAL AGREEMENT WITH PULASKI COUNTY FOR JOINT PURCHASING PURPOSES;. AND, FOR OTHER PURPOSES; (d) Resolution No. 5,800, with the title being: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR DEMOLITION AND SITE CLEARANCE OF CONDEMNED STRUCTURES AND FOR THE PURCHASE OF COMPUTER HARDWARE; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (e) Resolution No. 5,801, containing the following title: A RESOLUTION COMMENDING MR. CHARLES R. COOKE; By motion of Director Linkous, seconded by Director Dailey, and a roll call vote with all members present voting Aye, the Consent Items were dispensed with as follows: (a) The minutes were approved as written and summarized to the Board of Directors; (b) Resolution No. 5,798 was read in full and adopted; (c) Resolution No. 5,799 was read in full and adopted; (d) Resolution No. 5,800 was read in time: Z -3151 - From David A. Cox, to rezone 5601 West 65th Street, described as the southwest corner of West 65th Street and Woodson Road, from "A" One- family District to "F" Commercial District. Z -3157 - From C. J. Cropper, Agent for Thomas Allen, to rezone 10014 West Markham Street (see petition for sketch and legal description), from "A" One - family District to "E -1" Quiet Business District. Z -3156 - From.Dr. W. Ii. Woods, to rezone 1400 -1402 High Street, described as Lot 12, Block 15, Centennial Addition, from "C" Two- family District to "F" Commercial District. As there was no opposition presented to the rezoning of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,339, as follows) Ordinance No. 13,339 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time Director Linkous advised the Board, that due to a conflic of interest, he would not be voting on the reclassification of this property. The rules were then suspended to allow for the second reading of the Ordinance, by a motion made by Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and full and adopted; and (e) The following Zoning Resolution No. 5,801 was Petitions, as approved by read in full and adopted. the Planning Commission, this were presented at time: Z -3151 - From David A. Cox, to rezone 5601 West 65th Street, described as the southwest corner of West 65th Street and Woodson Road, from "A" One- family District to "F" Commercial District. Z -3157 - From C. J. Cropper, Agent for Thomas Allen, to rezone 10014 West Markham Street (see petition for sketch and legal description), from "A" One - family District to "E -1" Quiet Business District. Z -3156 - From.Dr. W. Ii. Woods, to rezone 1400 -1402 High Street, described as Lot 12, Block 15, Centennial Addition, from "C" Two- family District to "F" Commercial District. As there was no opposition presented to the rezoning of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,339, as follows) Ordinance No. 13,339 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time Director Linkous advised the Board, that due to a conflic of interest, he would not be voting on the reclassification of this property. The rules were then suspended to allow for the second reading of the Ordinance, by a motion made by Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and SEPTEMBER 20, 1977, Cont'd. of the Ordinance, followed by a motion again made and seconded by Directors Keith and Dailey, respectivE ly, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven -in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and No roll call vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Abstaining - Director Linkous - total 1; Absent - None. The Ordinance was declared PASSE The next matter to be considered was Ordinance No. 13,340, described as: AN ORDINANCE PROVIDING FOR THE INCLUSION OF -A PLANNED UNIT DISTRICT IN SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. In a brief statement, Director Jones advised the.Board that she supports the proposed Ordinance, but takes exception to the final draft of "Section 43 -48.11 - Definitions - - - - 'Incidental Neighborhood Convenience Commercial /Quiet Office' which states, `tSuch areas shall be generally surrounded by-the planned unit development and have no establishment exceeding 5,000 square feet in,gross leasible area. "' The original recommendation was for only 3,000 square feet. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Wellons, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and twos- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing motion was made by Director Linkous, seconded by Director.Keith, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and there was a -third and last reading of the Ordinance, with the response described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons,.Castleman and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared.to have been PASSED. Presented at this time was Ordinance No. 13,341, entitled: AN ORDINANCE SETTING APPLICATION FEES FOR PLANNED UNIT DEVELOPMENT SUBMITTALS TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with the Ordinance being read the first time.. The rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Keith, seconded by Director Wellons and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. There was a second reading of the Ordinance and an ensuing motion,.made�by Director Keith, seconded by Director Dailey, to again suspend the rules to allow for the third and last reading -of the Ordinance, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The third and last readin of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance, and recorde as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - Norie. Whereupon, the Ordinance was declared PASSED.. Introduced at this time was the Petition of the Arkansas Childrens Hospital, requesting the and closing of that portion of Wolfe Street lying south of 8th Street,and north of 9th Street, and - lying - between Blocks 2 and 3 of Faust's Addition and Blocks 2 and 3 of Marshall and Wolfe's Addition, to the City.of Little Rock, Pulaski County, Arkansas, said petition having been approved by�the Little Rock Planning Commission. Attached to the petition was a certified copy of the plat of Marshall and Wolfe's Addition and Faust's Addition, as recorded in the Office of the Pulaski County Circuit Clerk; and a letter from Little Rock Abstract Company certifying to the last apparent owners of record of property abutting the portion of Wolfe Street, to be closed. (See Resolution No. 5,802 as follows, which sets th date•of Public Hearing for 7:30 o'clock P. M., Tuesday „October 18,-1977.) V C L 1467 SEPTEMBER 20, 1977, Cont'd. - Then presented was Resolution No. 5,802, described as: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS,`SETTING THE DATE OF HEARING ON THE PETITION OF ARKANSAS CHILDRENS HOSPITAL TO'VACATE A PORTION OF WOLFE STREET "LYING SOUTH OF 8TH STREET, NORTH OF 9TH STREET, AND LYING- BETWEEN-BLOCKS 2 AND 3 OF FAUST'S ADDITION AND BLOCKS 2 AND 3 OF MARSHALL AND WOLFE'S ADDITION, LITTLE ROCK, ARKANSAS; with said Resolution being read in full and-thereafter adopted upon motion of Director-Linkous, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes' - None; Absent - None. Presented for consideration at -this time was a Petition from James C. Becknell, Jr. and Carol M. Becknell, property owners of Lots 7, 8 and 9, Block 364, Original City of Little Rock, Arkansas, by Attorney Charles Matthews,-for the formation of Central Business Improvement District No. 2 (Union Station). Included with the Petition was -an Abstractor's Certificate from Beach Abstract & Guaranty Company stating the total assessed value of all real property in the proposed- district to-be $118,600.00. As a Public Hearing had been designated for this time and place, with notice thereof having been duly published on September 6, 1977 and September 13, 1977, as required by Law, Mayor Mehlburger declared the Public Hearing to be open. However, since there was no one present who wished to address to the issue -, the Public Hearing was declared closed and a proposed Ordinance was placed on first reading. (See Ordinance No. 13,342, as follows) Ordinance No. 13,342, was considered and described as: - - AN ORDINANCE ESTABLISHING THE CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 2 (UNION STATION) OF THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time.- A motion was then made by Director "Linkous, seconded by " Director Wellons, to suspend the rules and place the Ordinance on its second reading. 'The motion was adopted by unanimous vote of the Board Members present, being seven in number and.nio- thirds or more " of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were again suspended to allow for the third and final reading of the Ordinance at this time by a motion made by Director Linkous and again seconded by Director Wellons',-and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of:,the members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an,Aye and No Vote on the passage of the Ordinance, which resulted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors - Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. " Next to be considered was Resolution No: "5,803, with the title being: A RESOLUTION ACCEPTING AN OFFER 14ADE BY NORTH•AMERICAN METALS TO BUY A TRACT OF LAND IN THE'LITTLE ROCK PORT INDUSTRIAL PARK DISTRICT; AUTHORIZING THE -MAYOR AND CITY CLERK TO-SIGN A WARRANTY-DEED IN FAVOR OF NORTH AMERICAN METALS UPON PAYMENT OF THE TOTAL PURCHASE PRICE AND FOR "OTHER PURPOSES; (6.065 Acres - Purchase Price $121,300.00) with said Resolution being read in full and thereafter adopted "upon motion of Director Wellons, seconded 'by Director Castleman, and the following roll call vote: Ayes - Directors - Keith, Dailey, Mayor Mehlburger Directors Linkous,'Wellons, Castleman-and Jones - total 7; Noes - None; Absent - None. " Mayor Mehlburger announced that this was the time and place for a Public Hearing on the matter'of issuance of $2,000,000 Industrial Development Revenue Bonds, under Act 9 of the General Assembly of the State of "Arkansas, for North American Metals, Inc. Notice of the Public Hearing had been duly published ' on September 8; 1977. There was no-one present to 'speak either for, or against the issue, and Mayor . Mehlburger declared the Public Hearing.closed and a proposed'Ordinance was placed'on first reading. (See Ordinance No. 13,343, below) AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT'NO. 9 OF THE FIRST EXTRAORDINARY'SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY OF THE STATE.OF ARKANSAS, APPROVED SEPTEMBER 20, 1977, Cont'd. JANUARY 21, 1960, AS AMENDED, FOR THE PURPOSE OF PROVIDING INTERIM AND PERMANENT FINANCING OF THE COSTS OF SECURING AND DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE); AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIB- ING OTHER MATTERS PERTAINING TO THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF THE INDUSTRIAL PROJECT AND THE FINANCING THEREOF; AND DECLARING AN EMERGENCY; which Ordinance was read the first time. The rules were suspended at this time to allow for the second reading of the Ordinance by a motion made by Director Wellons, seconded by Director Linkous and unanimous adopted by the Board Members present, being seven in number and two -- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; after which there was a motion from Director Linkous to further suspend the rules and place the Ordinance on its third and final reading The motion received a second from Director Dailey and unanimous adoption by the Board Members present, being seven in number and two- thirds or more of the members df the Board of Directors - elect. Upon third and last reading of the Ordinance, there was an ensuing Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 8 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency Section had PASSED. In conjunction with the above - described Ordinance, Ordinance No. 13,344 was presented, containing following title: AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR AND NORTH AMERICAN METALS, INC., AS LESSEE IN SUBSTANTIALLY THE FORM AND WITH THE CONTENTS SET FORTH AND MADE A PART OF THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and after a first reading of the Ordinance, the rules were suspended to allow for the second reading by a motion made by Director Wellons, seconded by Director Linkous and adopted by unanimous vote of the Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, and an ensuing motion was made by Director Linkous, seconded by Director Dailey to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a unanimous voice vote of the Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was therefore, read the third and last time. The passage of the Ordinance was then submitted to an Aye and No roll call vote, which resulted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous., Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency Section included in Section 5 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section was declared PASSED. The next presentation was Ordinance No. 13,345, entitled: AN ORDINANCE AUTHORIZING THE PUBLIC'-SALE,OFOAIRPORT REVENUE BONDS IN THE PRINCIPAL AMOUNT OF $500,000; AND DECLARING AN'EMERGENCY; which Ordinance was read the first time. The rules were suspended and the Ordinance placed on its second reading by a motion made by Director Dailey, seconded by Director Jones, and unanimously adopted by a voice vote of the members of the Board of Directors present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time. The rules were again suspended to allow for the third and final reading of the Ordinance at this time by a motion made and seconded by Directors Keith and Dailey, respectively, and unanimously adopted by the Board y _ 69 SEPTEI4BER 20, 1977, Cont'd. 4 Members present, being seven in number and two- tnirds:or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Accordingly, it was announced that the Ordinance, together with the Emergency Section had PASSED. Ordinance No. 13,346 was presented next, with the title being: AN ORDINANCE APPROPRIATING GENERAL OBLIGATION IMPROVEMENT BOND FUNDS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. A motion followed from Director Linkous, seconded by Director Dailey, for a suspension of the rules to allow for the second reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors =elect; and the second reading of the Ordi- nance ensued. A subsequent motion was made at this time by Director Keith, seconded by Director Dailey, to again suspend the rules and place the Ordinance on its third and final reading;.with the motion being unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. The Ordinance was read the third and last time; after which, there was an Aye and No Vote taken on the passage of the Ordinance, resulting as 'herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None, Absent - None. Therefore, the Ordinance was declared PASSED. Then presented was Resolution No. 5,804, entitled: - A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND CAMPBELL TAGGART, INC. PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT.REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and said Resolution was read in full. A motion was made by Director Keith, seconded by Director Wellons, for adoption of the Resolution and subsequently submitted to a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. There was presented Resolution No. 5,805, described as: A RESOLUTION AMENDING GUIDELINES IN THE COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM; AND FOR OTHER PURPOSES; with said Resolution being read in its entirety and subsequently adopted upon motion of Director Keith, seconded by Director Jones, and by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None`; Absent - None. Resolution No. 5,806 was presented, entitled: A RESOLUTION GRANTING A PERMANENT EASEMENT TO TEXAS EASTERN TRANSMISSION CORPORATION FOR A PIPE LINE IN THE LITTLE ROCK PORT INDUSTRIAL PARK; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAID EASE - MINT IN FAVOR OF TEXAS EASTERN TRANSMISSION CORPORATION; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety. A motion then followed from Director Linkous, seconded by Director Dailey, that the e - Resolution be adopted. 'A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. I Y AN SEPTEMBER 20, 1977, Cont'd. Resolution No. 5,807 was introduced next, with the description being: A RESOLUTION GRANTING A PERMANENT EASEMENT TO TEXAS EASTERN TRANSMISSION CORPORATION FOR A PIPE LINE IN THE LITTLE ROCK SEWER TREATMENT PLANT PROPERTY; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A;'0 SAID EASEMENT IN FAVOR OF TEXAS EASTERN TRANSMISSION CORPORATION; AND-FOR OTHER PURPOSES; and said Resolution was read in full. Director Linkous then made a motion which was seconded by Directo Dailey that the Resolution be adopted. The resulting roll call vote then provided for adoption of the Resolution as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The next matter to be considered was Resolution No. 5,808, with the title being: A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING; PROVIDING FOR NOTICE AND PUBLICATION OF THE CITY' INTENTION TO CONSIDER THE ZONING OF CERTAIN PROPERTY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Property located at Woodland Heights and Rodney Parham Roads - Proposed Zone: "A" One- family District; Public Hearing set for October 18, 1977 at 7:30 P. M.) and the Resolution was read in its entirety. Director Linkous questioned City Attorney Joseph Kemp regarding the Board's authority to zone property in and outside the corporate city limits. Mr. Kemp referred to authority under enabling legislation, Section 19- 2804.2. Director Linkous then made a motion to amend the Resolution "to exercise our authority given to us under the Statutes that allows us to have jurisdiction in this matter, return this to the Staff for the next Planning Commission Agenda and after they have dealt with it, send it back to this Board, in the event the Courts have lifted restraining order to allow further development. We then can deal with this matter within our jurisdiction and power." The motion was seconded by Director Dailey, with the results recorded as follows; Ayes - Director Linkous - total l; Noes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Absent - None. The motion therefore, FAILED of adoption. A subsequent motion was then made by Director Castleman, seconded by Director Jones, that the Resolution be adopted. The resulting roll call vote provided for adoption of the Resolution as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - Director Linkous - total 1; Absent - None. J Resolution No. 5,809 was presented, described as: DIX or a A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE?APPROPRIATE ACTION, INCLUDING THE y s° INSTITUTION OF LITIGATION, TO PROTECT THE INTEREST OF THE CITY OF LITTLE ROCK AS SUCH PERTAINS TO THE �o DEVELOPMENT OF CERTAIN PROPERTY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, there was a motion by Director Jones, seconded by Directo Castleman, for adoption of the Resolution. A roll call was taken and the Resolution was subsequently adopted as herein described: Ayes - Directors Keith, Dailey, Mayor Mefi b rger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 2 of the foregoing Resolution was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, . Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was announced that the Resolution, .together with the Emergency Section had been ADOPTED. The last Resolution, No. 5,810, to be considered was entitled: 6ay� ry A RESOLUTION GIVING NOTICE OF INTENT TO EXERCISE ZONING JURISDICTION; AND FOR OTHER PURPOSES; with the Resolution being read'in its entirety. A motion then followed from Director Jones, seconded by Director Keith, that the Resolution be adopted. A roll call was taken and the Resolution was adopted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. SEPTEMBER 20, 1977, Cont'd. At this point, Mayor Mehlburger invited anyone wishing to express a viewpoint to the Board of Directors to come forward at this time. Mr. Robert Swaty of 4401 Elam Street in the John Barrow Additio was the first person to speak. He requested that funds be appropriated to provide water and sewer service to some one - hundred homes in the John Barrow Addition. He advised that he and other residents had attempted for three years, to form an improvement district for water and sewer service, but the tax base of the area was not large enough to support an improvement district. Mr. Willard Johnson, a member of the Planning Commission and also,' a resident in this area, displayed a map showing the lots in John Barrow Addition which are without City service. Mr. Johnson advised the Board Members that these residents were promised water and sewer service when their area was annexed sixteen years ago. Director Linkous requested that information on all areas of the City lacking water and sewer service be prepared and presented to the Board of Directors. Mr.Sswaty requested the Board to consider using some of the bohdrmoney approved last year to get water and sewer lines for John.Barrow Addition. The Board of Directors requested City Manager-Carleton McMullin to study the problems in the John Barrow Addition and similar prob�le.ms anywhere else in the City and report back to the Directors. The last discussion was regarding'an amendment to the proposed Privilege Tax Ordinance, now being considered by the Board of Directors. There had been three categories proposed for space rental, but DirectorsJones made a motion that this section "include only two categories --- .Office, Retail and Residential Space at $10.00 per 1,000 square feet; and Wholesale /Industrial Space at $6.00 per 1,000 square feet." Director Dailey seconded the-motion, which was submitted to a roll call vote and ADOPTED as follows: Ayes —Director Dailey, Mayor Mehlburger, Directors Linkous; Wellons.and Jones - total 5; Noes - Directors Keith and Castleman - total.2; Absent - None. Director Wellons suggested that the Staff take a look at Kelly and Manpower Services, with a proposed fee of $1.00 per employee. As there was no further business to be presented or to come before the Board of Directors,.upon motion of Director Linkous, seconded by Director Keith, and unanimously adopted by the.Board Members present, the meeting was adjourned at 9:20 o'clock P. M. to meet again on Tuesday, October 4, 1977 at 7:30 o'clock P. M. ATTEST: ly�( `-[�V� APPROVED: Qa City Clerk Mayor W 4'721111 Board of Directors Chamber Little Rock, Arkansas October 4, 1977 - 7:30 P. M. , The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Dailey, Linkous, Wellons, Castleman and Jones - total 5; Absent - Director Keith - total 1. As there was a quorum in attendance, it was so announced and the following proceedings occurred: The Invocation was given by Director Wellons. Presented first was the Consent Agenda, which included the following items: (a) The reading of the minutes of the previous meeting held on September 20, 1977. (b) Resolution.No. 5,811, entitled: A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR WATERPROOFING CITY HALL; EXTENDING A SERVICE CONTRACT FOR COMMUNICATION EQUIPMENT MAINTENANCE; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (c) Resolution No. 5,812, entitled: , A RESOLUTION AUTHORIZING CONTRACTS FOR ARCHITECT /ENGINEERING SERVICES FOR ECONOMIC DEVELOPMENT ADMINISTRATION LOCAL PUBLIC WORKS PROGRAMS; AND FOR OTHER PURPOSES; (d) Resolution No. 5,813, entitled: A RESOLUTION ENCOURAGING THE ARKANSAS HIGHWAY DEPARTMENT TO GIVE CONSIDERATION TO THE PLANNING AND DEVELOPMENT OF BUS TRANSIT FACILITIES ON THE FREEWAY SYSTEM OF THE METROPOLITAN AREA; AND FOR OTHER PURPOSES; (e) Resolution No. 5,814, entitled: A RESOLUTION AUTHORIZING THE SIGNALIZATION OF THE INTERSECTION OF LEE AND VAN BUREN STREETS IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (f) Resolution No. 5,815, entitled: A RESOLUTION AUTHORIZING SUBGRANTS TO CERTAIN AGENCIES OF COMPREHENSIVE EMPLOYMENT TRAINING ACT TITLE I FUNDS; AND FOR OTHER PURPOSES; (g) Resolution No. 5,816, entitled: A RESOLUTION EXPRESSING THE INTENT OF THE INTENT OF THE CITY OF LITTLE ROCK TO PARTICIPATE IN A COOPERATIVE PURCHASE PROGRAM WITH CERTAIN LOCAL GOVERNMENTAL ENTITIES; AND FOR OTHER PURPOSES; (h) Resolution No. 5,817, entitled: A RESOLUTION EMPLOYING AUDITORS FOR THE COMPREHENSIVE EMPLOYMENT TRAINING ACT PROGRAM FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; The reading of the minutes of the meeting of September 20, 1977 was dispensed with and said minutes were approved as written and summarized to the Board of Directors; and Resolutions No. 5,811, 5,812, 5,813, 5,814, 5 %815, 5,816 and 5,817 were read and subsequently adopted, upon motion of Director Linkous, seconded by.Director Dailey, and by the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. The next matter to be considered Was Resolution No. 5,818, with the title being: A RESOLUTION AUTHORIZING AND DIRECTING THE APPEAL OF LITTLE ROCK CIVIL SERVICE COMMISSION RULINGS IN DISCIPLINARY MATTERS INVOLVING POLICE OFFICERS GARY EVANS AND ARTHUR NUGENT; AND FOR OTHER PURPOSES; with the Resolution being read in full. A large delegation of concerned citizens was present to speak regarding „;the July 4, 1977, high speed chase that ended in the death of Edward Jones, Jr., involving officers Evans and Nugent. The two officers were fired for violating the Police Department's "deadly 473 OCTOBER 4, 1977, Cont'd. force" plicy, but appealed their firings to the Civil Service Commission. The Civil Service Commission overruled the firings and the two officers were reinstated. Director Castleman was the first person to speak, and felt that the issue should be resolved in the form of an appeal to the Circuit Court of ' Pulaski County. Mr. Paul Scott, a free lance photographer, speaking as a private citizen, took issue with Director Castleman, stating that "the Police Department is basically sound and the matter should not be appealed." Speakers supporting the Resolution were: Attorney John Walker who said the Civil Service Commission action would encourage more police brutality and suggested the establishment of a Civilian Review Commission and removal of the Civil Service Commissioners who voted for reinstatement; Mr. Austin Porter of College Station; Attorney Christopher Mercer who strongly encouraged adoption of the Resolution; Mrs. Erma Hendrix; Attorney P. A. Hollingsworth; State Senator Jerry Jewell; Rev. Harry Bass; State Representative W. H. Townsend; and Mr. Jeffrey Hawkins. Director Jones advised that to her, "the issue is not color, but my concern is knowledge of rules and regulations; and that the officers have a duty to know the Department's policy about using deadly force." Director Dailey commented that he had to rely on the good judgmept of the Civil Service Commissioners, who-are appointed by the Board of Directors. Director Linkous told the Board that "this matter involves policy, we cannot try and convict without hearing the testimony, which we have not heard; we must know what the policies are; we are dealing with ' a Commission appointed by this Board which is statutory in nature; and I'feel that we should!begin to meet, discuss and be sure that the policies of the Police Department are the policies of this Board." After discussion, a motion followed from Director Wellons, seconded by Director Jones:; which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 4; Noes - Directors Dailey and Linkous - total 2; Absent - Director Keith - total 1. In conjunction with the above subject, Director Linkous moved that a Resolution be considered to underwrite the legal expenses of Officers Evans and Nugent. When asked about the legality of the proposal, City Attorney Joseph Kemp, advised that it would be totally inconsistent, but that is not to say it would be illegal. After brief discussion, it was agreed that Director Linkous would place the Resolution on a later Agenda for consideration. At this point, Mayor Mehlburger announced there would be a ten minute recess of the Board of Directors. The Board of Directors reconvened at 9:15 o'clock P. M. with Mayor Mehlburger presiding and Jane Czech, City Clerk, with the following Directors answering roll call: Directors Dailey, Linkous, Wellons, Castleman and Jones - total 5; Absent - Director Keith - total 1. . Presented for consideration at this time was Ordinance No. 13,347, described as: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1977 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES: and after a first reading.of the Ordinance,.there was a motion from Director Wellons to suspend the rules and place the Ordinance on its second reading. The.motion received a second from Director Jones, and unanimous adoption by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect. There was a second-reading of the Ordinance.and an ensuing motion which again suspended the rules whereby the Ordinance was placed on its third and final reading; with the motion being made by Director Jones, seconded by Director Dailey, and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance, which is described as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes -None; Absent - Director Keith - total 1. The Emergency Clause contained in Section 3 of Ordinance No. 13,347 was then read and submitted to the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, IF 47 OCTOBER 4, 1977, Cont'd. Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. The Ordinance, together with the Emergency Clause, was then declared PASSED. The next presentation was a proposed Ordinance, containing the following title: I , AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO LICENSE AND PRIVILEGE TAXES; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. Several persons were present to voice opposition to the Ordinance as presented. The first to speak was Mr. Peyton Rice who compared the fee proposed for his employment agency with those in cities of comparable size in the sunbelt region. Mr. Rice feels tha the tax is regressive with his proposed increase amounting to 300 %. Mr. George Bowman presented opposition to the proposed fee for rental of Business or Commercial property, including Housing Units, and offered the following amendment: "$3.75 per 1,000 square feet of office space; $2 50 per 1,000 square feet of residential space; and $1.50 per 1,000 square feet of warehouse /industrial space." Mr. C. V. Barnes requested that the Board consider the alternate proposal presented by Mr. Bowman, and asked for a clarification of Item No. 191. Mr. Richard Stephens of the Little Rock Board of Realtors stated that he supports the above proposal and encouraged "something more definitive." Mr. W. B. Putnam and Mr. Joel Ledbetter, Jr. both concurred with the proposal presented by Mr. Bowman. There was no further discussion or action taken, and the proposed Ordinance remained on the calendar for second reading at the next regular meeting of the Board of Directors. Ordinance No. 13,348 was next presented, with the title being: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF THE FIRST EXTRAORDINARY SESSION OF THE SIXTY- SECOND GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED JANUARY 21, 1960, AS AMENDED, FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING OF THE COSTS OF SECURING AND DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE); AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE ACQUISITION, CONSTRUCTION AND EQUIPMENT THEREOF; AND DECLARING AN EMERGENCY; (Ershigs, Inc. Project) and the Ordinance was read the first time. There was a motion by Director Wellons to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. There was a motion then made by Director Linkous, seconded by Director Dailey, fora further suspension of the rules to permit the third and final reading of the Ordinance at this time, which motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote taken on the passage of the,Ordinance and described as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. The Emergency Clause contained in Section 7 of Ordinance No. 13,348 was read and submitted to the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. It was then announced that the Ordinance, together with the Emergency Clause had been PASSED. In connection with the above - described Ordinance, Ordinance No. 13,349 was presented, containing the following title: AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR AND ERSHIGS, INC., AS LESSEE, IN SUBSTANTIALLY THE FORM AND WITH THE CONTENTS SET FORTH AND MADE A PART OF THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT; PRESCRIBING OTHER MATTERS RELATING - THERETO; AND DECLARING AN EMERGENCY; (Ershigs, Inc. Project) I L73 OCTOBER 4, 1977, Cont'd. and after a first reading of the Ordinance, the rules were suspended to allow for the second reading by a motion made by Director Wellons, seconded by Director Jones.and adopted by unanimous vote of the Directors present, being six in number and two- thirds or more of the members of the Board of Directors- elect. The Ordinance was then read the second time, and an ensuing motion was made by Director Linkous, seconded by Director Dailey to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a unanimous voice vote of the Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was therefore, read the third and last time. The passage of the Ordinance was then submitted to an Aye and No roll call vote, which resulted as follows.: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. The Emergency Section included in Section 5 of the foregoing Ordinance was read-and adopted by the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger,;Directors Linkous, Wellons, Castle- man and Jones - total 6; Noes - None;. Absent - Director Keith - total 1. The Ordinance, together with the Emergency Section was declared PASSED. Ordinance No. 13,350 was presented at this point, entitled: ' AN ORDINANCE PERMITTING THE LITTLE ROCK POLICE DEPARTMENT AND THE LITTLE ROCK FIRE DEPARTMENT TO ENTER, LI14IT AND CONTROL THE AREAS ADJACENT TO THE UNIVERSITY MALL SHOPPING CENTER, LOCATED AT THE NORTHWEST CORNER OF CAPITOL AND UNIVERSITY AVENUES; APPROVING PLAN OF THE AREA SHOWING THE LIMITATIONS AND CONTROLS; PROVIDING FOR THE INSTALLATION OF DEVICES AND SIGNALS; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. Director Linkous commented at this time that "in permitting the passage of this Ordinance, the Board recognizes that others will be coming before us with this request and we do not want to deny them the right, should they choose to do so." There was a motion . at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Castleman, seconded by Director Jones, and unanimously adopted by the Board Members present, being six in number and two - thirds =oramore of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing motion was made by Director Linkous, seconded by Director Dailey, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. An Aye and No vote was then taken on the passage.of the Ordinance, with the response described as follows: Ayes - Director Dailey, Mayor.Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. It was announced that the Ordinance had--,PASSED. Introduced at this time was Resolution No. 5,819, with the title being: A RESOLUTION APPROVING FOURTH YEAR PLANNING PROCESS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND FOR OTHER PURPOSES; with there being a complete reading of the Resolution. Director Jones advised the Board Members that she had received arequest from State Representative Robert Johnston asking that elimination of the Central High and Central Little Rock Areas from the Fourth Year Programs,',Set;delayeL+= Mr: Nathaniel Hill, Director of Human Resources and Director of the Community Development Block Grant Program, told the Board that postponement would be critical insofar as planning is concerned. He pointed out that neighborhood ongoing projects from past years would be funded. Little Rock has received a total grant of ' $4,641,000 for next year, but because of continuing projects, only $1,192,000 will be available for new programs. Of the $1,192',000 available for 1978, the Plan allocates $4001,000 for John Barrow,-.$300,000 for`the Stephens School Area, $300,000 for the Oak Forest Area and $192,000 for South Little Rock, which will be used for public improvements. Several citizens..voiced opposition to deletion of their neighbor- hoods from new programs; and Mr. Willard Johnson of the John Barrow neighborhood, suggested that some so OCTOBER 4, 1977, Cont'd. of the $2,000,000 Revenue Sharing Funds earmarked for annexation might be used for the Sewer Project in that area. There was no further discussion, and a motion was made by Director Wellons, seconded by Director Castleman, for adoption of the Resolution. The ensuing roll call vote then adopted the Resolution as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. Resolution No. 5,820 was next presented, with the title being: A RESOLUTION REPROGRAMMING SECOND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND FOR OTHER PURPOSES; and said Resolution was read in full, and thereafter adopted upon motion of Director Castleman, seconded by Director Jones, and by the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. Resolution No. 5,821 was considered and described as: A RESOLUTION GRANTING A PERMANENT EASEMENT TO THE PUBLIC FOR THE INSTALLATION OF SANITARY SEWER LINES IN KANIS PARK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID EASEMENT; AND FOR OTHER PURPOSES; and said Resolution was read in full. A motion was made by Director Castleman, seconded by Director Linkous, for adoption of the Resolution and subsequently submitted to a roll call vote whereby the Resolution was adopted as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. There was presented Resolution No. 5,822, entitled: A RESOLUTION GRANTING A FRANCHISE TO GREATER ARCHVIEW BAPTIST CHURCH TO PLACE BRACING FOR A RETAINING WALL IN A PORTION OF THE PUBLIC RIGHT OF WAY; AND FOR OTHER PURPOSES; with said Resolution being read in its entirety and subsequently adopted upon motion of Director Castle- man, seconded by Director Jones, and by the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. There had been placed on the Agenda, a Resolution entitled: "Authorizing the Acceptance of a Right -of -Way Dedication Deed from Willis V. Lewis on Certain Property Situated in Hopson and Sachs Subdivision in the City of Little Rock; And for other purposes." There was no action taken and the matter was deferred until the next regular meeting of the Board of Directors on October 18, 1977. The last Resolution,;tbiibeicou § ideted_-- ;'Nq.-L5,i823; contained the following title: A RESOLUTION IN SUPPORT OF THE ARKANSAS POWER AND LIGHT COMPANY'S PETITION BEFORE THE INTERSTATE COMMERCE COMMISSION TO ESTABLISH JUST AND REASONABLE RAILROAD FREIGHT RATES; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, there was a motion by Director Linkous, seconded by Director Dailey, for adoption of the Resolution. A roll call was taken and the Resolution was sub- sequently adopted as herein described: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - 'total 6; Noes - None; Absent - .Director Keith - total 1. At this time, it was brought to the Board's attention that a portion of West 16th Street in Block 8, Bateman's Subdivision of Cherry & Cox Addition to the City of Little Rock, had been closed by Ordinance No. 13,331, passed September 6, 1977. A letter from Standard Abstract and Title Company certifies that abutting property owners are Dermon T. Burchfield and Theodore Jenkins and wife, Bobbie J however, Mr. Burchfield did not sign the petition requesting the closure of this portion of West 16th Street. The Jenkins' were advised by the Community Services Department to petition for the closure as sole petitioner since the entire 20 foot dedication was platted with Bateman's Subdivision. Mr. Burch- field opposes the street closure and City Attorney Joseph C. Kemp, advised the Board of Directors that Ordinance No. 13,331 is illegal, due to the fact that Mr. Burchfield did not sign the petition. Follow- ing the discussion, it was agreed to place an Ordinance on the October 18th Agenda to consider this -0/ MW OCTOBER 4, 1977, Cont'd. street closure under State Statute 19 -2304. There being no further business to be presented or to come before the Board of Directors, upon ' motion of Director Linkous, seconded by Director Dailey, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:30 o'clock P. M. to meet again in regular session on Tuesday, October 18, 1977 at 7:30 o'clock P. M. (`?ATTEST: APPROVED: /!?.2/ � . V City Clerk Mayor 71 rv/ 47 Board of Directors Chamber Little Rock, Arkansas. October 18, 1977 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones -- .total 6, Absent - None. It was announced that a quorum was in attendance, and the following is an accounting of the proceedings;:. The Invocation was -given by Director Wellons. The first presentation was the - Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held on October 4, 1977. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for August, 1977. (c) The Quarterly Financial Report for the City of Little Rock, Arkansas, ending September 30, 1977. (d) Motion to reschedule the first meeting in 'December of the Board of Directors, on December 1, 1977 at 7:30 P: M. (e) Resolution No, 5,824, entitled: A RESOLUTION AMENDING IN PART RESOLUTION NO. 5,421 PERTAINING TO ORGANIZATIONAL STRUCTURE;'AND FOR OTHER PURPOSES; (f) Resolution No. 5,825, with the title being: A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR REMODELING OF- LITTLE R6CK PUBLIC LIBRARY RESTROOMS FOR ACCESSIBILITY OF THE HANDICAPPED; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; (g) Resolution No. 5,826, described as: A RESOLUTION ACCEPTING THE REPORT OF THE MEDIATION COMMITTEE PERTAINING TO THE MUSEUM OF SCIENCE AND NATURAL HISTORY; AND FOR OTHER PURPOSES; By a motion from Director Linkous, seconded by Director Castleman; which was adopted by unanimous vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes.of the previous meeting were approved as written,and summarized to the members of the Board of Directors; (b & c) The Comparative Statement and Quarterly Financial Report were received and filed; (d) The first Board Meeting in December was scheduled for December lst at 7:30 P. M.; and (e, f & g) Resolutions No. 5,824, 5,825 and 5 ;826 were read in'full and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Ordinance No. 13,351 was-presented, with the title being: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND MAKING THE SAME A PART OF THE CITY OF LITTLE ROCK; (Approximately 1,291 acres located in the area of Markham Street, Rock Creek Parkway and west of Bowman Road - pursuant to Court Order dated August 23, 1977, and approved by the Little Rock Planning Commission) with there being a first reading of the Ordinance. There was a motion at this -time from Director Well seconded by Director Keith, to suspend the rules and place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion made and seconded by Directors Linkous and Jones, respectively, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. Y 1 d . L71 OCTOBER 18, 1977, Cont'd. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described; Ayes •- Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones , total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 13,352, entitled: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF LITTLE ROCK, ARKANSAS; (Approximately-38.2 Acres located on both sides of Chicot Road, running north from Interstate 30 - pursuant to Court Order dated May 24,"1977, and approved by the .Planning.Commiss on) and the Ordinance was read the first time. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Wellons, seconded by Director Keith, and unanimously adopted by the Board Members - present, -being seven.in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read -the second time, and an ensuing motion was made by Director Linkous, seconded by Director Jones to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more.of theamembers of,the.Board of Directors - elect; and there was a third and last reading of the Ordinance. An Aye and No Vote was then 'taken on the passage of the Ordinance, with the .response described as follows :_ Ayes - Directors Keith, _ Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones- total 7; Noes = None; Absent - None. Accordingly, it was announced that the Ordinance had PASSED. The next matter to be considered was Zoning Petition No. Z -3168 submitted -as Little Rock Planning Commission Action, to zone various lands annexed by the passage of- Ordinance.No: 13,351,.and.located in the area of West Markham Street, Rock Creek Parkway and west of Bowman - -Road ;.to "B" Residence District, "C" Two - family District,`MF'12 ". -and "MF 18" Multi- family.Districts, : "D "-Apartment District, "E -1" Quiet Business District, "F" Commercial District and "I"-Light Industrial District. -.A group of.opponents was;;;, present to speak to the issue of what is believed to be the largest zoning,plan ever' considered by the City. Mayor Mehlburger, due to a conflict of interest, requested Vice Mayor Dailey to preside during this portion of the Meeting., Vice Mayor Dailey explained. the policy for` hearing Zoning Matters, and Mr. Edward Lester, Attorney for approximately eighty percent`of the-landowners was.the first to speak. Mr. Lester explained that 'this proposal ' is -a.broad base :zoning plan that is seven .years old. It includes dedications for street, sewer, water and park purposes with.consent for architectural control.by a ' Committee to be selected by the Little Rock Planning Commission. He stated the zoning plan is reasonable and requested favorable consideration. Those speaking in opposition to.the proposed Plan were: "Mr. Russe 11 Meeks, Attorney for Mr.-W. P. Spotts, whose eighty acres is zoned "A'- '.One- family and surrounded by multi- family districts; Attorney Bob Lewis, representing himself and owning ten acres in the middle of the area, stated that he had a problem with ingress and egress and requested that -'the Ordinance• "not be passed tonight "; Mr. Curtis Cope of 13025 West Markham Street is opposed to large commercial zoning down Markham Street; and, Mr. George Davis spoke in agreement with Mr. Cope. .Mrs. Betty Schenck, a member of thelittle Rock Planning Commission, and one-of the-four Commission Members who voted "No" on the Zoning Plan, was present and wished to address the Board. Director - Wellons was.opposed and strongly - objected -to any member of a City - Commission bringing a minority report to the Directors, and said that Mrs. Schenck was "out of order." Director Castleman felt strongly that any person, regardless of their position, had a right to be heard. At this point, a roll call was taken on whether or not Mrs. Schenck should be heard regarding this zoning proposal, with the results recorded as follows: Ayes-- Directors Dailey, Castleman and Jones - total 3; Noes - Directors Keith, Linkous and Wellons - total 3; Abstaining - Mayor Mehlburger - total 3; Absent - None.. Therefore,- Mrs.-Schenck did not address the Board regarding the issue. Further comments were made by Director Keith who stated the proposed Plan is a tailored plan and progressive movement, and :Director Jones voiced agreement with the "Architectural Review"-concept. There was no further discussion and the following proposed Ordinance was presented, entitled: OCTOBER 18, 1977, Cont'd. AN ORDINANCE CLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; which Ordinance was read the first time. There was a motion from Director Keith, followed by a second from Director Wellons, to suspend the rules and place-the Ordinance on second reading. A roll call was taken on the suspension of the rules with the results recorded as follows: Ayes - Directors Keith and Wellons - total 2; Noes -- Directors Dailey, Linkous, Castleman and Jones - total 4; Abstaining - Mayor Mehlburger - total 1; Absent - None. The proposed Ordinance therefore, remained on the calendar for second reading. At this point, Mayor Mehlburger continued to preside over the Meeting. Presented at this time was Zoning Petition No. Z -3150 by Attorney Allen W. Bird, II, for Joe E.,. James A., Joe R., Ora M. and W. L. Thomas, and Caroline Thomas Buchholz, to classify land in parts of Section 35 and 36, Township 1 North, Range 13 West, described as beginning at the intersection of the west right -of -way line of Chicot Road and the north right -of -way line of Interstate Highway 30 (see petition for long legal description), to "G -1" Commercial and "ME 18" Multi - family Districts, approved by the Planning Commission on September 27, 1977. Mr. Bird presented the zoning request and reviewed zoning in the surrounding area. Mr. Ralph Eberly of 7500 Denise Drive opposed the rezoning of this 38.2 acres, stating the development would cause noise, filth, law - breaking and property devaluation, adding that "MF 18" apartments deteriorate a neighborhood. He further stated the property owners had asked for a 75 ft. green strip and that Denise and Debra Drives be left as dead -end streets, but there had been no commitment from the owners. Director Keith made a motion to refer the matter back to the Planning Commis for their further recommendation, but the motion failed for lack of a second. The proposed Ordinance was then presented, with the title being: AN ORDINANCE CLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. There was no motion made to suspend the rules therefore, the proposed Ordinance remained on the calendar for second reading. The following Zoning Petitions, as approved by the Planning Commission,-were presented at this time: Z- 2848 -A - From Charles Barnett & G. 0. Harper to rezone the,S /W Corner of Baseline Road at Geyer Springs Road (see petition -for lengthy legal description), from "A" One - family District to "F" Commercial District. Z- 1004 -A -_ On Planning Commission_Action to dezone the west side of Reservoir Road approximately 1/4 mile north of Northedge Drive, from "D" Apartment District to "A" One- family District. Z -3162 - From Mr. Roy Oxenrider to rezone 7117 Geyer Springs Road (see petition for long legal description) from "A" One- family District to "F" Commercial District. Z -3155 - By the City of Little Rock to rezone property between East 12th and East 13th Streets on the west side of Calhoun Street (see petition for long legal description) from "B" Residence District to "I" Light Industrial District. As there was no opposition presented to the rezoning of the above described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,353, as follows) Ordinance No. 13,353 was presented, with the title being: AN ORDINANCE CLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; and after the first reading, there was a motion by Director Linkous that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Director Jones, unanimously adopted by the Board Members present being seven in number and two -- thirds or more of the members of .the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was then made by Director Linkous,'again seconded by Director Jones, that the rules again be suspended to allow 0 OCTOBER 18. 1977. Cont'd for the .third and final reading of the-Ordinance at this-time, which motion was unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The resulting Aye-and No Vote .taken on the passage of the Ordinance received the fol ing response: Ayes Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Ordinance,No. 13,354 -was introduced, entitled: AN ORDINANCE CLASSIFYING PROPERTY WITHIN THE JURISDICTION OF THE CITY OF LITTLE ROCK, ARKANSAS AS PROVIDED FOR BY ARKANSAS STATUTES 19.2804.2 (ANNOTATED 1975- SUPP.); (Z -3178 - Property located at Woodland Heights and Rodney Parham Roads) Public Hearing was declared open with no one present to oppose and the Public Hearing was closed; and the Ordinance was read the first time.. Mr. Phillip Kaplan, Attorney for the Pleasant Valley Propert; Owners, urged the Board of Directors to pass this Ordinance thereby, classifying the property "A" One - family District. A motion was made by Director Wellons, seconded by Director Jones,'calling for a suspension of the rules and the placing of the Ordinance on its second reading; which motion was un- animously adopted by the Board Members present, being 'seven in number and two - thirds -or more of the members of the Board of Directors - elect.. There was a second reading of the-Ordinance, and an ensuing motion from'- Director'Jones, seconded by Director Dailey, for a further suspension of the rules to allow for the third and final reading of the'Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board o: Directors - elect; and the third and last reading of the Ordinance followed., The question of the passage of the Ordinance was then-submitted to an Aye and No roll call vote which resulted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger; Directors Wellons, Castleman and Jones - total 6; Noes - Director Linkous - total 1; Absent - None. There was an announcement that-the Ordinance had PASSED. A Public Hearing had been scheduled for this time and place to-hear arguments on.the Petition from the Arkansas Childrens Hospital to vacate that portion of Wolfe Street, lying between Blocks 2 and 3 of Faust's Addition and Blocks 2 and 3 of Marshall and Wolfe's Addition, to the City of Little Rock, Arkans As Notice of Hearing had been duly published on September 23, 1977 and September 30,.1977, as required by Law, Mayor Mehlburger declared the-Public Hearing to be open. There was no one present to speak in opposition to the street closure and Mayor Mehlburger declared the Public Hearing closed, and-an Ordinan to close the 'above named street was placed on first reading. (See Ordinance No. 13,355 as follows). Ordinance No. 13,355 was presented, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS; VACATING AND-CLOSING A OF WOLFE STREET-LYING SOUTH OF 8TH STREET, NORTH. OF 9TH STREET; AND LYING BETWEEN BLOCKS 2 AND 3 OF FAUST'S ADDITION, AND BLOCKS 2 AND 3 OF MARSHALL AND WOLFE'S ADDITION, TO THE CITY OF LITTLE ROCK,.. ARKANSAS; and said Ordinance was -read the first time. The rules were then suspended and the Ordinance placed on its second reading; by a motion from Director Dailey, which was seconded by-Director Wellons-and unanimo adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; aditer which the rules were again suspended and the Ordinance was placed on its third and final reading, resulting from a motion by Direct Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number- and two_ thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance; - followed by an Aye and -No Vote on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors•Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wello Castleman and Jones - total 7; Noes - None; Absent'- None. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was the Petition of Shelden and Myrna Taxer by Attorney Tom A. Buford, requesting the vacating'and closing of 'a - portion of 12th Street•Pikeabutting Lot 43, Santa Fe Park Addition to the City of Little Rock, Arkansas which petition was approved by the Planning Commissiori111111 1111111 ✓ OCTOBER 18, 1977, Cont'd. Documents included with the Petition were a letter from the Pulaski County Title Company certifying to the last apparent owners of record of the property abutting the portion of the Street to be closed, and a certified copy of the Plat of Santa Fe Park Addition to the City of Little Rock, as recorded in the office of the Pulaski County Circuit Clerk. (See Resolution No. 5,827 was follows, which sets the date of Public Hearing for 7:30 o'clock P. M., Tuesday, November 15, 1977.) Resolution No. 5,827 was then considered, with the title being: A RESOLUTION FIXING A DATE FOR HEARING THE PETITION -OF SHELDEN TAXER AND MYRNA TAXER TO CLOSE AND VACATE A PORTION OF 12TH STREET PIKE SHOWN ON THE PLAT OF SANTA FE.PARK ADDITION TO THE CITY OF LITTLE ROCK; and said Resolution was read in full. A motion was made by Director Linkous, seconded by Director Dailey, for adoption o£the Resolution and subsequently submitted to a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent None. The petition of John J. Truemper, Jr., et al, was presented at this time requesting the vacating and closing of all that part of an Alley or Driveway Easement shown on the plats of Prospect Terrace and Prospect Terrace No. 2, Additions to the City of Little Rock, Arkansas, which lie between Lots 88 and 89, PROSPECT TERRACE on the South and Lots 78 and 77, PROSPECT TERRACE and Lot 175, PROSPECT TERRACE NO. 2 on the North, which had received the approval of the Planning Commission. Accompanying the Petiti were the following documents: A letter from Standard Abstract and Title Company certifying to the last apparent owners of record of.the abutting property; and a certified copy of the Plat of Prospect Terrace and Prospect Terrace No..2 Additions to the City of Little Rock, as the same now appear of record in the office of the Circuit Clerk of Pulaski County, Arkansas. (See Resolution No. 5,828, setting the date of Public Hearing on this Petition for November 15, 1977 at 7:30 o'clock P. M.) Resolution No. 5,88 was presented,'and entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE'A PORTION OF AN ALLEY OR DRIVEWAY EASEMENT SHOWN ON THE PLATS OF PROSPECT TERRACE AND PROSPECT TERRACE NO. 2 ADDITIONS TO THE CITY OF LITTLE ROCK, ARKANSAS; and after.a full reading of the Resolution, there was a motion from Director Linkous, seconded by Director Dailey, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith, - Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. On September 6, 1977, Ordinance No.. 13,331 was passed by the Board of Directors which closed a portion of West 16th Street in Bateman's Subdivision of Cherry and Cox Addition. Only two lots abut the portion of the street to be closed, but the original petition was signed by Mr. & Mrs. Theodore Jenkins only. They were advised by the Department of Community Services that the entire 20 foot dedication was platted with Bateman's Subdivision and that the Jenkins might petition as the sole petitioners. The Notice of Public Hearing was published with the Hearing being held and the Ordinance passed on September 6, 1977. However, Mr. Dermon T. Burchfield, the other property owneraobjected to the closure, and Notices of Public Hearing to be held on October 18, 1977 at 7:30 P. M. were hand delive ed to Mr. Jenkins and Mr. Dermon T. Burchfield, stating the purpose of the Hearing was to consider clos- ing this portion of West 16th Street pursuant to Section 19 -2304 of the Statutes of the State of Ark- ansas. Mayor Mehlburger at this time, declared the Public Hearing to be open and Mr. John I. Purtle,_ Attorney for Mr. Burchfield explained the inconvenience to his client in the event the street is closed. Upon question by Director Jones, City Attorney Joseph C. Kemp advised that the Board does have the authority to close a street or alley on its own motion. Mrs. Theodore Jenkins advised the Board that th closing was necessary for the construction of a. privacy fence to prevent trespassing on the Jenkins property. There was no further discussion and Mayor Mehlburger declared the Public Hearing closed and the proposed Ordinance was placed on first reading. (See Ordinance No. 13,356 on the following page) 1 OCTOBER 18, 1977, Cont'd. Introduced next was Ordinance No. 13,356, described as: AN ORDINANCE VACATING AND ABANDONING A PORTION OF WEST 16TH STREET IN BLOCK 8, BATEMEN'S SUBDIVISION ' OF CHERRY & COX'S ADDITION TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. There was a motion which followed from Director Wellons, seconded by Director Dailey, for a suspension of the rules and the placing of the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and.two- thirds or more of the members of the Board.of Directors = elect; and the second reading of the Ordinance ensued. The rules were again suspended to-allow for the third and final reading of the Ordi- nance by a motion from Director Linkous, seconded by Director Dailey, which was.unanimously adopted by the Board Members present, being 'seven in number and two - thirds or more of the members of.the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance, and the re'sgonse is described as follows: Ayes - Directors Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - Director Keith - total 1; Absent - None. There was an announcement that.the Ordinance had PASSED. There was presented Ordinance.No. 13,357, containing the following title: AN ORDINANCE-APPROPRIATING FUNDS TO DEFRAY THE COST OF RELOCATION OF NATURAL GAS LINES IN ORDER TO ' RECONSTRUCT AND IMPROVE A SECTION OF GEYER SPRINGS ROAD; AND FOR OTHER PURPOSES; ($16,347.00) and there was a first reading of the Ordinance. A motion then followed from Director Wellons, seconded by Director Linkous, that the rules be suspended and the Ordinance be placed on.its second reading. The motion was unanimously adopted by the Board Members present, being seven in number -and two- thirds or more of the members of the Board of Directors - elect; and there was a second reading of the Ordinance. An ensuing motion was made that the rules again be suspended to -allow for the third and final reading of the Ordinance at this time; with the motion being made and seconded by Directors - Linkous and Dailey, respectively, and unanimously'adopted by'the Board Members present, being seven in number and two- thirds or more of.the members of the Board of Directors- elect. Upon third and-last reading of the Ordinance-, there was an-Aye and No Vote taken on the .passage of the Ordinance which resulted as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was therefore, announced that the Ordinance had PASSED. ' Next to be presented was Ordinance No. 13,358, entitled:. AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY -OF LITTLE ROCK PERTAINING TO LICENSE AND PRIVILEGE TAXES; AND FOR.OTHER PURPOSES; with the Ordinance having been read the first time on October 4, 1977, and_left.on the calendar for further study and possible amendments.- Mr. E. Jack Murphy, Director of Finance advised the Board of Directors that work sessions had been held and that he was proposing amendments to Item No. 55, and Director Dailey proposed changes in Items 16, 57,.64, 81, 100,130, 137, 178.and 194 as•listed below: ANNUAL CHARGE Base and Variable (55) BUSINESS�MACHINES, DATA PROCESSING AND OFFICE MACHINES, SALES & SERVICE a. The units retail list price of which does not exceed $1,000 $250 1. Each salesman and /or marketing representative, additional $25 2. Each.repairman and /or installation and maintenance technician, additional $10 b. The unit retail list price of which exceeds-$1,000; or having the capability to store files for sub - sequent automatic retrieval $350 1. Each salesman, field systems'or marketing representative, additional $37.50- OCTOBER 18, 1977, Cont'd. 2. Each repairman and /or installation and maintenance technician, additional C. Capable of being programmed by the user (computer), or identified in (b) above and having a retail list price between $25,000 and $100,000. 1. Each salesman, systems analyst, systems engineer or marketing representative, additional 2. Each programmer, additional 3. Each repairman, and /or installation & maintenance technician, additional ANNUAL CHARGE Base and Variable $15 $450 $50 $30 $20 d. Having a retail list price in excess of $100,000 $600 1. Each salesman, systems analyst,,systems engineer or marketing representative, additional 2. Each programmer, additional 3. Each repairman, and /or installation and maintenance technician, additional e'. Rental 1. Including adding machines, cash registers, typewriters, calculating machines (portable machines and 9 -digit adding machines) where no unit rented exceeds $2,500 in value $100 2. Office machines, computer and other data processing equipment where the units exceed $2.,500 in value f. Stock, or supplies g. Secondhand machines (16) Antique Dealers - (57) Business Schools, Private $200 $75 $100 $200 (64) Catering service - Planning and Coordinating social functions: Each person, firm or corporation engaged in the business of planning social functions, providing food, serving utensils, floral arrangements, etc. $100 (81) Dancing School (100) Flea Market $50 $30 $20 $15 per service employee $25 per service .employee 5% Stock $15 per service employee $15 per employee $15 per employee $15 per employee $100 . $15 per employee a. Operator $50 b. Each booth or stall in which merchandise is displayed or sold (Operator is responsible for insuring payment of per stall fees) $10 (130) Junk, Waste Material $325 $15 per employee Hides, furs, wool, paper, rags, scrap iron, brass, rubber, copper, used building materials (137) Livestock Market Sales $300 $25 per employee (178) Photographers and /or Portrait Painters a. .Maintaining an established studio in the City $100 $15 per employee b. Itinerant photographers not having a permanent, established place of business in the City,per year or any part thereof $200 (194) Repair 1 it Including, but not limited to the following: a. Airplane Radio Repairs Only $50 $15 per employee b. Automobile Repair Shops $50 $15 per employee c. Automobile Top Shop & Upholstery $50 $15 per employee d. Bicycle Repairs $50 $15 per employee e. Gun Repair Shop $50 $15 per employee f. Jewelry Repair $50 $15 per employee g. Motorcycle and /or Servicycle Repair $50 $15 per employee h. Sewing Machine Repairs Only $50 $15 per employee i. Shoe Repair $50 $15 per employee j. Television, Radio, Stereo Equipment Repair $50. $15 per employee ' k. Watchmakers and Repairing $50 $15 per employee 1. Repair shops not otherwise classified $50 $15 per employee After explanation of the above proposed amendments, Director Dailey made a motion, seconded by Director Wellons, that the amendments be adopted. There was a roll call taken on the motion with the results recorded as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Well ons and Jones - P/ OCTOBER 18, 1977, Cont'd. total 5; Noes - Directors Keith and Castleman total 2; Absent - None. The amendments were therefore, adopted and the Ordinance was read the second time, as amended. An ensuing motion was made that the ' rules be suspended to allow for the third and final reading of the Ordinance', as amended, with the motion being made and seconded by Director Wellons_and.Director Dailey, respectively, and a roll.call was taken on the suspension of the rules and recorded as follows; Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones total 6,' Noes - Director Keith - total 1; Absent - None. Upon third and last reading of the Ordinance, as.amended,.there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein described: Ayes - Director Dailey, Mayor Mehlburge 11 ,. Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - Director Keith - total 1; Absent - None. Therefore, the Ordinance, together with the amendments, was declared PASSED. Resolution.No. 5,829 was presented for consideration, with the title being: A RESOLUTION AMENDING THE ORIGINAL BILL OF ASSURANCE FOR THE LITTLE ROCK PORT INDUSTRIAL PARK; AND FOR OTHER PURPOSES; _ and said Resolution was read in its entirety, and thereafter adopted upon motion of Director Linkous, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith, Dailey.; Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7;. Noes - None;. .Absent - None. ' Then presented was Resolution No. 5,830, entitled: A RESOLUTION ACCEPTING A WARRANTY DEED TO LANDS IN THE CITY OF LITTLE ROCK TO BE USED FOR PARK PURPOSES; AND FOR OTHER PURPOSES; (From the Thom Family - 17 acres lying west of Gillam Park Road) with said Resolution being read in full. There was a motion from Director Keith, seconded by Director Linkous, that the Resolution bd adopted. A roll call was taken whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Director Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The next matter to be considered was Ordinance No. 13,359, entitled: AP] ORDINANCE AMENDING CHART 1 -A OF ORDINANCE 112,545 OF THE CITY OF LITTLE ROCK (MASTER PARKS PLAN OF THE LITTLE ROCK PLANNING AREA) PROVIDING FOR CREATION OF A FIXED PARKSITE; (7 -AF - located between West 3rd.and 4th Streets, between Center Street and Broadway) which Ordinance was read the first time. The rules were then suspended and the.Ordinance placed on ' second reading by a motion made and seconded by Directors Keith and Dailey, respectively, which was subsequently adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance and an ensuing motion from Director Castleman, seconded by Director Jones, for a further suspension of the rules to provide for the third and final reading•of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The result- ing Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent None. Whereupon, the Ordinance was declared PASSED. Introduced at this point was Resolution No. 5,831, described as.: A RESOLUTION IN SUPPORT OF AMENDMENT NO. 49.BOND ELECTION TO PROVIDE CONVENTION AND TOURIST FACILITIES; AND FOR OTHER PURPOSES; (Megaplex) ' and after a complete reading of the Resolution, there was a motion by Director Keith, seconded by Directo Dailey, that the Resolution be adopted. A roll call was taken and the resulting vote adopted the Reso- lution as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons Castleman and Jones - total 7; Noes - None; Absent - None. II� III / OCTOBER 18, 1977, Cont'd. The last Ordinance to be considered was No. 13,360, entitled: AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 13 -13 OF THE CODE OF ORDINANCES PERTAINING TO FIRE PROTECTION OUTSIDE THE CITY LIMITS; AND FOR OTHER PURPOSES; ' and there was a first reading of the Ordinance. A motion was then made by Director Castleman, seconded by Director Jones, for a suspension of the rules to provide for the second reading of the Ordinance; which motion was adopted by the Board Members present, being seven in number and_two- thirds or more of the members of the Board of Directors - elect, with Director Keith voting "NO." After the second reading of the Ordinance, there was a subsequent motion by Director Jones, seconded by Director Castleman, that the rules again be suspended and the Ordinance be placed on its.third and final reading. The motion was adopted by vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, with Director Keith again voting "NO." The Ordinance was read the third and last time and the resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes Director Keith - total 1;.;Absent - None. It was announced that the Ordi- nance had PASSED. Presented at this time was Resolution No. 5,832, with the title being: A- RESOLUTION IN OPPOSITION TO THE PROPOSED CONGRESSIONAL AIR TRANSPORTATION REGULATORY REFORM ACT ' OF 1977; AND FOR OTHER PURPOSES; with the Resolution being read in full and subsequently adopted as the result of a motion by Director Dailey, seconded by Director Linkous, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total-7; Noes - None; Absent - None. At this point in the meeting City Manager Carleton McMullin advised the Board of Directors that he had received requests for fire protection services from the following businesses outside the City Limits Herbst Shoe Manufacturing Company, S & L Service.Corporation Warehouses, located at 1900 West 65th Stre and Isgrig Greenhouses. After a brief discussion on the requests, Director Wellons made a motion that "outside City fire contracts for these businesses be approved." The motion was seconded by Director Castleman and was adopted by unanimous voice vote of the members of the Board of Directors.present. Mr. Frank White, president of Capital Savings & Loan Association was present and explained "The Friendship Force of Arkansas" Program which consists of a ten day exchange visit with people in other ' countries. He advised that Central Arkansas has been the first area in the State selected to participate in the Friendship exchange program with a foreign country; and he requested the Board of Directors to endorse the program. (See Resolution No. 5,833 as follows) The last matter for.consideration was Resolution No. 5,833, entitled: A RESOLUTION ENDORSING "THE FRIENDSHIP FORCE OF ARKANSAS" PROGRAM; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a. motion from Director Keith, seconded by Director Castleman, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes — Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. There being no further business.to be presented or to come before the Board of Directors at this time, upon motion of Director Dailey, seconded by Director Keith, and by. unanimous vote of the Board Members present, the meeting was recessed at 10:45 o'clo_dk P. M. until Wednesday, October 26, 1977 at 2:00 o'clock P. M., for the purpose of awarding a bid on the sale of $500,000 City of Little Rock Air- port Revenue Bonds. _ - '' ATTEST: APPROVES" City Clerk' Mayor Board of Directors Chamber Little Rock, Arkansas October 26, 1977 2:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from October 18, 1977, with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Linkous, Wellons, Castleman and Jones - total 5; Absent - Director Dailey - total 1. It was announced that a quorum was in attendance and the following is an account of the proceedings: Mayor Mehlburger then announced that this was the time and place for the opening of sealed bids on the proposed sale of $500,000 City of Little Rock Airport Revenue Bonds, subject to the provisions set forth and included -in the Notice -of Sale which was duly published on October 5, 1977, October 12,' 1977, and October 19, 1977. Six bids were submitted and as there were no additional bids to be present- ed at this time, Mayor Mehlburger declared that the time for the filing of bids was closed and sub- sequently requested that Mr. E. 'Jack Murphy, Director of Finance, proceed with the opening and reading of said Bids. The six Bids received for Airport Revenue Bonds of the City of Little Rock, Arkansas in the'amount of $500,000 were opened and are described as follows: Net Interest Average Cost Interest Rate cent for the $500,000 City of Little Rock Airport Revenue Bonds. Director Dailey was enrolled. Ordinance No. 13,361 was presented, containing the following title: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF MUNICIPAL AIRPORT REVENUE'BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO THE AIRPORT FACILITIES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF A14D INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. There was a motion by Director Linkous to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Dailey and unanimous adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. There was a motion then made by Director Dailey, seconded by Director Keith, for a further suspension of the.rules to permit the thir ' and final reading of the Ordinance at this time, which motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote taken on the passage of the Ordinance and described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. pr<i 8 T. J. Raney& Sons, Inc. $151,813.55 5.1462 Parham and Company, Inc. $154,550.00 5.238983 Jon R. Brittenum & Associates, Inc. $157,200.00 5.32881 Stephens, Inc. $158,187.50 5.36229 Powell & Satterfield, Inc. $156,525.00 5.30593 Reynolds Securities, Inc., and Hill, Crawford & Lanford, Inca $152,259.00 5.1613 Upon completion of the opening and reading of the Bids, the acknowledgment that the foregoing bids ' did conform with the Notice of Sale, and computations made by Mr. Murphy, Mayor Mehlburger then - declared that the Bid.of T. J. Raney & Sons, Inc. had been accepted at the average.interest rate of 5.1462 per cent for the $500,000 City of Little Rock Airport Revenue Bonds. Director Dailey was enrolled. Ordinance No. 13,361 was presented, containing the following title: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF MUNICIPAL AIRPORT REVENUE'BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO THE AIRPORT FACILITIES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF A14D INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. There was a motion by Director Linkous to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Dailey and unanimous adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. There was a motion then made by Director Dailey, seconded by Director Keith, for a further suspension of the.rules to permit the thir ' and final reading of the Ordinance at this time, which motion was unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote taken on the passage of the Ordinance and described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. pr<i 8 OCTOBER 26, 1977, Cont'd. The Emergency Clause contained in Section 15 of Ordinance No. 13,361 was read and submitted to the following roll call vote: Ayes -- Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency Clause had been PASSED. At 2:15 P. M. Mayor Mehlburger announced that the Board of Directors would recess the meeting to go into Executive Session to discuss making appointments to various Boards and Commissions. Board of Directors Chamber Little Rock, Arkansas October 26, 1977 - 3:00 P. M. The Board of Directors reconvened from Executive Session with Mayor Mehlburger presiding and Jane Czech, City Clerk calling the roll with the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. Again, it was announced that a quorum was present and the following Resolution was presented: Resolution No. 5,834 was presented, entitled: A RESOLUTION MAKING APPOINTMENTS:' AND FOR OTHER PURPOSES;:' (To: Arkansas Arts Center; Manpower Area Planning,Council; and, City Beautiful Commission) and said Resolution was read in full. There was a motion from Director Linkous, seconded by Director Dailey, that the Resolution be adopted. A roll call was taken whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Dailey, Mayor Wimberly, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. There was no further business to be presented or to come before the Board of Directors at this time, and Director Dailey made a motion that the meeting be adjourned. Director Linkous seconded the motion which was adopted,by unanimous vote of the Board Members present and the meeting was adjourned at 3:10 o'clock P. M. until the next regular meeting on Tuesday, November 1, 1977 at 7:30 o'clock P. M. ATTEST: (�jyZF� C APPROVED: City Clerk ell Mayor 18 i Board of Directors Chamber ' Little Rock, Arkansas November 1, 1977 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. There being a quorum in attendance', it was so announced, and the following proceedings occurred: The Invocation was given by Mayor Mehlburger. Presented first from the Official Agenda were the Consent Items, described as follows: (a) The Minutes of the previous meeting held on October 18,.1977. (b) Resolution No. 5,835, entitled: . A RESOLUTION AWARDING THE ANNUAL CONTRACT FOR OFFICE SUPPLIES; EXTENDING ANNUAL CONTRACTS FOR THE PURCHASE OF HAYDITE AND CONCRETE BLOCKS AND BRICKS; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; - By a roll call vote, with all Board Members'preseiit voting Aye, the following action was taken on the ' foregoing Consent Items: (a) The Minutes were approved as.written and summarized;- and (b) Resolution No. 5,835 was read in full and adopted. 1, Due to a conflict of interest, Mayor Mehlburger requested that Vice Mayor Dailey'preside over the meeting for the next matter to be considered, which was a proposed Ordinance, with the title being: AN ORDINANCE CLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Approximately 1,291 acres located in the area of Markham Street, Rock Creek Parkway and west of Bowman Road - approved by Planning Commission) with the proposed Ordinance being read the second time, having been read the first time on October 18, 1977. Once again, a discussion was held on the proposed Zoning Plan for the area. Mr. Russell Meeks, Attorney for Mr. W. P. Spotts, advised the Board of Directors that his client has not consented for his property to be included in the Plan; although he is neither a proponent nor objector to the Plan. He added that Mr. Spotts simply does not feel that his property is ready to be classified. Mr. Frank D. White, President of Capital Savings and Loan Association was present to advise the Board of Directors that his Association had fulfilled all provisions of the sale of their property located at Markham Street and Shackleford Road, to a National Motel Chain, which precluded him, as the current property owner, from signing any restrictive covenant required on properties with "MF 18" or higher classifications. He further stated that the property is in transition and requested that the Board of Directors give favor- able consideration to "F" Commercial Zoning for the property, even though the restrictive covenant has not been duly executed by the new owners. At this point, Director Wellons moved that "te do amend the Ordinance as currently drafted, to exclude the property of Capital Savings and Loan Association from restrictive covenant and allow it to maintain its 'F' Commercial Zoning." Director Keith seconded the motion provided, Director Wellons would be willing to add that "we require a building permit to be taken out within ninety days." Director Wellons agreed to the provision and the motion was then stated as follows: "That we do amend the Ordinance as currently drafted, to exclude the property of Capital Savings and Loan Association from restrictive covenant and allow it to maintain its 'F' Commercial Zoning, and that we require a building permit to be taken out within ninety days." The motion was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Abstaining - Mayor Mehlburger - total l; Absent - None. Attorney Edward Lester, representing Dan Phillips, Jim Hall and Rock Creek Property Owners Association, and Mr. Ray Metzger, Jr. both spoke in strong support of the Plan and urged the Board to vote on the matter without delay, this Plan being submitted after seven years of careful planning and the largest ever to be considered by the II� ✓ 49 �� NOVEMBER 1, 1977, Cont'd. City. There was some discussion regarding the extension of Interstate 630 to the west and a centerline survey of Markham Street. Director Jones reported that the Arkansas Highway Department has been waiting for the City to request a centerline survey; also, that the three following questions need to be answer- ed by the Highway Department: Are you going to extend I- 630? Where will it go? What type of conditions ' do you plan for this extension? Director Jones then moved that "the City request the above stated information from the Highway Department." The motion was seconded by Director Wellons and adopted by unanimous voice vote of the six members voting, with Mayor Mehlburger abstaining. Regarding the extens- ion of I -630, Mr. Edward Lester, Attorney, advised that his clients would be willing to comply with whatever the alignment of I -630 may be, as long as it is reflected in the Master Street Plan adopted by this Board. Director Wellons made a motion at this time, "that the South 100 feet of Tracts 10 and 11, HiZZvale Addition be zone 'E -1' instead of 'F' Commercial", which motion was seconded by Director Jones and adopted by unanimous voice vote of the six members voting, with Mayor Mehlburger abstaining. Direct- or Jones called attention to the two parcels north of the Parkway, and made a motion that "the two parcels north of the Parkway proposed to be zoned 'D' Apartment be reduced to 'MF -18' Multi- family District." The motion was seconded by Director Dailey and a roll call was taken on the motion with the results recorded as follows: Ayes - Directors Castleman and Jones - total 2; Noes - Directors Keith, Dailey., Linkous and Wellons - total 4; Abstaining - Mayor Mehlburger - total 1; Absent - None. There , was no further discussion and Director Linkous made a motion that the rules be suspended and the Ordi- nance be placed on third and final reading, with the motion being seconded by Director Keith. A roll call was taken on the suspension of the rules and recorded as follows: Ayes - Directors Keith, Dailey, Linkous and Wellons - total 4; Noes - Directors Castleman and Jones - total 2; Abstaining - Mayor Mehlburger - total l; Absent - None. The motion to suspend the rules having failed, the proposed Ordinance was left on the calendar for third and final reading. An Ordinance had been placed on the Agenda entitled: "An Ordinance Classifying Various Properties in the City of Little Rock, Arkansas, Amending Section 43 -2 of the Code of Ordinances of the City of Little Rock, Arkansas; And for Other Purposes." The Ordinance establishes an "A" One- family District classification for the remainder of the property in the Rock Creek Area. The proposed Ordinance was not read, therefore, no action was taken and it remained on the calendar for first reading at a later date. Mayor Mehlburger continued to preside over the remainder of the Meeting. The last Zoning Matter to be considered was a proposed Ordinance, entitled: ' AN ORDINANCE CLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (Property on the east and west sides of Chicot Road, north of Interstate 30 - Z -3150) and the proposed Ordinance was read the second time, having been read the first time on October 18, 1977. Mr. Allen Bird, II, Attorney for the petitioners, requested the passage of the Ordinance as it is presently drawn, and reviewed the Zoning request. Mr. Perry Whitmore, Attorney representing a number of property owners east of Chicot Road, requested a covenant for a 75 -foot green strip buffer. Director Castleman asked Mr. Whitmore if his clients would consent to the original Zoning request, with a cove - nant for a 75 -foot green strip. Mr. Whitmore replied that he was unable to answer because he had only been employed by the property owners a few days ago. With no further discussion, there was a motion from Director Wellons, seconded by Director Linkous, to suspend the rules and place the Ordinance on its third and final reading. A roll call was taken on the suspension of the rules with the results herein recorded: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous and Wellons - total 4; Noes - Directors Dailey, Castleman and Jones - total 3; Absent - None. Therefore, the proposed Ordi- nance was left on the calendar for third and final reading on November 15, 1977. II X49 NOVEMBER 1, 1977, Cont'd. The next presentation was Resolution No. 5,836, described as: A RESOLUTION TO AMEND RESOLUTION N0: 5,812 PERTAINING TO A CONTRACT WITH SUMERLIN AND ASSOCIATES FOR ' SERVICES RELATING TO INTERSTATE PARK; AND FOR OTHER PURPOSES; with the Resolution being.read in full, and thereafter adopted upon motion of Director Dailey, seconded by Director Wellons, and the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburg r, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Presented for consideration next was Resolution No. 5,837, entitled: A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK AND FRIENDS OF THE ZOO, INC.; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion by Director Dailey, seconded by Director Linkous, resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. A Public Hearing had been scheduled for this time and place on the issuance of Industrial Develop- ment Revenue Bonds under Act No. 9 of the First Extraordinary Session of the Sixty- Second General Assembl of the State of Arkansas, for the purpose.of refunding, defeasing and discharging the outstanding City ' of Little Rock, Arkansas Industrial Development Revenue Bonds, Merico Project., Series A, dated December 1, 1970. A Memorandum -of Intent was authorized by Resolution No. 5,804, adopted by the Board of Directors on September 20, 1977, and duly published in' the Arkansas Democrat on September 23, 1977. Mayor Mehlburger declared the Public Hearing open. As there was no one present who wished to address to the issue, the Public Hearing was then declared closed and a proposed Ordinance was.placed on.first reading. (See Ordinance No. 13,362, as follows) Ordinance No. 13,362 was presented, with the title being: . AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF THE FIRST EXTRAORDINARY SESSION OF THE SIXTY- SECOND GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED JANUARY 21, 1960, AS AMENDED FOR THE PURPOSE OF REFUNDING, DEFEASING AND DISCHARGING THE OUTSTANDING CITY OF LITTLE ROCK, ARKANSAS INDUSTRIAL DEVELOPMENT REVENUE BONDS, MERICO PROJECT - SERIES A, DATED DECEMBER 1, 1970; AUTHORIZING THE EXECUTION AND DELIVERY OF A.TRUST INDENTURE. SECURING THE BONDS; AUTHORIZING ANEW LEASE AGREEMENT; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT; AUTHORIZING ' AN OFFICIAL STATEMENT; AUTHORIZING CERTAIN ACTS TO ACCOMPLISH THE DEFEASING AND DISCHARGING OF THE BONDS BEING REFUNDED, INCLUDING AN ESCROW AGREEMENT; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; . and there was a first reading of the Ordinance. A motion then followed from Director Keith, seconded by Director Jones, for a suspension of the rules and the.placing of the Ordinance on its second reading; which motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the.Board of Directors-elect. The Ordinance was read the second time; after which there was a motion by Director Keith, seconded by Director Wellons, to again suspend the rule to provide for the -third and final reading of the Ordinance at this time.. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect, and the Ordinance was then read the third and last time. The passage of the Ordinance was then submitted to an Aye and No Vote which resulted.as herein described: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total-7; Noes - None; Absent - -None. The Emergency Clause contained in Section 10 of Ordinance No. 13,362 was read and submitted to the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellon , Castleman and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency Section had been PASSED. _ FIT E NOVEMBER 1, 1977, Cont'd. There was presented Ordinance No. 13j363, with the title.being: AN ORDINANCE EXERCISING AN OPTION TO PURCHASE CERTAIN HEAVY EQUIPMENT FOR USE AT THE LITTLE ROCK LANDFILL; APPROPRIATING FUNDS; AND FOR-OTHER PURPOSES; I (For a IH TD -15 Bulldozer and Wabco.101G Scraper) with said Ordinance being read the first time; after which there was a motion from Director Linkous to suspend the rules and place the-Ordinance on its second reading. The motion was.seconded by Director Dailey, adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect.; and the Ordinance was read the second time. A sub- sequent motion by Director Keith, again seconded by Director Dailey, for a further suspension of the rul to allow for the third and final reading of the Ordinance at.this time, was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance led to the taking of an Aye and No Vote on the passage of the Ordinance, which received the following response: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. Ordinance No. 13,364, was considered next and contained the following title: III AN ORDINANCE APPROPRIATING FUNDS TO DEFRAY THE ADDITIONAL COSTS FOR NEW POLICE UNIFORMS; AND FOR OTHER PURPOSES; ($16,000.00) and there was a first reading of the Ordinance. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Linkous, seconded by Director Dailey, and adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a mo from Director Keith, again seconded by Director Dailey, for a further suspension of the rules and the placing of the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance; after which, an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Resolution No. 5,838 was presented, and entitled: A RESOLUTION WAIVING THE RIGHT OF ACQUISITION OF CERTAIN LANDS DESIGNATED IN THE MASTER PARKS PLAN; AND FOR OTHER PURPOSES; (Park Site 13 -CF - approximately 40 acres South of Cantrell Road in Longlea Manor Subdivision) with the Resolution being read in full. A motion was made by Director Keith, seconded by Director Dailey, for adoption of the Resolution. A roll call vote was taken and the Resolution was adopted as follows: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. There was presented Ordinance No. 13,365, described as: AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 44 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (Sign Regulations) and there was a first reading of the Ordinance. There were a few brief comments at this time and ' Mr. Ron Lofton asked that the City take a look at hardships on some.of the businesses that the Sign Code Ordinance presents. Mr. Kenny Scott of the Staff, was present at the Board Meeting and upon question by Director Linkous, advised that there are some 400 to 500 Sign'Code violations at this time, but that no person or firm had been singled out in arrests for violations. Mr. John Jarrard, a member of the Sign Code Board of Review explained that the purpose of the Ordinance is to clear definitions 493 NOVEMBER 1, 1977, Cont'd. contained in the Sign Ordinance. The rules.were.then suspended and the Ordinance placed on its second reading by a motion from Director Wellons, seconded by Director Jones, which was adopted by unanimous ' vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. The Ordinance was read the second time; after which there was a subsequent motion from Director Linkous, seconded by Director Jones, that the rules again, be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously adopted by the Board Members present, being seven in number and two- thirds or more -of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No.Vote taken on the passage of the Ordinance received the - following response: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous; Wellons, Castleman'and.Jones - total 7; Noes - None; Absent -.None. Whereupon, the Ordinance was.declared PASSED. The -next matter to'be.considered was Ordinance No. 13,366, entitled: AN ORDINANCE AMENDING SECTION 39 -42 OF ARTICLE IV OF CHAPTER 39 OF THE CODE OF ORDINANCES PERTAIN- ING TO TRAFFIC; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, the rules were suspended to allow.for the second.reading by a motion made by Director Keith, seconded by Director.Wellons and adopted by unanimous vote of the Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time; and an ensuing motion was made by Director Linkous, seconded by Director Dailey to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a unanimous.voice vote of the Directors present, being seven in number and two - thirds or more of the members of the. Board of Directors - elect; and the Ordinance was therefore, read the third and last.time. The passage of the Ordinance was then submitted to an Aye and No roll call vote, which resulted as follows: Ayes - Directors Keith, Dailey -, Mayor.Mehlburger, Director Linkous, Wellons, Castleman and Jones - ..total.7; Noes.- None;. Absent - None. The Emergency Section included in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section was declared PASSED.. . Introduced at this ',time was Resolution No. 5,839, with the title being: A RESOLUTION AUTHORIZING THE RAZING OF CERTAIN CONDEMNED STRUCTURES DESIGNATED PRIORITY 1 BY THE LITTLE ROCK HISTORIC DISTRICT COMMISSION; AND FOR OTHER PURPOSES; (Re: 1501 and 1507 Rock Street) .. with there being a complete reading of the Resolution. Ms. Joan Baldridge,.a member of.the Little Rock Historic District Commission, advised that based on the survey, the building at.1507 Rock Street was Priority 1, and the building at 1501 Rock Street was Priority 2, and that both are important build- s ings; however, the Historic District Commission is.not requesting that. the City delay the demolition. Upon question by Director Jones, Ms. Baldridge said that she had been ,told that some attempt had been made to purchase the building at .1507 -Rock Street, but she did not know if it were true. With there being no further comments, a motion was made by Director Wellons, seconded by Director Linkous for adoption of the Resolution and subsequently submitted to a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - Director Jones - total 1; Absent.- None. There was presented Resolution No. 5,840, entitled: A RESOLUTION PERTAINING TO THE CITY PROVIDING WATER SERVICE TO POINTS OUTSIDE THE CITY BOUNDARIES; AND FOR OTHER PURPOSES; with the Resolution being read in full. Mr. Jack Wilson, Manager of the Little Rock Municipal Water Works was present and spoke to the issue. He told the Board Members that the Water Company submits applications for water service outside the Corporate Limits to the Little Rock Planning Commission for 494. NOVEMBER 1, 1977, Cont'd. their consideration, and that the Planning Commission has the authority.to accomplish the provisions of the Resolution. Upon question by Director Dailey, Mr. Wilson advised that users outside the City, do pay a higher fee. Director Linkous suggested since this is a very broad . policy decision, that Mayor ' Mehlburger appoint twoamembers of the Board of Directors, two members of the Planning Commission and two members of the Water Works Commission, as a Committee, to study the matter. At this point, Director Jones made a motion that the.Resolution be adopted, which motion was seconded by Director Castleman. A substitute motion was then offered by Director Linkous and seconded by Director Keith, "that the Mayor appoint two members of the Board of Directors, with two members of the Planning Commission and two I members of the Water Works Commission to study this entire matter and delay a vote on the final decision for thirty days." A roll call vote was taken on the substitute motion and recorded as follows: Ayes - Directors Keith, Dailey and Linkous - total 3; Noes - Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 4; Absent - None. A roll call was.then taken on the original motion, and the Reso- lution was adopted by the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 5; Noes - Directors Dailey and.Linkous - total 2; Absent - None. Mayor Mehlburger then appointed Director Linkous to make a further study of the matter. i The last matter to be considered was Ordinance No. 13,367, described as: „ AN ORDINANCE AMENDING IN PART ORDINANCE NO. 13,347 OF THE CITY OF LITTLE ROCK, SAME BEING AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1977; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and after a first reading of the - Ordinance, the rules were suspended to allow for the second reading by a motion made by Director Wellons, seconded by Director Jones and adopted by unanimous vote of the Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the second time, and an ensuing motion was made by Director Jones, seconded by Director Wellons to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a unanimous voice vote of the Directors present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was therefore, read the third and last time. The passage of the Ordinance was then submitted to an Aye and No roll call vote, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency Section included in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section was declared PASSED. Under Citizen Communications, Mr. Larry Rogers and Mr. Steve McDonald, both members of Arkansas Community Organizations for Reform Now (ACORN) spoke briefly and charged that the City Attorney had erred in failing to advise the City against the purchase of the $1.1 million Commonwealth Savings & Loan Association property until after the election on the'' :Megaplex" Bond Issue, which failed. They asked that City Attorney Joseph C. Kemp resign from his position, and Mr. Willard Johnson stated that the City needs a full time City Attorney. - - Mr. Sol Alman spoke regarding the recently passed, Privilege license and Tax Ordinance. He request- ed that the requirement of $15.00 per employee be removed from his business classification. Mayor Mehlburger requested that Mr. Alman write a letter making this request. The closing comments were made by Director Wellons who reminded those complaining about the $1.1 million spent for the purchase of the Commonwealth property that the three -year delay in the construct- , ion of the Wilbur Mills Freeway, due to a suit pending in Court, is going to cost a lot more than the above figure, but that he hears no complaints on that subject. He further suggested that the Board of Directors be approached with affirmative options. I X95 NOVEMBER 1, 1977, Cont'd. There being no further business to be presented or to come before the Board of Directors, upon ' motion of Director Keith, seconded by Director Dailey, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:50 o'clock P. M. to meet again in regular session on Tuesday, November 15, 1977 at 7:30 o'clock P. M. I ATTEST: �R/JZ�i APPROVED: City Clerk Mayor II ✓ Board of Directors Chamber .Little Rock, Arkansas November 15, 1977 - 6:30 P. M. , The Board of Directors of the City of Little Rock, Arkansas convened at 6:30 o'clock P. M. to recess into Executive Session for the discussion of appointments to Boards and Commissions, with Mayor Mehlburger, presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons,-Castleman and Jones - total 6; Absent - None. Board of Directors Chamber Little Rock, Arkansas November 15, 1977 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors , Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. -It was announced by the Mayor that a quorum was present, and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Wellons. Presented first for consideration were the Consent Items, described as follows: (a) The Minutes of the Previous Meeting held on November 1, 1977. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for September, 1977. (c) The Preliminary Operating Budget of the Little Rock Municipal Airport Commission for 1978. (d) The Annual Statement onIHousing Authority Projects ARK 41/11 for Fiscal Year ended September 30, 1977. (e) Resolution No. 5,841, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR CARPENTRY WORK AT FIRE STATION #10; TRUCKS; HYDRATED LIME; DEMOLITION OF CONDEMNED STRUCTURES; POLICE CLOTHING; EARTHWORK, GRADING AND.FILL WORK FOR INTERSTATE PARK; AND REPAIRS TO A PUMPER FIRE TRUCK; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; By motion from Director Dailey, seconded by Director Linkous, with all Board Members present and voting Aye, the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors; (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; (c & d) The Preliminary Operating Budget of the Airport Commission and the Annual Statement on Housing Authority Projects were received and filed; and (e) Resolution No. 5,841 was read in full and adopted. There was presented Ordinance No. 13,368, entitled: AN ORDINANCE CONFIRMING THE REASSESSMENT OF BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND WITHIN METROCENTRE IMPROVEMENT DISTRICT NO. 1 OF THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time, and there was no one present who wished to speak either ' for or against the reassessment. The rules were then suspended to provide for the second reading of the Ordinance, by a motion made by Director Dailey, seconded by Director Wellons, and unanimously adopted by-the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a subsequent motion again i_ 9 r NOVEMBER 15, 1977, Cont'd. made and seconded by Director Linkous and Director Dailey, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion received unanimous adoption by the Board L_ Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect, and the third and last reading of the Ordinance ensued. The question of passage of the Ordinance was then submitted to an Aye and-No Vote, which received the following response: -Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED._ At this point in the meeting, Mayor Mehlburger requested that Vice Mayor Dailey preside. The next matter to be considered was Zoning Petition No. Z -3160 submitted by Dennis L. James for i the owner, Mr. Robert S. Guenther, to rezone 3.27 acres on the west side of Nebling Road at Clint Court (see petition for lengthy legal - description) from "A" One- family District to "C" Two - family District, as approved by the Planning Commission. Mr. Guenther was present to answer any questions, at which time he presented a dedication deed to the City of Little Rock for twenty -five feet needed for right -of -way for the west half of Nebling Road. There was no further discussion and the proposed Ordinance was placed on first reading (See Ordinance No. 13,369 below).. Ordinance No. 13,369 was presented, with the title being: ' AN ORDINANCE RECLASSIFYING PROPERTY AT THE INTERSECTION OF NEB LING ROAD AND CLINT COURT IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; and after the first reading, there was a motion by Director Linkous that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Director Wellons, unanimously adopted by the Board Members present being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was then made by Director Linkous, again seconded by Director Wellons, that the rules again be suspended to allow for the third and final reading of the Ordinance at this time, which motion was unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors -- elect. The resulting Aye and No Vote taken on the passage of the Ordinance received the follow ing response: Ayes ,- Director Keith, Vice.Mayor Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had ' PASSED. There was another Zoning Petition No. Z-3170 filed by Mr. Buford Graddy for the Petty Drug Company, to rezone 6100 Baseline Road (see petition for long legal description) from "A ".One- family District to "F" Commercial District. This petition received approval by the Planning Commission and there is no existing need for right -of -way for the expansion of the drugstore. There was no discussion and the proposed Ordinance was placed on first reading. (See Ordinance No. 13,370 below) Ordinance No. 13,370 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY AT 6100 BASELINE ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Wellons, seconded by Director Keith, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing motion was made by.Director Linkous, seconded by Director Jones to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance. An Aye and No Vote was then taken on the passage of the Ordinance, with the response described as follows: Ayes - Director Keith, it, J NOVEMBER 15, 1977, Cont'd. Vice Mayor Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Accordingly, it was announced that the Ordinance had PASSED. There had been placed on the Agenda, a proposed Resolution, entitled:. A RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED ORDINANCE ESTABLISHING ZONING CLASSIFICATIONS FOR PROPERTIES IN THE AREA OF MARKHAM AND ROCK CREEK PARKWAY, WEST OF BOWMAN ROAD; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. There was a motion by Director Castleman, seconded by Director Jones for the adoption of the Resolution, followed by a discussion. Director Wellons stated that he was confused about having a Public Hearing at this time, adding that the Planning Commission had several such meetings and that it was ridiculous to say that we have not had a Public Hearing. Director Linkous felt that it would give some people an opportunity to address the Board for the first time and moved to limit each side to fifteen minutes and that the chair enforce the ruling. His motion was seconded by Director Castleman. Attorney John Walker told the Board that he did not feel that the Public had been informed of this Public Hearing. Mrs. Gloria Cabe, a member of the League of Women Voters, urge another public hearing. Mr. Arthur Mills made a statement that "this is nothing new -•-- this is a forwaz step for Little Rock and should be voted on tonight." At this point, Directors Linkous and Castleman withdrew the motion to limit each side to fifteen minutes in a public hearing, and a roll call was taken on the adoption of the Resolution with the results recorded herein: Ayes - Directors Castleman and Jones - total 2; Noes - Director Keith, Vice Mayor Dailey, Directors Linkous and Wellons - total 4; Abstaining Mayor Mehlburger - total 1; Absent - None. Therefore, the Resolution failed to be adopted. The next presentation was Ordinance No. 13,371, containing the following title: AN ORDINANCE CLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Classifying total properties annexed in the Rock Creek Area as "A" Single - Family District) and the Ordinance was read the,first time. There was a motion at this time which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director.Linkous, seconded by Director Keith, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, and an ensuing motion was made by Director Linkous, again seconded by Director Keith, to suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and there was a third and last reading of the Ordinance.. An Aye and No Vote was then taken on the passage of the Ordinance, with the response described as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Abstaining - Mayor Mehlburger - total 1; Absent - None. It was announced that the Ordinance had PASSED. Ordinance No. 13,372 was considered next, with the title being: AN ORDINANCE CLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Lands located in the area of Markham Street, Rock Creek Parkway and west of Bowman Road - approved by Planning Commission) with the Ordinance, as amended, having been read the first time on October 18, 1977 and the second time on November 1, 1977 with two amendments adopted on November 1st. Mr. Jim Finch, a member of the Compre- hensive Planning Staff, presented a Staff Report on amendments to the Ordinance discussed to date as follows: ' Hutchinson Motors Property from "F" Commercial District to "A" One- family District The Spotts Property from "F" Commercial and "MF 12" Multi- family Districts to "A" One- family District Winrock Property from "F" Commercial District to "E,1" Quiet Business District Catholic Church Property from "F" Commercial District to "E -1" Quiet Business District, south of the proposed I- 630 /Parkway connection. f49 NOVEMBER 15, 1977, Cont'd. - i "D" Apartment District on Bowman Road to "F" Commercial District "F" Commercial District on Napa Valley Drive to "MP 18" Multi - family District "E -1" Quiet Business District on Napa Valley Drive to "A" One-family District "MF 12" Multi - family District on Napa Valley Drive to "MF 18" Multi- family District , Proposed I- 630 /Parkway Connection 150 ft. Right -of -Way to "A" One- family District ' Hall - Phillips "MF 18" Multifamily District (north of proposed I- 630 /Parkway connection) to "F" Commercial District. Hall - Phillips "MF 18" Multifamily District (south of proposed I -630 /Parkway connection) to "t4F 12" Multi - family District St. Charles Subdivision open space to be private Bill of Assurance to require Board of Directors Ordinance`on approval of amendments The following proposed amendments were offered by the property owners: Tract 15 - Increase in area of "MF 18" Multi - family District Tract 21 - From "D" Apartment District to "F" Commercial District Tract 23 - Deleted (No Covenants) Tract 24 - Deleted (No Covenants) Tract 26 - Deleted (No Covenants) ' Tract 28 -• Deleted (No Covenants) Tract 30 - Deleted (No Covenants) Tract 31 - Deleted (No Covenants) Tract 33 - Deleted (No Covenants) Tract 37 - Deleted (No Covenants) Tract 38 - Deleted (No Covenants) - Tract 41 - Deleted (No Covenants) Tract 42 - Deleted (No Covenants) Tract 43 - Deleted (No Covenants) Tract 44 - Deleted (No Covenants) Tract 45 - Deleted (No Covenants) Tract 56 - Deleted (No Covenants) - Tract 57 - Deleted (No Covenants) ' Tract 61 - Deleted (No Covenants) Tract 66 - Deleted (No Covenants)' - - - Tract 67 - Deleted (No Covenants) Tract 68 - Deleted (No Covenants) Tract 69 - Deleted (No Covenants) Bailey Corporation - From "E -1" Quiet Business District to "A" One - family District West Side of Napa Valley Drive, from "F" Commercial District to "MF 18" Multi - family District West Side of Napa Valley Drive, from "MF.12" Multi- family District to "MF 18" Multi- family District Spotts Property from "F" Commercial District to "A" One - family District Hall- Phillips Property from "A" One - family District to "F" Commercial District, A very lengthy discussion followed the presentation of the proposed amendments. First, Director Jones questioned what attempt had been made to obtain dedication of rights -of -way for the extension of I -630. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that one property owner had agreed to ' the dedication, while the other one would not. The first speaker was Mr. John Walker, Attorney, who was deeply opposed to the Rock Creek Zoning Plan. He charged that the rezoning would establish a "white flight district" that would be used to "resegrate" the City and its schools, adding that the Rock Creek Plan was a "dramatic break" from traditional zoning and he questioned whether or not, a racial impact study had been made. He advised the Board that he had just learned of the project. At this point," Director Wellons stated that the issues had been aired adequately in other meetings and felt it "appallin i' 500 NOVEMBER 15, 1977, Cont'd. for Mr. Walker to raise the racial question at the last meeting. Mr. Kenneth -Deason with Mobil Oil Company, who owns property at the southwest corner of Shackleford Road and Markham Street, requested that the Mobil Oil property be included in the Plan as "F" Commercial- Zoning, without covenants. Mrs. Gloria Cabe, a member of the League.of Women Voters of Pulaski County, read a prepared statement in whic she told the Board Members that they were "making a mockery" of the City's growth policy, adding that she was appalled!. Mr. Edward Lester;.Attorney for land owners, and Mr. C. V. Barnes, representing Bisho McDonald of the Catholic Diocese, reiterated their comments from previous meetings. After lengthy discussion, Director Linkous made a motion "that amendments to the Ordinance before us, be adopted as defined by the Staff, under the heading of Rock Creek Valley." Director Wellons seconded the motion and a roll call was taken with the results recorded as follows: Ayes -- Directors Keith, Vice Mayor Dailey, Directors Linkous and Wellons - total 4; Noes - Director Jones - total 1; Abstaining - Mayor Mehlburge and Director Castleman - total 2; Absent - None. With the amendments having been adopted, the Ordi- nance was then read the third and last time, as amended, and submitted to a roll call vote upon the question of the passage of the Ordinance with the following results: Ayes -- DirectorsKeith'; Vice Mayor Dailey, Directors Linkous and Wellons - total 4; Noes - Directors Castleman and Jones - total 2; Abstaining - Mayor Mehlburger -- total 1; Absent - None. Mayor Mehlburger then read a prepared state- ment in which he said that "the Rock Creek case showed the need for a comprehensive land use plan and I for one want to see real progress toward a real plan or I for one will want to see a new Staff." After the reading of the Mayor's statement, Director Jones asked that her "No" vote be changed to "Aye" and the final results on the passage of the Ordinance, as amended, is reflected in the Record as follows: Ayes - Director Keith, Vice.Mayor Dailey, Directors Linkous, Wellons and Jones - total 5; Noes - Director Castleman - total 1; Abstaining - Mayor Mehlburger - total 1; Absent - None. It was announce at this time that the Ordinance had PASSED. A fifteen minute recess was requested by Director Linkous at 10:50 o'clock P. M. and was granted by Vice Mayor Dailey. The Board of Directors reconvened at 11:05 o'clock P. M. and the following members answered roll call with Mayor Mehlburger presiding: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. The following proposed Ordinance was presented, entitled: AN ORDINANCE CLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (Property,on the east and west sides of Chicot Road, north of Interstate 30) and the Ordinance was read the third time, having been read the second time on November 1, 1977. Mr. Perry Whitmore, Attorney representing the property owners north of the property under consideration, advised that no working agreement had been reached with the property owners. He stated that the propos had been recommended by the Planning Commission conditional upon a 75 -foot green belt, adding that his clients had been advised that the owner of the property could remove the trees and use the property. Also, that the development would decrease the value of the properties owned by his clients. Attorney Allen Bird, II, representing the petitioners advised that the 75 -ft. green belt will remain "A" One - family District until the City changes it. He further requested a vote as recommended by the Planning Commission and Staff, assuring that any needed right -of -way would be dedicated. The question on the passage of the Ordinance was not called for and the Ordinance remained on the calendar for a Vote at a later date. Resolution No. 5,842 was presented for consideration, with the title being A RESOLUTION PERTAINING TO THE AUTHORITY OF THE CITY TO REQUIRE DEDICATION OF NEEDED PUBLIC RIGHTS OF WAY INVOLVED IN ZONING MATTERS; AND FOR OTHER PURPOSES; and said Resolution was read in its entirety, and thereafter adopted upon motion of Director Dailey, II`IIII seconded by Director Wellons, and the following roll call vote: Ayes - Directors Keith, Dailey, IIJ� A __II NOVEMBER 15, 1977, Cont'd. Mayor Mehlburger, Directors Linkous, Wellons,- Castleman -and Jones - total 7; Noes­ None; Absent - None. A Public Hearing had been scheduled for this -time and place to hear arguments on the Petition from John J. T "ruemper, Jr., et al, -to vacate all that part of an Alley or Driveway Easement shown on the plats of Prospect Terrace and Prospect Terrace No. 2 Additions to-the City of Little Rock, Arkansas. As Notice of Hearing had been duly published on October 26, 1977 -and November 2, 1977, as required by Law, Mayor Mehlburger declared the Public Hearing to be open. There was no one present to speak in oppositio to the street closure and Mayor Mehlburger declared the Public Hearing closed, and an Ordinance to close the above named alley was placed on first reading. (See Ordinance No. 13,373 as follows) Ordinance No. 13,373 was presented, described as.. ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN PROSPECT TERRACE ADDITION TO THE CITY OF LITTLE"ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Keith, which was seconded by Director Dailey and unanimous adopted by the Board Members present, being seven in number and two = thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; after which the rules were .again suspended and the Ordinance was placed on its third and final reading, resulting from a motion by Director Linkous, seconded by Director Keith, and unanimously adopted by the Board Members present, bein seven in number and two - thirds or more of the members of the Board of Directors- elect. There was a thi and last reading of the Ordinance, followed by an Aye and No Vote on the passage'of the Ordinance which resulted as herein recorded: Ayes -- Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous," Well, Castleman and Jones - total 7; Noes - None; Absent", None. Whereupon,' the Ordinance was declared PASSED. Another Public Hearing had been scheduled for this time and place to hear arguments on the Petition from Shelden and Myrna Taxer by Attorney Tom A. Buford, to vacate and close a portion of 12th Street Pike abutting Lot 43, Santa 'Fe Park Addition to the City of Little Rock. As Notice of Hearing had been duly published on October 26, 1977 and November 2, 1977, as required by Law, Mayor Mehlburger declared the Public Hearing to be open. There was no one present to speak in opposition to the street closure and' Mayor Mehlburger declared the Public Hearing closed, and an Ordinance to close the above named street was placed on first reading. (See Ordinance No. 13,374, as follows) Ordinance No. 13,374 was presented, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THAT PART OF 12TH STREET PIKE SHOWN ON THE PLAT OF SANTA FE PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS and after the first reading, there was a motion by Director Dailey that the rules be. suspended and the Ordinance be placed on its second reading. The motion was seconded by Director-Keith, unanimously adopte by the Board Members present being seven in number and two - thirds or more of the members of-the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was then made by Director Keith, seconded by Director Dailey, that the rules again be- suspended to allow for the third and final reading of the Ordinance at this time, which motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous,Wellons, Castleman and Jones - "total-"7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. The petition of Wesley W. Hargis and Clyde Lee Chester, was presented at this time requesting the vacating and closing of a portion of Pryor Street in Windy Oaks Subdivision to the City of Little Rock, Arkansas, which had received the approval of the Planning Commission. Accompanying the Petition were the following documents: A letter from Standard•Abstract and Title Company certifying to the-last apparent Rowners of record of the abutting property; and a certified copy of the Pryor's Replat being part of Lot 1, NOVEMBER 15, 1977, Cont'd. West Markham Street Subdivision, and Windy Oaks Subdivision.to the City -of Little Rock, as the same now appear of record.in the Office of the Circuit Clerk of Pulaski County, Arkansas. (See Resolution No. 5,843, setting the date of Public,Hearing on the petition for December 1, 1977 at 7:30 o.'clock P. M.) , Resolution No. 5,843 was presented, and entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE STREET IN WINDY OAKS SUBDIVISION TO THE CITY.OF LITTLE ROCK, ARKANSAS; and after a full reading of the Resolution, there was a motion from Director Keith, seconded by Director Wellons, that the Resolution be adopted. A roll call was taken which resulted in. adoption of the Resolution by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones— total 7; Noes - None; Absent None. The next matter to be considered was the petition of the Board of Trustees of the University of Arkansas, requesting the vacating and closing of a portion of Taylor Street, Milton Street and Brack Street in the City of Little Rock, Arkansas, which petition was approved by the Planning Commission. Documents included with the Petition were a letter from the Little Rock Abstract Company certifying to the last apparent owners of record of the property abutting the portion of the streets to be closed, and a certified copy of a Plat from C. 0. and Lucie H. Brack to the Public; and from Foska Leymer to -the Public, as recorded in the office of the Pulaski County Circuit Clerk. (See Resolution No. 5,844, setting the date of Public Hearing on the petition for December 1, 1977 at 7:30 o'clock P. M.) Introduced at this time was Resolution No. 5,844, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS,,SETTING THE DATE OF HEARING ON THE PETITION TO VACATE STREETS IN BLOCK 16 AND BLOCK 33; C. 0. BRACK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Resolution was read in full. A motion was made by Director Keith, seconded by Director Wellons for adoption of the Resolution and subsequently submitted to a roll call vote whereby the Resolution was adopted as follows:. Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones total 7; Noes None; Absent - None. The petition of Mary M. Todd, Executrix_of the Estate of A. Metrailer, Deceased, by Attorney Gene Mazzanti, was presented next requesting the vacating and closing of an Alley in Block 2, Perry Heights Addition to the City of Little Rock, Arkansas, which had received approval of the Planning Commission. Filed with the petition was a letter from Beach Abstract and Guaranty Company certifying to the last apparent owners of record of the abutting property; and a certified copy of the Plat of Perry Heights Addition to the City of Little_Rock, Arkansas, as the same now appears of record in the Office of the Circuit Clerk of Pulaski County, Arkansas. (See Resolution No. .5,845, setting the date of Public Hearing on this Petition for December 1, 1977 at 7:30 o'clock P. M.) Resolution No. 5,845 was presented, and entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AN ALLEY IN BLOCK TWO, PERRY HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Resolution being read in full. There was a motion from Director Keith, seconded by Director Wellons, that the Resolution be adopted. A roll call was taken whereby the.Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent -- None. The next matter to be considered was Ordinance No. 13,375, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 13,358.OF THE BOARD OF DIRECTORS PERTAINING TO LICENSE AND , I PRIVILEGE TAXES; AND FOR OTHER PURPOSES; which Ordinance was read the -first time. City Collector Dick Jones explained the changes proposed in the Privilege Tax Rate Schedule, as proposed by the Finance Department.- Mr. Daniel H.- Woods, Manager of Industrial Relations of the Timex Corporation and Mr. Jack Young, Attorney,: for H & R Block, spoke ,503 NOVEMBER 15, 1977, Cont-'d. - I i regarding the computation of tax on the number of employees, advising that some of their employees were employed for only a few days and would leave for other employment, yet they are required to report them. At this time, Director-Wellons made a motion to amend the proposed Ordinance to require 100% of average ' of employees as reported for the designated three quarters be used to compute the tax, instead of'90%. Director Keith seconded the motion and a roll call vote was taken with the results recorded as follows: Ayes - Directors Keith, Wellons and Castleman - total 3; Noes - Director Dailey, Mayor Mehlburger, Directors Linkous and Jones ,- total 4; Absent - None. Therefore, the motion failed to be adopted. With no further discussion, the rules were then suspended 'and the Ordinance placed on second reading by a motion made and seconded by Directors Linkous and Jones, respectively, which was subsequently adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the.-'Ordinance and an ensuing motion from Director Linkous, seconded by Director Dailey, for a further suspension of-the rules to provide for the third and final reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two -- thirds of the members of the -Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and,No Vote taken on the passage of the Ordinance received the following response: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - Director Keith - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. Presented next for consideration was Resolution No. 5,846, described as: A RESOLUTION ACCEPTING A $150,000 COMMITMENT FROM THE REBSAMEN FOUNDATION; EXPRESSING APPRECIATION; NAMING THE TENNIS CENTER IN THE NEW UNIVERSITY "PARK COMPLEX THE "RAYMOND-REBSAMEN TENNIS CENTER "; - AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, there was a motion by Director Castleman, seconded-by Director Linkous, that the Resolution be adopted. A roll call was taken and the resulting vote'adopted the Resolution as herein described: Ayes - Directors,Keith, Dailey, Mayor Mehlburger, Directors',Linkous, Wellons, Castleman and Jones - total 7; Noes - None; - Absent - None. Introduced at this time was a proposed Resolution, containing the following title: A RESOLUTION ESTABLISHING ADMISSION FEES FOR THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES; with said Resolution being read in full. A lengthy discussion ensued with Director Linkous stating that he would be making a motion that the Resolution be tabled. Mr. Willard Johnson, Chairman of the Barrow - Road Action Group, was the first citizen-to speak and suggested other means such as privilege, auto and income taxes, be used as a tool to obtain revenue for Zoo operations rather than an admission fee. He- asked the Board of Directors to consider ways and means to educate the public on the needs of the Community. Mr. Charles Bussey expressed his opinion that there should be'no- admission"fee to the Zoo. Dr. James Mittelstaedt, Professor at the University of Arkansas -at Little Rock, explained that'the admission fee might be considered as a'method for "gate control." He outlined some of the operations at the Zoo in Kansas City and suggested that City Officials visit that Zoo at some time in the future.' ' Director Linkous stated that the Zoo is worthy of State Aid and felt the City should go to the State Legislature-for assistance. He further added, "it is'going to place a hardship on a lot of people who want to go to the Zoo, if an 'admission chargel,#s' required." Director Jone's suggested tliat the City approach the County and State for funds, and that a Task-Force-be organized to work on the entire project and bring the matter back to the Board. Ms.-Betty Jones who is working on the fund campaign for the Zoo felt an indepth study should be made. Director Keith then made a motion ' that the 'Resolution be adopted, ' which motion died for lack of a second. At this time, Director Wellons suggested "that we! delay action on this matter until we can get a report of a good Zoo operation that will tell us the cost of operations and what kind of people -are needed for security, so that we can have the whole package; and bring this to us in depth, step by step, within thirty days." There was no action taken on the adoption of the ' Resolution, therefore, it was delayed for thirty days.- I � 504 NOVEMBER 15, 1977, Cont'd. Resolution No. 5,847 was next presented, with the title being: A RESOLUTION ACCEPTING AND APPROVING THE RECOMMENDATIONS OF THE CETA ADVISORY COUNCIL PERTAINING TO TITLE I ALLOCATIONS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. Mr. Howard Himmelbauin, Associate Director of the Urban League read a statement from Mr. Howard Love, Executive Director of the Urban League, in which he requested that funding of the Urban League's "Comprehensive Needs Study" be included in these allocatio There was no further discussion and a motion was made by Director Jones, seconded by Director Wellons, that the Resolution be adopted. A roll-call was taken and the resulting vote adopted the Resolution as herein described: Ayes - Directors Keith,'Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Director Linkous was excused. There was presented Resolution No. 5,848, entitled: A RESOLUTION AUTHORIZING CONTRACTS FOR FIRE SERVICES OUTSIDE THE CORPORATE LIMITS OF THE CITY; AND FOR OTHER PURPOSES; (Re: Isgrig Greenhouses, Bell Space Center Warehouse and Herbst Shoe Manufacturing Company) and said Resolution was read in its entirety, and thereafter adopted upon motion of Director Castleman, seconded by Director Dailey, and the following roll call vote: Ayes- Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. City Manager Carleton E. McMullin advised that he was preparing an overall "Strategy on Annexation" Report that would contain information on fire contracts. The next Resolution to be considered was No. 5,849, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE A MUTUAL COOPERATION AGREEMENT FOR ENFORCE- MENT OF CITY -STATE REGULATIONS IN CAPITOL AND MANSION AREAS OF THE CAPITOL ZONING DISTRICT; AND FOR OTHER PURPOSES; with the Resolution being read in full, and subsequently adopted upon motion of Director Dailey, seconde by Director Jones, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. Director Linkous was re- enrolled. Then presented was Resolution No. 5,850, with the title being: A RESOLUTION AUTHORIZING THE CITY OF LITTLE ROCK TO ENTER INTO AN INTERLOCAL COOPERATION AGREE -. ' MENT, AS AMENDED, WITH PULASKI COUNTY AND PERRY COUNTY FOR A CENTRAL ARKANSAS LIBRARY SYSTEM; AND FOR OTHER PURPOSES; with said Resolution being read in full. There was a motion from Director Dailey, seconded by Director Jones, that the Resolution be adopted. A roll call was taken whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castle- man and Jones - total 7; Noes - None; Absent - None. The next matter to be considered was Resolution No. 5,851, entitled: A RESOLUTION URGING THE ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY TO APPEAL THE DECISION OF THE CIRCUIT COURT OF PULASKI COUNTY IN THE DECISION OVER THE PERMIT FOR THE LANDFILL ON THE WORTH JAMES PROPERTY; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. Ms. Billy Jo Humphrey and Ms. Dean, residents of the area, spoke and urged the adoption of this Resolution. There was a motion by Director Dailey, seconded by Director Linkous, that the Resolution be adopted. A roll call was taken and the resulting vote adopted the Resolution as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. �50 NOVEMBER 15 1977, Cont'd. Resolution-No. 5,852 was.next presented, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF LABOR TO FUND A YOUTH COMMUNITY CONSERVATION AND IMPROVEMENT PROJECT AND A YOUTH EMPLOYMENT AND TRAINING PROGRAM; AND FOR OTHER PURPOSES; with the Resolution being read in full and subsequently adopted as the result of a motion by Director Dailey, seconded by Director Jones, and the following roll call vote: Ayes - Directors Keith, Dailey., Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent'- . None. At this time, Resolution No. 5,853 was presented, with the title being: A RESOLUTION SUPPORTING THE NEED FOR SPECIAL LEGISLATION FOR FUNDING THE CONSTRUCTION OF A BRIDGE OVER THE LITTLE MAUMELLE RIVER; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution which was thereafter adopted upon motion of Director Keith, seconded by Director Dailey, and by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons., Castleman and Jones -- total 7; Noes .None; Absent - None. ' The last matter for consideration was Resolution No. 5,854, entitled: - A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Re: Mr-Willard Johnson, Mr. Bob J. Nash and Mr. Terry L. Mathews appointed to Planning Commission;,< Mr. Lewis J. Schaufele, Jr. and Mr. Gus Vratsinas appointed to Wastewater Utility Committee; Mr. Don Mehlburger and Mrs. Janet Buford appointed to the Transit Policy Board; and Mrs. Myra Jones appointed to the 208 Study Committee of the Advisory Council of Metroplan.) and after a full reading of the Resolution, there was a motion from Director Dailey, seconded by Director Linkous, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Reso- lution by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7 Noes - None; Absent - None. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Dailey, seconded by Director Keith, and by unanimous vote of the Board Members present, the meeting was adjourned at 1:10 o'clock A. M. to meet again in regular re- scheduled meeting on Thursday, December 1, 1977 at 7:30 o'clock P. M. The meeting had been previously re- scheduled for December 1st instead of December 6th, neorderhfor *theaBoardj.eibersato'daftend the annual meeting of the National League of Cities being held in San Francisco, California. ATTEST: APPROVED: - City Clerk Mayor Y UM Board of Directors Chamber Little Rock, Arkansas December 1, 1977 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. •There being a quorum in attendance, it was so announced, and the following proceedings occurred: The Invocation was given by Director Dailey. Presented first from the Official Agenda were the Consent Items, described as follows: (a) The Minutes of the previous meeting held on November 15, 1977. (b) Resolution No. 5,855, entitled; A RESOLUTION ACCEPTING BIDS -AND AWARDING CONTRACTS FOR THE ANNUAL PURCHASE OF VEHICULAR BATTERIES AND FILTERS; AN OFFSET DUPLICATOR MACHINE; DEMOLITION OF CERTAIN i CONDEMNED STRUCTURES AND SITE CLEARANCE; CONSTRUCTION OF A FEE CLERKS OFFICE AT THE NEW SANITARY LANDFILL; REMODELING WORK AT THE ARKANSAS ARTS CENTER; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (c) Resolution No. 5,856, with the title being: A RESOLUTION HONORING MR. JAMES E. WALTERS ON HIS BIRTHDAY; AND FOR OTHER PURPOSES. By Motion of Director Dailey, seconded by Director Wellons, with all Board Members present voting Aye, the following action was taken on the foregoing Consent Items: (a) The Minutes were approved as written and summarized; (b) Resolution No. 5,855 was read in full and adopted; and (c) Resolution No. 5,856 was read in full and adopted. Ordinance No. 13,376 was presented, described as: AN ORDINANCE CLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (Property on the east and west sides of Chicot Road, north of Interstate 30) which Ordinance was read the third time on November 15, 1977, with no action being taken on the passage. A discussion ensued and Mr. Allen Bird, II, Attorney for the petitioners, was the first person to speakll He advised the Board of Directors that his client, Mrs. Thomas, is agreeable to the execution of a , covenant basically saying that all trees, six inches in diameter or larger, and green grass will be left for the 75 -foot green strip. He stated that all streets are to be eighty feet,`in width. Mr. Bird advised the documents would be prepared and there would be no problem in obtaining them. Mr. Perry Whitmore, Attorney for. the property owners in the area, cited several cases in which covenants and bills of assurance had not been enforceable. There was no further discussion and the results of the follow- ing roll call is recorded herein: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A Public Hearing had been scheduled for this time and place to hear arguments on the Petition from Wesley W. Hargis and Clyde Lee Chester, to vacate and close a portion of Pryor Street in Windy Oaks Subdivision to the City of Little Rock, Arkansas. As Notice of Hearing had been duly published on November 17, 1977 and November 24, 1977, as required by Law, Mayor Mehlburger declared the Public Hearing to be open.. There was no one present to speak in opposition to the street closure and Mayor Mehlburger declared the Public Hearing closed, and an Ordinance to close the above named street was , placed on first reading. (See Ordinance No. 13,377 as follows) Ordinance No. 13,377 was presented, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING A PORTION OF PRYOR STREET IN WINDY OAKS SUBDIVISION TO THE CITY OF LITTLE ROCK, ARKANSAS; I X507 i DECEMBER 1, 1977, Cont'd. and said Ordinance was read -the first time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Keith, which was seconded by Director Dailey and unanimous) adopted by the Board Members present,.being seven in number and two - thirds or more of the members of the ' Board of Directors-elect. The Ordinance was read the second time; after which the rules were again suspended and the Ordinance was placed on its third and final reading, resulting from a motion by Directo Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. There was a third and final reading of the Ordinance, followed by.an Aye and No Vote on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellon , Castleman and Jones total 7; Noes - None; Absent - None. - Whereupon, the Ordinance was declared PASSED. A Public Hearing had been scheduled for this time and place to hear arguments on the Petition from the Board of Trustees of the University of Arkansas, to vacate and close a portion of Taylor and Milton Streets, and Brack Avenue, in Blocks 16 and 33 of C. 0. Brack Addition to the City of Little Rock, Ark- ansas. As Notice of Hearing had been duly published on November 17, 1977 and November 24, 1977, as required by Law, Mayor Mehlburger declared the Public Hearing to be open. There was no one present to speak in opposition to the street closures and Mayor Mehlburger declared the Public Hearing closed, and an Ordinance to close the above named streets was placed on first reading. (See Ordinance No. 13,378, as follows) Ordinance No. 13,378 was presented, containing the following title: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE STREETS IN BLOCK 16 AND BLOCK 33, C. 0. BRACK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and after the first reading, there was a motion by Director Keith that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Director Dailey, unanimously adopted by the Board Members present being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the second reading of,the Ordinance ensued. A subsequent motion was then made by Director Linkous, seconded by Director Dailey, that the rules again be suspended to allow for the third and final reading of the Ordinance at this time, which motion was - unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes — Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; .Absent - None. It was announced that the Ordinance.had PASSED. Another Public Hearing had been scheduled for this' time and place Eo hear arguments on the Petition from Mary M. Todd; Executrix of the Estate of A. Metrailer, deceased, by.Attorney Gene Mazzanti, to vacate and close a portion of the alley located in Block.2, Perry Heights, between I -630 and Maryland Avenue, in the City of Little Rock, Arkansas. As Notice of Hearing had been duly published.on November 17, 1977 and November 24, 1977, as required by Law, Mayor Mehlburger declared the Public Hearing to be open. There was no one present to speak in opposition to the street closure and Mayor Mehlburger declared the Public Hearing closed, and an Ordinance to close the'above. named alley was.placed on first reading. (See Ordinance No. 13,379 below) Introduced at this time was Ordinance No. 13079 with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,-ARKANSAS, VACATING AND CLOSING THE ' ALLEY IN BLOCK TWO, PERRY HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance. A motion then.followed from Director Keith, seconded by Director Dailey, for a suspension of the rules and the placing of the Ordinance on its second reading;, which motion was adopted by unanimous vote of the Board Members present, being seven in 'number and two- - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; 50c�� 11977, Cont'd. ich there was a motion by Director Linkous, seconded by Director Dailey, to again suspend the provide for the third and final reading of the Ordinance at.this time. The motion was un- y adopted by the Board Members present, being seven in number and two- thirds or more of the F-Directors of the Board of Directors - elect; and the Ordinance was then read the third and last time. The ' of the Ordinance was then submitted to an Aye and No Vote which resulted as herein described: irectors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones Noes - None; Absent - None. The Ordinance was declared PASSED. The next matter to be considered was Ordinance No. 13,380, entitled: AN ORDINANCE FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES, CHARGES AND SPECIAL TAXES TO BE PAID THE CITY OF LITTLE ROCK, ARKANSAS BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF; AND FOR OTHER PURPOSES; with said Ordinance being read the first time, followed by a motion from Director Keith, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the second time. There was a further suspension of the rules at this time which placed the Ordinance on its third and final reading by motion of Director Linkous, again seconded by Director Dailey, and unanimously adopted by the Board , Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote on the passage of the Ordinance, which received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 4 of Ordinance No. 13,380 was read and submitted to the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones-- total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency Section had been PASSED. There was presented Ordinance No. 13,381, with the title being: AN ORDINANCE AMENDING IN PART SECTIONS,I AND 2 OF ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE TAX TO BE PAID BY ARKANSAS LOUISIANA GAS COMPANY FOR THE YEAR 1978; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. The rules were then suspended and the Ordinance , placed on its second reading by a motion made and seconded by Directors Keith and Dailey, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. A second reading of the Ordinance ensued; after which there was a motion by Director Linkous, seconded by Director Dailey, that the rules again be suspended to allow for the third and final reading of the Ordinance at this time. The motion was adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and No Vote taken'on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 5 of Ordinance No. 13,381 was read and submitted to.the following roll call vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total.7; Noes - None; Absent - None. Therefore, the Ordinance, to- gether with the Emergency Section, was declared PASSED. ' Introduced at this time was Ordinance No. 13,382, described as: AN ORDINANCE AMENDING IN PART SECTIONS 2 AND 3 OF ORDINANCE NO. 11,345 TO PROVIDE FOR LEVYING ADDITIONAL PRIVILEGE TAXES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY_ FOR THE YEAR 1978; PROVID- ING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; Jill 6 L DECEMBER 1, . 1977, Cont'd. and the Ordinance was read the first time. The rules were then suspended to allow for the second read- ing of the Ordinance at this time by a-motion made by Director Keith, seconded by Director Dailey and ' unanimously adopted-by the Board Members present, being seven in number and two = thirds or more of the members of the Board of Directors - elect. There was 's second reading of the Ordinance; after which, there was a subsequent motion by Director Linkous, seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was:adopted by un- animous vote of the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote on the passage of the Ordinance, with the results recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes -. None; Absent - None. The Emergency Section included in Section 5 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith; Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance,,together with the Emergency Section was declared PASSED. ' Ordinance No. 33,383 was presented next, entitled: AN ORDINANCE LEVYING A PRIVILEGE TAX UPON THE LITTLE ROCK MUNICIPAL WATER WORKS; AUTHORIZING PASS- ING ON SAID TAX TO RESIDENT WATER CONSUMERS; AND DECLARING AN EMERGENCY; with the Ordinance being read the first time. A motion followed from Director Keith, seconded by Director Dailey, for suspension of the rules to allow for the second reading of the Ordinance at this - time. The motion was adopted by unanimous vote 'of the Board Members present; being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordi- nance ensued. A subsequent motion was made at this time by Director Linkous, again seconded by Director Dailey, to suspend the rules and place the Ordinance on its, third and final reading; with the motion being unanimously adopted by the Board Members present, being seven in number.and two - thirds or more of the members of the Board of Directors - elect. -The- Ordinance was read the third and last time; after which, there was an Aye and No Vote-taken on-the passage-of the Ordinance, resulting as herein recorded: Ayes - Directors Keith and Dailey, Mayor Mehlburger; Directors Linkous, Wellons, Castleman and Jones- - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 4 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors.Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was,then announced that.the Ordinance, with the Emergency Section included, had been PASSED. - There was presented, Ordinance No. 13,384, containing the following title: AN ORDINANCE APPROPRIATING -FUNDS FOR THE PURCHASE OF CRISS AND SHAVER PROPERTY; -AND FOR OTHER - PURPOSES; ($353,000.00 From G. 0. Bond Funds to match Housing-Authority Funds) which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Keith,*seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Director Linkous, seconded by Director Dailey, ;,to again suspend the rules and place the Ordinance on its third and final reading. The* motion was adopted by unanimous vote of the Board Members present, being ' seven in number and.two- thirds or more of the members of the Board of.Directors- elect; and the - Ordinance was then read the third and last time. The question of the passage of the Ordinance was submitted to an Aye and No Vote, which resulted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; .Absent - None. The.Ordinance was then declared PASSED. I I ✓ 510 DECEMBER 1, 1977, Cont'd. The next presentation was Ordinance No. 13,385, described as: AN ORDINANCE RECOGNIZING RECEIPT OF A SUBGRANT AWARD FROM THE ARKANSAS COMMISSION ON CRIME AND LAW ENFORCEMENT FOR THE EMPLOYMENT OF A VOLUNTEER COORDINATOR TO ASSIST IN THE MUNICIPAL COURT PROBATION , PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY CONTRACT DOCUMENTS RELATED TO ACCEPTANCE OF THE AWARD; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; ($449.00) and there was a first reading of the Ordinance. A motion was then made by Director Keith, seconded by Director Dailey, for a suspension of the rules to provide for the second reading of the Ordinance; which motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, there was a subsequent motion by Director Linkous, seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by un- animous vote of the Board Members present, and the Ordinance was read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Direct Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next item presented was Resolution No. 5,857, entitled: ' A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1978; AND FOR OTHER PURPOSES; which Resolution was read in full. Upon motion of Director Linkous, seconded by Director Dailey, a roll call was taken whereby the.Resolution was adopted by the following vote: Ayes - Directors Keith, Dailey Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - Norte. There was presented Resolution No. 5,858, with the title being: A RESOLUTION REQUESTING THE ASSISTANCE OF THE PULASKI COUNTY JUDGE IN ESTABLISHING AN ANNEXATION REVIEW PROCEDURE IN ORDER TO FACILITATE THE ORDERLY EXPANSION OF CITY BOUNDARIES; with said Resolution being 'read in its entirety. At this time, there was a motion by Director Dailey, seconded by Director Castleman, for adoption of the Resolution. The resulting roll call then provided for adoption of the Resolution as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. ' The next matter to be considered was the Report of the City Manager on Annexation Strategy. A brief discussion followed regarding contracts for fire service outside the corporate limits of the City. Director Wellons stated, "I am wondering, if as a part of our overall policy, we don't need to take a look at this, and where we have industries that we have served, determine whether we have a commitment to these folks." Director Dailey expressed just cause for consideration regarding the matter. There was no further discussion and a motion was then made by Director Dailey, seconded by Director Keith, that the Report be received and filed, which motion was adopted by unanimous voice vote of the Board Members present. There was presented a proposed Resolution, described as: A RESOLUTION PERTAINING TO LOU HOLTZ AND JAMES 0. POWELL; with the Resolution being read in its entirety. A motion was then made by Director Keith, seconded by Director Wellons, for the adoption of the Resolution. A roll call on the Aye and No Vote was taken with the results recorded as follows: Ayes - Directors Keith and Wellons - total 2; Noes - Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 4; Abstaining - Director Dailey - total 1; ' Absent - None. 512 DECEMBER 1, 1977, Cont'd. -' Under Citizen Communications, Mr. Henry C. Breyel of 7708 West 28th Street spoke to the Board ' regarding the condition of West 28th Street east of John Barrow Road. City Manager Carleton McMullin agreed that the need for improvements exists and that it is a very uncomfortable street, although he had no solution to offer other than a Block Grant Priority Project or the formation of an Improvement District. Director Jones mentioned that some changes had been made in the wording of the Resolution requesting assistance of the County Judge in establishing an Annexation Review Procedure;,since the Agenda Meeting, and felt the Board should have been informed of the changes prior to the Board Meeting. As there was no further business to be presented or to come before the Board o.f,Directors, upon motion of Director Dailey, seconded by Director Keith, and by unanimous vote of the Board Members present the meeting was adjourned at 8:55 o'clock P. M. to meet again in regular session on Tuesday, December 201 1977 at 7:30 o'clock P. M. ATTEST: APPROVED: City Clerk Mayor t. 5121 Board of Directors-Chamber Little Rock, Arkansas December 20, 1977 - 7:30 P. M. , The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent , Director Wellons - total 1. It was announced by the Mayor that a quorum was present, and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Dailey. Presented first was the Consent Agenda, consisting of the following items; (a) The Minutes of the previous meeting held on December 1, 1977. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of October, 1977. (c) The Audit Report of the Oakland - Fraternal Cemetery for a period ending October 31, 1977. (d) Resolution No. 5,859,'.entitled: A RESOLUTION ENDORSING THE GOALS AND PURPOSES OF THE PARTNERSHIP PROGRAM; AGREEING TO ASSIST IN THE OPERATION OF THE PROGRAM; AND FOR OTHER PURPOSES. (e) Resolution No. 5,860, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, AUTHORIZING AN EASEMENT FOR A RECTIFIER UNIT IN RESERVOIR PARK, IN THE CITY OF LITTLE ROCK, ARKANSAS. (f) Resolution No. 5,861, described as: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, AUTHORIZING AN EASEMENT FOR A RECTIFIER UNIT OFF FRAZIER PIKE SOUTH OF ROOSEVELT ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS. (g) Resolution No. 5,862, containing the following title: A RESOLUTION AUTHORIZING THE DEDICATION OF TWO PARCELS OF LAND TO THE ARKANSAS STATE HIGHWAY COMMISSION TO SATISFY RIGHT OF WAY REQUIREMENTS FOR WIDENING ASHER AVENUE; DIRECT- ING THE CITY ATTORNEY'S OFFICE TO PREPARE THE NECESSARY DOCUMENTS OF CONVEYANCE; AND FOR OTHER PURPOSES. , (h) Resolution No. 5,863, entitled: A RESOLUTION AUTHORIZING A CONTRACT FOR A GAS MAIN EXTENSION FOR THE NEW ANIMAL SHELTER; AND FOR OTHER PURPOSES. (i) Resolution No. 5,864, with the title being: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR DEMOLITION OF THE OLD ANIMAL SHELTER AND CONSTRUCTION OF A NEW ANIMAL SHELTER; ANNUAL PURCHASE FOR OIL AND LUBRICANTS; REROOFING CITY HALL AND CITY GARAGE BUILDINGS; ANNUAL PURCHASE OF WELDING SUPPLIES; ANNUAL PURCHASE OF DIESEL FUEL, PROPANE AND KEROSENE; ANNUAL PURCHASE OF UPHOLSTERY AND GLASS REPAIR AND REPLACEMENT; AND STREET AND UNDERGROUND STORM SEWER IMPROVEMENTS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. By a motion from Director Linkous, seconded by Director Dailey, which was unanimously adopted by the Board Members present, the foregoing items were dispensed with as follows: (a) The minutes were approved as written and summarized; (b & c) The Reports were received and filed; and (d, e, f, g, h & i) Resolution Nos. 5,859, 5,860, 5,861, 5,862, 5,863 and 5,864 were read in full and adopted. , The following Zoning Petitions were presented next: Z -3185 - From Mrs. J. B. Joyner and W. F. Berg, by Jean Carnation, Inc., Realtor, to rezone 1215 -1219 Battery Street, described as Lots 4 & 5, Block,5, Centennial Addition, from "C" Two- family District to "E -1" Quiet Business District. 513 DECEMBER 20, 1977, Cont'd. - Z- 2121 -A - From Joe P. Kaufman to rezone 3245 Mary Street, described as the South 1/3 of Lots 11, 12 and 13, Block 29, C. 0. Brack Addition, from "E" Apartment District to "I" Light Industrial District. ' As the foregoing Petitions had received the approval of the Planning Commission and there was no one present in opposition to the proposed rezoning, an Ordinance to reclassify these properties was placed on first reading. (See Ordinance No. 13,386, as follows) Ordinance. No. 13,386 was presented, with the title being: AN ORDINANCE CLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Linkous, seconded by Director Dailey', and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion again made and seconded by Directors Linkous and Dailey, respectively, to suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present being six in number and two - thirds or more of the members of the.Board of Directors - elect; and the Ordinance was then read the third and last time. The question of the passage of the Ordinance was at ' this time submitted to an Aye and No Vote, which resulted as follows': Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous; Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. Whereupon, the Ordinance was declared PASSED. A Zoning Petition had been placed on the Official Agenda to rezone the 2400 and 2700 Blocks of Barrow Road, from "A" One- family District to "MF -12" Multi- family District, except the west 110 feet, which would remain "A" One- family District. The proposal received the approval of the Planning Commissio by an 8 -3 vote. It was unanimously agreed by the Board Members present'to delay action on the petition until the next regular meeting of the Board of Directors on January 3, 1978; therefore, no action was taken at this time. There was presented Ordinance No. 13,387, containing the following title: AN ORDINANCE AMENDING THE LEGAL DESCRIPTION CONTAINED IN ORDINANCE 1113,285; AND FOR OTHER PURPOSES; (Reclassifying Labette Drive at Labette Manor) ' and there was a first reading of the Ordinance. A motion was then made by Director Linkous, seconded by Director Castleman, for a suspension of the rules to provide for the second reading of the Ordinance; which motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, there was a subsequent motion by Director Dailey, seconded by Director Castleman, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by un- animous vote of the Board Members present, being six in number and two- thirds or more of the Board of Directors - elect, and the Ordinance was read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent _ Director Wellons - total 1. It was announced that the Ordinance had PASSED. The next matter to be considered was a Petition from Fones Brothers Hardware Company, et al, requesting the vacation and closure of the north /south alley in Block 37, Original City of Little Rock, Arkansas, which had received the approval of the Planning Commission. Accompanying the Petition were ' the following documents: A letter from Little Rock Abstract- Company certifying to the last apparent owners of record of the abutting property; and a certified copy of a "Map of the Town of Little Rock" on file in the records in the Office of the Circuit Clerk of Pulaski County, Arkansas. (See Resolution No. 5,865, setting the date of Public Hearing on the petition for January-17,- 1978 at 7:30 P. M.) F 514 DECEMBER 20, 1977, Cont'd. - Resolution No. 5,865 was presented, and entitled: RESOLUTION OF THE-BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK 37, ORIGINAL CITY ADDITION TO THE CITY OF LITTLE ROCK, ' ARKANSAS; and after a full reading of the Resolution, there was a motion from Director Linkous, seconded by Director Keith, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent •- Director Wellons - total 1. Introduced at this time was Ordinance No. 13,388, with the title being: AN ORDINANCE PnVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1978 AND ENDING DECEMBER 31, 1978; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. At this time Director Linkous made a motion that "under Recreation - (b) Swimming Pools, and additional $10,000.00 be appropriated for the specific purpose of keeping the swimming pools open for sixty days instead of thirty- five." Mr. Jack Murphy, Director of Finance advised that the additional appropriation would not create a problem because it could be taken from the unappropriated reserve fund. The motion was seconded by Director Dailey and adopted by the , following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 5; Noes - Director Keith - total 1; Absent - Director Wellons - total 1. Mayor Mehlburge at -this time, proposed that as a matter of policy, the Board of Directors have an annual review of the City Manager's salary in January. Also, it was pointed out that there are two vacancies on the City Attorney's Staff and the City Manager was directed not to fill these positions and come up with a proposed method whereby the City can employ an attorney with office in the City Hall to perform City legal work and certain other legal services as may be desired; and to study available space within the City Hall for this office. There was no further discussion and Director Linkous made a motion that the Ordinance, as amended, be placed on second reading. The motion was seconded by Director Dailey and adopted unanimously by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance, as amended, was read the second time; after which the rules were again suspended and the Ordinance was placed on its third and final reading, resulting from a motion by Director Linkous, seconded by Director Dailey, and unanimously adopted by ' the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, as amended, followed by an Aye and No Vote on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. The Emergency Clause contained in Section 10 of Ordinance No. 13,388 was read and submitted to the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. It was announced that the Ordinance, as amended, together with the Emergency Section had been PASSED. Ordinance No. 13,389 was presented next, with the title being: AN ORDINANCE AUTHORIZING THE CREATION OF PROJECT /ENGINEER CATEGORIES WITHIN THE CAPITAL BOND ISSUE PROJECT ACCOUNTS; APPROPRIATING FUNDS THEREFOR; AND FOR OTHER PURPOSES; - with there being a first reading of the Ordinance. A motion was made by Director Linkous, seconded by Director Dailey, for a suspension of the rules to allow for the second reading of the Ordinance. The , motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. An ensuing motion was'made at this time which suspended the rules and placed the Ordinance on its third and final reading, with the motion being made by Director Linkous, again seconded by Director Dailey, 1 J 1 DECEMBER 20, 1977, Cont'd. and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a third and last reading-of the - Ordinance; after which an Aye and No -Vote was taken on the passage of the Ordinance which received-the following response: Ayes Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; - Absent Director Wellons - total 1. The Ordinance was then declared PASSED. Presented for consideration at this time was Resolution No. 5,866, with the following title:. A RESOLUTION ADOPTING A PAY PLAN FOR PERSONNEL OF-THE CITY OF LITTLE ROCK FOR THE YEAR 1978; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. There was a motion then made by Director Linkous, seconded by Director Dailey, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - -total 1. Introduced at this time was Ordinance No. 13,390, entitled: AN ORDINANCE AMENDING SECTION 2 -14 OF THE•CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO PAY RATE AT TIME OF APPOINTMENT; REEMPLOYING FORMER EMPLOYEE; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were then suspended to allow for the second readin of the Ordinance at this time by a motion made by Director Linkous, seconded by Director Jones and un- animously.adopted by the Board Members present, being six in number and two - thirds or more of the member of the Board of Directors - elect. There was a second reading of the Ordinance; after which, there was a subsequent motion by Director Dailey, seconded by Director Linkous, that the rules again be suspended an the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directo elect. The Ordinance was then read the third and last time, followed by. an Aye and No Vote on the passage of the Ordinance, with the response being: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. Whereupon, the Ordinance was declared PASSED. Ordinance No. 13,391 was presented, containing the following title: AN ORDINANCE AMENDING SECTION 2 -15 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO SALARY INCREASES TO COMPLY WITH SALARY RANGES; EXCEPTIONS; AND FOR OTHER PURPOSES; and after the first reading, there was a motion by Director Linkous that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Director Jones, unanimously adopted by the Board Members present being six in number and two - thirds or more of the members of the. Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was then made by Director Dailey, seconded by Director Linkous, that the rules again be suspended-to allow for th third and final reading of the Ordinance at this time, which motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors -ele The resulting Aye and No Vote taken on the passage of -the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. It was announced that the Ordinance had PASSED. The next matter to be considered was.Ordinance No. 13,392, entitled: AN ORDINANCE AMENDING SUBSECTION "A " -OF SECTION 2 -23 OF THE CODE OF ORDINANCES FOR THE CITY OF ROCK, ARKANSAS, PERTAINING.TO VACATIONS, SICK LEAVE, AND MILITARY LEAVE; AND FOR OTHER PURPOSES; with said Ordinance being read the first time, followed by a motion from Director Linkous, seconded by Director Jones, to suspend the rules and place the Ordinance on its second reading. The motion was un- animously adopted by the Board Members present, being six in number and two - thirds or more of the memb of the Board of Directors - elect, and the Ordinance was then read the second time. There was a further suspension of the rules at this time which placed the Ordinance on its third and final reading by motion of Director Dailey, seconded by Director Linkous, and unanimously adopted by..the Board;Members present, J 51 DECEMBER 20 1977, Cont'd. being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote on the passage of the Ordinance, which received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. The Ordinance was declared PASSED. Resolution No. 5,867 was next presented, described as: A RESOLUTION AUTHORIZING AN AMENDMENT TO THE PUBLIC TECHNOLOGY AGREEMENT; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion from Director Dailey, seconded by Director Linkous, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. There was presented Resolution No. 5,868, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT; AND FOR OTHER PURPOSES; (Relative to improvement and maintenance of Urban Arterial and Collector Routes on the Federal Aid Urban System) with the Resolution being read in full and subsequently adopted as the result of a motion by Director Keith,.seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors•Linkous, Castleman and Jones -- total 6; Noes - None; Absent - Director Wellons - total 1. Next presented was Resolution No. 5,869, entitled: A RESOLUTION PERTAINING TO CABLE TELEVISION SYSTEMS FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; which Resolution was read in its entirety. Director Dailey suggested that another work session be set up on cable television and that the Board move along with this matter as rapidly as possible. It was agreed that a date would be decided upon at the next Agenda Meeting. A motion by Director Keith, seconded by Director Jones, resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, and Director Jones - total 4; Noes - Directors Linkous and Castleman - total 2; Absent - Director Wellons - total 1. Resolution No. 5,870 was presented, and entitled: A RESOLUTION APPROVING A PILOT PROJECT TO UTILIZE EXISTING HOUSING STOCK TO PROVIDE HOUSING FOR LOW INCOME CITIZENS; AND FOR OTHER PURPOSES; with there being a complete reading of the Resolution. Upon question by Director Linkous, Mr. Nathanie Hill, Director of Human Resources, advised that consideration was given to five -year ownership rather than the term of the loan. A motion was then made by Director Linkous, seconded by Director Dailey, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. Introduced next was Resolution No. 5,871, described as: / I A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK WATER WORKS COMMISSION; AND FOR OTHER PURPOSES; (Appointing Russell H. Matson, Jr. to 8 -year term expiring October 31, 1985) and said Resolution was read in full; after which there was a motion by Director Linkous, seconded by Director Dailey, that the Resolution be adopted. The resulting roll call vote adopted the Resolution ' as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. ✓ 1111111 I DECE24BER 20 1977, Cont'd. The last matter for consideration was Resolution No. 5,862, containing the following title: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK MUNICIPAL AIRPORT COMMISSION; AND FOR ' OTHER PURPOSES; (Appointing Mr. Seth Ward for a five -year term, beginning January 1, 1978) with the Resolution being read in full and subsequently adopted as the result of a motion by Director Linkous, seconded by Director Dailey, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes -None; Absent - Director Wellons - total 1. A brief discussion followed regarding Boards and Commissions. Director Linkous requested that special recognition be given to Rabbi Sanders who has served on the Library Board of Trustees for fifty - one years, and that a Resolution be placed on the January 3rd Agenda recognizing this service. Also, a possible vacancy on the Advertising and Promotion Board was mentioned and it was suggested that a well qualified minority member would be desirable; however, Director Keith recommended that no action be taken at this time. Director Dailey advised that a proposal is underway by the State Natural and Cultural. Heritage Department to form an historic district in the downtown Little Rock business district, stating that it has drawn opposition from some members of the business community. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Linkous, seconded by Director Keith, and by unanimous vote of the Board. Members present, the meeting was adjourned at 8.25 o'clock P. M. to meet again in regular session on Tuesday, January 3, 1978 at 7:30 o'clock P. M. ATTEST:. /C/ APPROVED: City Clerk A Mayor I I I - Iry Board of Directors Chamber Little Rock, Arkansas January 3, 1978 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey., Linkous, Wellons, Castleman and Jones - total 6; Absent - -None. There being a quorum in attendance, it was so announced, and the following proceedings occurred: The Invocation was given by Director Wellons. Presented first from the Official Agenda was the Consent Items, described as follows: (a) The Minutes.of the previous meeting held on December 20, 1977. (b) Setting a.date for a Cable T.V. Work Session. (c) Resolution No. 5,873, entitled: A RESOLUTION OF COMMENDATION AND.HONORING RABBI IRA A. SANDERS FOR HIS LIFE OF PUBLIC SERVICE; AND_.FOR OTHER PURPOSES. (d) Resolution No. 5,874, with the title being: A RESOLUTION RENEWING CONTRACTS WITH GULF OIL COMPANY AND AMERICAN OIL COMPANY FOR GASOLINE PURCHASES DURING THE YEAR 1978; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (e) Resolution No. 5,875, entitled: A RESOLUTION AWARDING A CONTRACT FOR STORM DRAINAGE_CONSTRUCTION; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES By motion of Director Dailey, seconded by Director Linkous, with all Board Members voting Aye, the following action was taken on the foregoing Consent Items:. (a) The Minutes were approved as written and summarized; (b) January 6, 1978 at 8:00 A. M. was set for a Cable T. V. Work Session; (c) Resolution No.'5,873 was read in full and adopted; (d) Resolution No. 5,874 was read in full and adopted; and (e) Resolution No. 5,875 was read in full and adopted. The next matter to be considered was Zoning Petition No. Z -3173 submitted by Attorney Charles N. Matthews for the owner, Mr. Roy Walters, to rezone 2400 through 2700 Blocks of Barrow Road on the west side of the street, described as all of the southwest quarter of the southwest quarter of Section 11, Township 1 North, Range 13 West in Pulaski County, from "A" One- family District to "MF -12" Multi- family District except the west 110 feet which shall remain "A" One- family District, as approved by the Planni Commission (8 Ayes, 3 Noes). Mayor Mehlburger explained the zoning policy proposed by Director Keith, which was to either pass the zoning ordinances, vote against them, or return them to the Planning Commission. Mr. Charles Matthews, attorney for the petitioner, advised the Board of Directors that thi has been the most thoughtfully approached plan with more expertise than any he has been involved in. He further stated that Mr. Don R. Venhaus, Consultant, was employed, who was present to address the Board. Mr. Venhaus stated that the Staff and applicant both agree that it fits the growth policy of Little Rock, and in his opinion, it is a very deserving application. At this point Director Castleman stated that he feels Planning should be made more professional, "I'm opposed to making changes at the last minute." On question by Director Jones, Mr. Nathaniel Griffin, Director of Comprehensive Planning stated that in his opinion the west side is the most appropriate location for the "A" One - family strip. There being no further discussion, the proposed Ordinance was placed on first reading (See Ordinance No. 13,393 below). Ordinance No. 13,393 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTIES LYING WITHIN THE 2400 THROUGH 2700 BLOCK OF BARROW ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF L ROCK, ARKANSAS; AND FOR OTHER PURPOSES; M =JANUARY 1978, Cont'd. i and after the first reading, there was a motion by Director Keith, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on its second reading. The motion.was submitted to the following roll call vote by the Board Members present, being seven in number and two - thirds or more of i the members of the Board of Directors - elect: Ayes - Directors Keith, Dailey, Linkous, Wellons and Jones - total 5; Noes - Director Castleman - total 1; Abstaining - Mayor Mehlburger - total 1; Absent - None. The Ordinance was then read the second time and-a subsequent motion was made by Director Linkous and seconded by Director Keith, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was again submitted to a roll call vote of the Board of Directors present, being seven in number and two - thirds or more of the members'of the Board of Directors - elect, with the following results: Ayes - Directors Keith, Dailey, Linkous, Wellons and Jones - total 5; Noes - Director Castleman - total 1; Abstaining - Mayor Mehlburger - total 1; Absent - None. The Ordinance was then read the third and last time and the resulting Aye and No Vote -taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Linkous, Wellons and Jones - total 5; Noes - Director Castleman - total l; - Abstaining - Mayor Mehlburger - total l; Absent - None. It was announced that the Ordinance had PASSED. The next matter to be considered was Ordinance No. 13,394, entitled: AN ORDINANCE APPROPRIATING $77,000.00 FROM THE 1977 CAPITOL IMPROVEME NT FUND FOR THE RENOVATION OF FIRE STATION NO. 10; AND FOR OTHER PURPOSES; (Station 1110 located at Kavanaugh Boulevard and Harrison Street) with said Ordinance being read the first time, followed by a motion from Director Keith, seconded by Director Linkous, to suspend the rules and place the Ordinance on its second reading. The motion was unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the second time. There was a further suspension of the rules at this time, which placed the Ordinance on its third and final reading by a motion from Director Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two -- thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote on the passage of the Ordinance, which received the following response: Ayes-- Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - `total 7; Noes - None; Absent - None. It was then ' announced that the Ordinance had PASSED. Introduced at this time was Resolution No. 5,876, entitled: A RESOLUTION ACKNOWLEDGING RECEIPT OF CERTAIN RESTRICTIVE COVENANTS AND DEEDS ARISING OUT OF ROCK CREEK PROPERTY OWNER'S COMMITTEE COMMITMENT; AND FOR OTHER PURPOSES; which Resolution was read in full. Upon motion by Director Linkous, seconded by Director Dailey, a roll call was taken whereby the Resolution was adopted by the following vote: Ayes - Directors Keith,- Dailey, Mayor Mehlburger, Directors Linkous,, Wellons, Castleman and Jones - total 7; Noes - None; i Absent - None. The next item presented was Ordinance No. 13,395, entitled: - AN ORDINANCE AUTHORIZING THE CONSTRUCTION, USE, OCCUPATION AND MAINTENANCE OF OVERHEAD STRUCTURES OVER 9TH STREET BETWEEN BATTERY & WOLFE, OVER 9TH STREET BETWEEN WOLFE AND MARSHALL AND OVER BATTERY STREET BETWEEN 8TH AND 9TH; AND-FOR OTHER PURPOSES; with said Ordinance being read the first time. Director Keith questioned the blocking of 9th Street at peak traffic hours during construction period. City Manager Carleton McMullin and City Attorney ' Joseph Kemp stated that the City already has an Ordinance covering this and it could be handled administratively. A motion was then made by Director.Wellons, seconded by Director Linkous, to suspend the rules and place the Ordinance on second reading. The motion was adopted by a vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect, and the second reading of the Ordinance ensued. A subsequent motion was then made by Director I Fe JANUARY 3, 1978, Cont'd. Keith, seconded by Director Dailey, that the rules be suspended and the Ordinance placed on the third and final reading, with the motion being unanimously adopted by the Board Members, present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read ' the third and last time; after which there was an Aye and No Vote taken on the passage of the Ordinance, resulting as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next presentation was Resolution No. 5,877, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUB- AGREEMENTS,FOR PROJECTS UNDER CENTRAL ARKANSAS CETA YOUTH COMMUNITY CONSERVATION AND IMPROVEMENT PROJECT AND THE YOUTH EMPLOYMENT AND TRAINING PROJECT; AND FOR OTHER PURPOSES; and said Resolution was read in full. A motion was made by Director Jones, seconded by Director Wellons for adoption of the Resolution and subsequently submitted to a roll call vote whereby the Resolution was adopted "as follows: Ayes Directors Keith,'-Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The next matter to be considered was Resolution No. 5,878, described as: A RESOLUTION AUTHORIZING A CONTRACT WITH PINNELL, ANDERSON, WILSHIRE AND ASSOCIATES, INC. FOR , ENGINEERING SERVICES FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with said Resolution being read in full. There was a motion by Director Dailey, seconded by Director Wellons, that the Resolution be adopted. A roll call was taken whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Resolution No. 5,879 was presented, entitled: A RESOLUTION PERTAINING TO HISTORICAL DESIGNATION OF PROPERTY IN THE DOWNTOWN BUSINESS DISTRICT; AND FOR OTHER PURPOSES; which Resolution was read in its entirety. Mayor Mehlburger stated that he had met with Miss Anne Bartley, Director of Natural and Cultural Heritage Department, about the District plans. Miss Bartley had agreed to withdraw the nomination by her department to the National Record Office in Washington, that the Main Street Historic District be created, if the Board agreed to encourage property owners to seek inclusion in the historic district. The Mayor also stated that he would like to have a committee ' representing Little Rock Unlimited Progress, Chamber of Commerce, The City Planning Staff, Quapaw Quarter, and the Historic District, to work together toward a goal'. °o# Fsaving and preservation of these buildings. Director Wellons stated that he believed the selection of buildings as a historical site should have the approval of the owner. Director Keith also, stated that he felt the property owners should have the right to have property included or not included in the Historic District. A motion was made by Director Jones, seconded by Director Wellons, to adopt the Resolution, which included "at the option of the owner." A roll call was taken whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The next item of business was Resolution No. 5,880, entitled: A RESOLUTION DIRECTING THE STAFF OF THE CITY TO PREPARE A LAND USE PLAN FOR THE AREA OUTSIDE THE EXISTING CORPORATE LIMITS AND WITHIN THE BOUNDARIES OF THE RECENTLY PROPOSED 55 MILE.ANNEXATION AREA TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; I ' which Resolution was read in full. Director Castleman stated that he felt anxiety about this matter and would like to see something done as quickly as possible, and if necessary, hire a.consultant to prepare a land use plan. Director Dailey stated that he was in favor of what Director Castleman said and he would like for the consultant to be a local firm. The Board asked the Planning Staff to determine how it would take them to do the report, and how long if private planning consultants were hired to y JANUARY 3 1978 Cont'd. AND PROMOTION COMMISSION; which was read in full, and a motion was made by Director Wellons, seconded by Director Castleman to adopt the Resolution. The resulting roll call then provided for the adoption of the Resolution as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castle- man and Jones - total 7; Noes - None; Absent - None. The last matter for consideration was Resolution No. 5,882, entitled: A RESOLUTION IN SUPPORT OF THE PROPOSITION BEING CONSIDERED BY THE PULASKI COUNTY QUORUM COURT TO ADOPT GOALS FOR PLANNING AND LAND USE CONTROL APPLICABLE TO THE UNINCORPORATED AREAS THROUGHOUT PULASKI COUNTY; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was a motion by Director Jones, seconded by Director Dailey, for the adoption of the Resolution. The roll call was taken whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous; Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Director Dailey stated that he had met with North Little Rock Mayor Eddie Powell, who expressed an interest in Little Rock's Zoning Regulations and requested that the two cities communicate on zoning requirements and possibly work out regulations that would apply to both cities. Mr. Nathaniel Griffin, Director of Comprehensive Planning, said that perhaps the two cities could ;work togetfier in establishing i. some of the National Standards, but it would be very difficult to set up identical zoning patterns for different municipalities. City Manager McMullin said that probably regulations for subdivisions, side- walks, curbs and gutters could be worked out for both cities, but that zoning would be a monumental task Mayor Mehlburger mentioned the many telephone calls he and other Board Members were receiving on the increased license fees contained in the recently passed Ordinance regulating Privilege Licenses in ' the City of Little Rock. He also, asked the Board Members to give some thought to the system being used for appointments to Boards and Commissions, and determine whether this system should be continued. As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Castleman, seconded by Director Linkous, and by unanimous vote of the Board Members I present, the meeting was adjourned at 8:40 o'clock P. M. to meet again in regular session on Tuesday, January 17, 1978 at 7:30 o'clock P. M. ATTEST: APPROVED: City Clerk Mayor Study. A motion was made by Director Castleman, seconded by Director Keith, for the adoptioi work on the of the Resolution. A roll_• all was taken whereby the Resolution was adopted as follows: Ayes - Director Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7;i;Noes - None; Absent - None. It was generally agreed by the-Boar d Members to place on a future Agenda, the matter of whether or not to employ a consultant. Introduced at this time was Resolution No. 5,881, containing the following title: A RESOLUTION ACCEPTING THE RESIGNATION OF WESLEY T. HALL AS A MEMBER OF THE LITTLE ROCK ADVERTISING AND PROMOTION COMMISSION; which was read in full, and a motion was made by Director Wellons, seconded by Director Castleman to adopt the Resolution. The resulting roll call then provided for the adoption of the Resolution as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castle- man and Jones - total 7; Noes - None; Absent - None. The last matter for consideration was Resolution No. 5,882, entitled: A RESOLUTION IN SUPPORT OF THE PROPOSITION BEING CONSIDERED BY THE PULASKI COUNTY QUORUM COURT TO ADOPT GOALS FOR PLANNING AND LAND USE CONTROL APPLICABLE TO THE UNINCORPORATED AREAS THROUGHOUT PULASKI COUNTY; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was a motion by Director Jones, seconded by Director Dailey, for the adoption of the Resolution. The roll call was taken whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous; Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Director Dailey stated that he had met with North Little Rock Mayor Eddie Powell, who expressed an interest in Little Rock's Zoning Regulations and requested that the two cities communicate on zoning requirements and possibly work out regulations that would apply to both cities. Mr. Nathaniel Griffin, Director of Comprehensive Planning, said that perhaps the two cities could ;work togetfier in establishing i. some of the National Standards, but it would be very difficult to set up identical zoning patterns for different municipalities. City Manager McMullin said that probably regulations for subdivisions, side- walks, curbs and gutters could be worked out for both cities, but that zoning would be a monumental task Mayor Mehlburger mentioned the many telephone calls he and other Board Members were receiving on the increased license fees contained in the recently passed Ordinance regulating Privilege Licenses in ' the City of Little Rock. He also, asked the Board Members to give some thought to the system being used for appointments to Boards and Commissions, and determine whether this system should be continued. As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Castleman, seconded by Director Linkous, and by unanimous vote of the Board Members I present, the meeting was adjourned at 8:40 o'clock P. M. to meet again in regular session on Tuesday, January 17, 1978 at 7:30 o'clock P. M. ATTEST: APPROVED: City Clerk Mayor Board of Directors Chamber Little Rock, Arkansas January 17, 1978 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. There being a quorum.in attendance, it was so announced, and the following proceedings occurred: The Invocation was given by Director Keith. Presented first from the Official-Agenda were the Consent Items, described as follows: (a) The Minutes of the previous meeting held January 3, 1978. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of November, 1977. (c) Resolution No. 5,883, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE ANNUAL PURCHASE OF CEMENT, CONCRETE, SAND, LIME AND STONE; ANNUAL CONTRACT FOR COMMERCIAL TRASH COLLECTION FROM CITY FACILITIES; ANNUAL CONTRACT FOR STANDARD AND COMPACT AUTOMOBILES AND TRUCKS; ANNUAL CONTRACTS FOR THE PURCHASE OF PARTS AND MAINTENANCE SERVICE; ANNUAL SERVICE CONTRACT FOR REPAIR OF AIR CONDITIONING AND HEATING EQUIPMENT; ANNUAL CONTRACT FOR REPAIR AND MAINTENANCE OF TYPEWRITERS, ADDING MACHINES AND CALCULATORS; STREET AND STORM - DRAINAGE IMPROVEMENTS IN THE OAK FOREST AREA; AND TRAFFIC SIGNAL CONTROL EQUIPMENT; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (d) Resolution No. 5,884, entitled: A RESOLUTION SUPPORTING AND DIRECTING THE PREPARATION OF A MASTER BIKEWAY PLAN AND REQUESTING THE ARKANSAS HIGHWAY DEPARTMENT TO CONTINUE THE DEVELOPMENT OF.THE I -630 BIKEWAY FOR OTHER PURPOSES. (e) Resolution No. 5,885, with the title being: A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND FOR OTHER PURPOSES. By a motion made by Director Wellons, seconded by Director Dailey, and unanimously adopted by the Board Members present, the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors; (b) The Comparative Statement was received and filed; and (c) Resolution No. 5,883 was read in full and adopted; (d) Resolution No. 5,884 was read in full and adopted; and (e) Resolution No. 5,885 was read in full and adopted. The following Zoning Petitions were presented next: Z- 1927 -B - Submitted by Attorney Ben McMinn for the owner, Mr. Al Owens, to rezone the west side of Portsmouth Drive, one -half block south of Mansfield Drive, from "A" One - family District to "MF -12" Multi- family District, as approved by the Planning Commission (6 ayes, 1 no, 4 absent). Z -3188 - From the Planning Commission to rezone 7300 West 40th Street at Blunt Street to "E -1" Quiet Business and "F" Commercial Districts, according to the Zoning Plan by Planning Commission Action (7 ayes, 0 noes, 4 absent). As there was no one present to speak in opposition to the rezoning, an Ordinance to reclassify properties was placed on first reading. (See Ordinance No. 13,396, as follows) Ordinance No. 13,396 was presented, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Wellons, seconded by Director Dailey, and unanimousl 1 [I i 523 JANUARY 17, 1978, Cont'd. adopted by the Board Members'present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Director Dailey, seconded by Director•Keith, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No vote taken on the passage of the Ordi- nance is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and-Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. A Public Hearing had been scheduled for this time and place for the purpose of hearing arguments pertaining to the closing of the alley in Block 37, Original City Addition to the City of Little Rock, which had been approved by the Planning Commission (11 ayes, 0 noes). Mayor Mehlburger announced that the Public Hearing was open. There was no one present to speak in opposition to the closing; therefore, Mayor Mehlburger declared the Public Hearing closed, and an Ordinance to close the alley was placed on first reading. (See Ordinance No. 13,397, as follows) ' Ordinance No. 13,397 was presented, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING-AND CLOSING THE ALLEY IN BLOCK 37, ORIGINAL CITY ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Alley between 2nd and 3rd Streets and between Cumberland and Rock Streets) and the Ordinance was read the first time. The Rules were then suspended and the Ordinance placed on its second reading by a motion made and seconded by Directors,,Wellons and Castleman, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds "or more of the members of the Board of Directors - elect. A second reading of the Ordinance ensued; after which there was a motion by Director Dailey, seconded by Director Keith, that the rules again be suspended to allow for the third and final reading of the Ordinance. The motion was adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and No vote was taken on the passage of the Ordinance afi &.recorded'as'.follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance ' was declared PASSED. 31' :I The next presentation was a Petition from Robert A. Scott, II, and Nolan L. Rushing, Jr., to vacate a portion of Stonewall Road (formerly "S" Street) half block length west off North Spruce Street, which had been approved by the Planning Commission (7 ayes, 0 noes, 4 absent). Documents included with the Petition were a letter from Beach Abstract 5 Guaranty Company certifying to the last apparent owners of record of the property abutting the proposed closure, and a Plat from the Pulaski County Circuit Clerk's Office of Country Club Heights Addition. (See Resolution No. 5,886 as follows which sets the date of Public Hearing for Tuesday, February 7, 1978 at 7:30 o'clock P. M.) Then presented was Resolution No. 5,886, entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF "S" STREET BETWEEN BLOCK 6 AND 1, COUNTRY CLUB HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (now Stonewall Road) i with said Resolution being read in full and adopted upon motion of Director Linkous, seconded by Director. ' Wellons, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Introduced at this time was Ordinance No., 13,398, entitled: AN ORDINANCE REPEALING ORDINANCE X113,373 -WHICH VACATED AND CLOSED A PORTION OF THE ALLEYS IN PROSPECT TERRACE ADDITION TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; JANUARY 17, 1978, Cont'd. (alley between Lots 88 and 89, Prospect Terrace on the South and Lots 78 and 77, Prospect Terrace, and Lot 175, Prospect Terrace No. 2 on the North) with said Ordinance being read the first time. Attorney Jim Rhodes was present and advised the Board ' of Directors that his client, Mr. Reynolds, owner of Lot 214 in Prospect Terrace, was not properly notified. The Ordinance provides that the certified list from an abstract company of all property owners to be notified "contain the names of all owners of properties abutting the alley to be closed in part or wholly, and of any alleys intersecting said alley within the block." Mr. Rhodes advised the Board that Mr. Reynolds is constructing a home on Lot 214 and a brick wall would have to be removed at a cost of some $4,000 in order for him to gain access to his property since Ordinance No. 13,373 was passe closing the alley. There being no further discussion, the rules were suspended and the Ordinance was placed on second reading by motion of Director Wellons, seconded by Director Keith, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the "members of the Board of Directors - elect. A second reading of the Ordinance ensued; after which there was a motion by Director Keith, seconded by Director Dailey, to again suspend the rules and place the Ordinance on third and final reading. The motion was adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was read the third and last time. The resulting Aye and No vote was taken on the passage of the Ordinance as follows: ' Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. The next presentation was Ordinance No. 13,399, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 13,342 ESTABLISHING THE CENTRAL BUSINESS IMPROVEMENT DISTRICT NO. 2 (UNION STATION) OF THE CITY OF LITTLE ROCK, ARKANSAS; (appointing substitute commissioners) with said Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading, by motion from Director Keith, seconded by Director Wellons, and unanimously adopted by the Board Members present, being seven,-in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; after which the rules were again suspended and the Ordinance was placed on third and final reading by a motion from Director Keith, seconded by Director Wellons, and unanimously adopted by the Board Members present, being seven in numb r and two- thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by and Aye and No Vote on the passage of the Ordinance which resulte as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The next matter to be considered was Ordinance No. 13,400, entitled: AN ORDINANCE FILLING A VACANCY ON THE BOARD OF IMPROVEMENT OF MABLEVALE- ALEXANDER SEWER IMPROVE- I4ENT DISTRICT NO. 142 OF LITTLE ROCK, ARKANSAS; (naming Mr. Vail Paschal, Jr. to fill the unexpired term of Mr. Charles L. Holmes) with said Ordinance being read the first time. The rules were then suspended and the Ordinance was placed on second reading, by motion from Director Keith, seconded by Director Wellons, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; the Ordinance was read the second time, after which the rules were again suspended and the Ordinance placed on third and final reading by motion from Director Keith, seconded by Director Dailey, and unanimously adopted by the Board Members present, being seven in number and two- , thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance and the resulting Aye and No Vote was taken on the passage of.the Ordinance is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - .total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. 52 JANUARY 17, 1978, CONT'D. Introduced at this time was Ordinance.No. 13,401, 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; (Lot 30, Triangle Properties Industrial District and approximately 169 acres on the south end of Aldersgate Road - both approved by Planning Commission; 7 ayes, 0 noes, 4 absent; pursuant to Court Orders dated November 21, 1977 and September 16, 1977, respectively) and the Ordinance was read the first time. There was a motion at this time by Director Keith, seconded by Director Jones, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, after which the rules were again suspended and the Ordinance placed on third and final reading by motion by Director Wellons, seconded by Director Keith, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. Resolution No. 5,887 was presented next, with the title being: A RESOLUTION AMENDING VARIOUS RESOLUTIONS AWARDING CONTRACTS AND AUTHORIZING EXPENDITURES FOR CONSTRUCTION PROJECTS UNDER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND FOR OTHER PURPOSES; and after the full reading of the Resolution, there was a motion by Director Dailey, seconded by Director Keith, that the Resolution be adopted. The Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. . The next matter to be considered was Resolution No. 5,888, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO 14AKE APPLICATION FOR LEAA FUNDS TO BE USED FOR EQUIPMENT FOR AN INTELLIGENCE GATHERING AND DISSEMINATING PROGRAM; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Keith, seconded by Director Wellons, that the Resolution be adopted. A roll call was taken and the Resolution was adopted by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castle- s man and Jones - total 7; Noes - None; Absent - None. Resolution No. 5,889 was next described as: presented, A RESOLUTION AMENDING SUBSECTION B SECTION L OF RESOLUTION 4,944 PERTAINING TO A TENNIS PROFESSIONAL AT THE WALKER TENNIS CENTER; AND FOR OTHER PURPOSES; and the Resolution was read in full. A motion was made by Director Keith, seconded by Director Dailey to adopt the Resolution, and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Introduced at this time was Resolution No. 5,890, with the title being: A RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY FOR DRAINAGE RIGHT OF WAY PURPOSES; DIRECTING THE CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENTS RELATING THERETO; AND FOR OTHER PURPOSES; (purchase property on Asher Avenue from Little Rock Sign Company to make improvements to Blakemore Ditch) with the Resolution being read in full and adopted upon motion by Director Wellons, seconded by Director Jones, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Resolution No. 5,891 was presented, entitled: - A RESOLUTION GRANTING A FRANCHISE AUTHORIZING CONSTRUCTION FOR PRIVATE VEHICULAR PARKING IN A PORTION OF THE PLATTED RIGHT -OF -WAY FOR "I" STREET BETWEEN BLOCKS 5 & 8, EAST PULASKI HEIGHTS ADDITION IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; � I JANUARY 17, 1978, Cont'd. and the Resolution was read in full. A motion was then made by Director Jones, seconded by Director Wellons, that the Resolution be adopted, which resulted in a roll call vote wherein the Resolution was adopted as follows: Ayes - Director Dailey, Mayor Mehlburget, Directors Linkous, Wellons, Castleman , and Jones - total 6; Noes - None; Abstaining - Director Keith - total 1; Absent - None. The only matter to be discussed under Routine Business was the extension of water service to Michael L. Farney on property located at the northwest corner of Rainwood Drive and Hinson Loop Road. Mr. Farney's plan calls for the building of a 1500 sq. ft. steel and partial brick office building to face onto Hinson Loop Road with visitor parking to the north of the building and storage facilities to the west of the building. Mr. Jim Rhodes, attorney for Mr. Farney stated that the facilities will be surrounded by neat appearing fence and buildings will be attractive. He further stated that a 47 ft. right -of -way would be dedicated, curbs and gutters installed, and green areas provided, but right now, the owner does not wish to annex the property to the City. Upon question by Mayor Mehlburger, Mr. Nathaniel Griffin, Director of Comprehensive Planning, advised that the appropriate use to the western side of Hinson Loop Road should be residential, some multi- family would be advisable. Mr. Griffin recommended non- conforming use of this property at this time. Director Jones stated that the people do not feel this an attractive usage and that the City should try to discourage that type of development in the area, further "we should not continue to make this mistake." Director Castleman was in agreement with Director Jones and Director Wellons agreed with Director Jones with considerable sense of agree- ment with the petitioner. He felt this matter "should be placed on the Agenda for the next meeting rather than try to solve it tonight." Mayor Mehlburger ended the discussion by commenting that "this points to our need for land use planning." Director Keith suggested that the Board discuss a policy on water service, sewer service, and fire protection for residential, new residential, commercial - industrial, and new commercial - industrial at the Agenda meeting February 1, 1978. Director Dailey suggested that the staff assist the Directors by giving them prepare written documentation before the February lst Agenda Meeting. There was no further discussion on Mr. Farney's request. At this point in the meeting, a Motion was made by Director Wellons, seconded by Director Castle- man to recess for an Executive Meeting to discuss appointments to various Boards and Commissions. The Motion was unanimously adopted and accordingly, the Board recessed at 8:30 o'clock P. M. to meet in the Board of Directors Conference Room. Board of Directors Chamber Little Rock, Arkansas January 17, 1978 - 8:55 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from 8:30 o'clock P. M., with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors c,, answering roll call: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent - Director Wellons - total 1. The first appointment to be considered was Resolution No. 5,892, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE LITTLE ROCK LIBRARY BOARD OF TRUSTEES AND TO THE CENTRAL ARKANSAS LIBRARY SYSTEM BOARD OF TRUSTEES; AND FOR OTHER PURPOSES; (City Manager, Booker Worthen, Ralph Patterson, Fred Darragh, Mrs. Joe Brown, William H. Thompson and Mrs. Raymond P. Miller) with the Resolution being read in full. There was a motion by Director Linkous, seconded by Director Keith, to adopt the Resolution. The Resolution was adopted by the following roll call vote: Ayes - , Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. :The last presentation was Resolution No. 5,893, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK ADVERTISING AND PROMOTION COMMISSION; 527 JANUARY 17 1978, Cont'd. AND FOR OTHER PURPOSES; (appointing Ernestine Meadows Towns to fill vacancy created by resignation'of Wesley T. Hall, which term expires May 4, 1979) and after a full reading of the Resolution, there was a motion by Director Keith, seconded by Director Jones, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Jones, and unanimously adopted by the Board Members present, the meeting was adjourned at 9:00 o'clock P. M. to meet again in regular session on Tuesday, February 7, 1978 at 7:30 o'clock P. M. ATTEST: APPROVED: City Clerk Mayor i i I i I i i 528 Board of Directors Chamber Little Rock, Arkansas February 7, 1978 - 7:30 P. M. I The Board of Directors of the City of Little Rock, Arkansas, held a Public Hearing on the Fourth Year Community Development Block Grant Program, prior to the official Board Meeting. Board of Directors Chamber Little Rock, Arkansas February 7, 1978 - 8:15 P. M. The Board of Directors of the City of Little Rock, Arkansas, met in regular session with Vice i Mayor Dailey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Linkous, Wellons, Castleman and Jones - total 5; Absent - Mayor Mehlburger - total 1. There being a quorum in attendance, it was so announced, and the following proceedings occurred: The Invocation was given by Director Jones. Presented first from the Official Agenda were the Consent Items, described as follows: (a) The Minutes of the previous meeting held January 17, 1978. (b) Resolution No. 5,894, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE PURCHASE OF TWO FIRE TRUCKS; SIX SANITATION TRUCK BODIES; ANIMAL FOOD FOR THE LITTLE ROCK Z00; ANNUAL CONTRACTS FOR SHIRTS AND LETTERING; ANNUAL CONTRACT FOR ASPHALTIC HOT MIX AND MATERIALS; ANNUAL CONTRACT FOR CONCRETE AND METAL PIPE; DEMOLITION OF CONDEMNED STRUCTURES AND /OR SITE CLEARANCE; STREET, UNDERGROUND STORM SEWER AND SIDEWALK IMPROVEMENTS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (c) Resolution No. 5,895, entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, AUTHORIZING AN EASEMENT FOR A RECTIFIER UNIT IN SOUTHWEST PARK ON OAKGROVE LANE, IN THE CITY OF LITTLE ROCK, ARKANSAS. (d) Resolution No. 5,896, entitled: A RESOLUTION OF COMMENDATION TO MR. ROY F. KUMPE. , By a motion by Director Wellons, seconded by Director Castleman, and unanimously adopted by the Board Members present, the Consent.Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors, (b) Resolution No. 5,894 was read in full and adopted, (c) Resolution No. 5,895 was read in full and adopted, and (d) Resolution No. 5,896 was read in full and adopted. A Public Hearing had been scheduled for this time and place to hear arguments on the Petition from Robert A. Scott, II, and Nolan L. Rushing, Jr., to vacate and close a portion of "S" Street (now Stonewall Road), a half block length west-toff North Spruce Street, which had been approved by the Planning Commission by a vote of 7 ayes, 0 noes, 4 absent. As Notice of Hearing had been duly published I on January 23, 1978 and January 30, 1978, as required by Law, Vice Mayor Dailey declared the Public Hear- ing to be open. There was no one present to speak in opposition to the street closure and Director Wellons made a motion that the public hearing be closed, seconded by Director Castleman and unanimously adopted by the Board Members present. Accordingly, Vice Mayor Dailey declared the Public Hearing closed, and an Ordinance to close the above named street was placed on first reading. (See Ordinance No. 13,402 , as follows). Ordinance No. 13,402 was presented, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING A PORTION OF "S" STREET BETWEEN BLOCK 6 & 1, COUNTRY CLUB HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, Vi FEBRUARY 7, 1978, Cont'd. ARKANSAS; and said Ordinance was read the first time. The rules were then suspended and the Ordinance placed on its second',reading, by a motion from Director Linkous, seconded by Director Keith, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; after which the rules were again suspended and the Ordinance was placed on its third and final reading, resulting from a motion by Director Linkous, seconded by Director Keith, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance followed by an Aye and No vote on the passage of the Ordinance which resulted'as herein recorded: Ayes :- _Director Keith, Vice Mayor Dailey, Directors.Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. Whereupon, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 13,403, 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; (Hillsborough Heights; approved by Planning Commission — Vote: 7 ayes, 0 noes, 4 absent; pursuant to Court Order dated December 19, 1977) and the Ordinance was read the first time. There was a motion at this time by Director Linkous, seconded by Director Jones, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously by the Board Members present, being six in number and two - thirds or more of I the members of the Board of Directors - elect. The Ordinance was read the second time, after which the f . rules were again suspended and the Ordinance placed on third and final reading by motion of Director Keith, seconded by Director Linkous, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. The Ordinance was then declared PASSED. The next matter to be considered was Ordinance No. 13,404, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR THE PURCHASE OF ANIMALS FOR THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, the rules were suspended and the Ordinance placed on second reading by motion by Director Linkous, seconded by Director Wellons, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect. The Ordinance was read the second time, after which the rules were again suspended and the Ordinance placed on third and final reading by motion of Director Linkous, seconded by Director Jones, and unanimously adopted by the Board Members present, being six in number, and two- thirds or more of the members of the Board of Directors - elect. The third and las reading of the Ordinance was followed by an Aye and No vote taken on the passage of the Ordinance''as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. The Ordinance was then declared PASSED. Ordinance No. 13,405 was presented, entitled: AN ORDINANCE AMENDING IN PART ORDINANCE112,856, AS AMENDED, PERTAINING TO EMPLOYMENT, SALARY, ' AUTHORITY, DUTIES AND RESPONSIBILITIES OF CARLETON E. MoMULLIN, AS CITY MANAGER; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion by Director Linkous, seconded by Director Wellons, to suspend the rules and place the Ordinance on the second reading. The motion was adopted by a unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. A subsequent motion II FYI, FEBRUARY 7, 1978, Cont'd. was then made by Director Linkous, seconded by Director Jones, that the rules be suspended and the Ordinance placed on the third and final reading, with the motion being unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- , elect. The Ordinance was read the third and last time; after which there was an Aye and No Vote taken on the passage of the Ordinance, resulting as-herein described: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. The Ordinance was declared PASSED. The next item to be considered was Resolution No. 5,897, entitled: A RESOLUTION PERTAINING TO CONTRIBUTIONS TO ICMA DEFERRED COMPENSATION FUND FOR THE BENEFIT OF THE ASSISTANT CITY MANAGER; AND FOR OTHER PURPOSES; which Resolution was read in full. Upon motion by Director Linkous, seconded by Director Keith, a roll call was taken whereby the Resolution was adopted by the following vote: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. Resolution No. 5,898 was presented next, with the title being: A RESOLUTION RENEWING FOR THE YEAR 1978 AMBULANCE SERVICE OPERATORS FRANCHISES FOR A -1 AMBULANCE SERVICE, INC. AND MEDIC VAC AMBULANCE, INC. WITHIN THE CITY OF LITTLE ROCK; AUTHORIZING THE ISSUANCE OF THE NECESSARY PERMITS; AND FOR OTHER PURPOSES; with the Resolution being read in full. Mr. David Lewis, Attorney for Medic -Vac Ambulance, Inc. was present and requested a change in the boundary that Medic -Vac presently serves. He asked that the,area served by his client be increased. Mr. Carleton McMullin, City Manager, advised that some problems . need to be worked out before boundaries are changed and suggested that no action on boundaries be taken for at least sixty days. There was a motion by Director Castleman, seconded by Director Jones, to adopt the Resolution. The Resolution was adopted by the following roll call vote: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. The next presentation was Ordinance No. 13,406, entitled: AN ORDINANCE AMENDING SECTIONS 5 -10 AND 5 -13 OF THE CODE OF ORDINANCES PERTAINING TO AMBULANCES; AND FOR OTHER PURPOSES; with the Ordinance being read the first time, followed by a motion from Director Linkous, seconded by Director Wellons, that the rules be suspended and the Ordinance placed on second reading. The motion was adopted unanimously by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, after which the rules were again suspended and the Ordinance placed on third and final reading by motion from Director Keith, seconded by Director Linkous, and unanimously adopted by the members of the Board of Directors present, being six in number and two - thirds or more of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which result ed as herein described: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castle- man and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. Therefore, the Ordinance was declared to have been PASSED. A proposed Ordinance entitled: AMENDING IN PART SECTION 13 -13 OF THE CODE OF ORDINANCES PERTAIN- ING TO AGREEMENTS FOR FIRE FIGHTING OUTSIDE THE CORPORATE LIMITS; AMENDING ALL OF SECTION 13 -14 OF THE CODE OF ORDINANCES PERTAINING TO MUTUAL FIRE FIGHTING AID TO COMMUNITIES; AND FOR OTHER PURPOSES; , had been placed on the official Agenda; however, upon motion by Director Keith, seconded by Director Wellons, the Ordinance was withdrawn to be placed on the next Agenda; therefore, NO ACTION was taken at this time. J X531 1978, Cont'd. up of citizens were in attendance to object to the increased privilege tax levied on daycare I erating in the City of Little Rock. Mr: Charles "Skip" Davidson, Attorney for the group, e Board that it is the opinion of the daycare-center operators that the annual tax of $100.00 FrAR 0 per each employee for centers with fewer than 50 chi ldren, and $200.00 plus $25.00 for each or larger centers, is too high, inasmuch as the tax was only $50.00 before increases were ed in December. Mr. Davidson filed a petition with the City Clerk requesting the Board of Directors to rescind the current ordinance relating to the privilege tax on daycare centers. At this time, Director Castleman stated that he would like to see the privilege tax repealed entirely, if a broad base tax could be passed. The Board Members then set a work session on the privilege tax subject for Tuesday, February 14, 1978 at 3:00 P. M. Mr. Tom Wrangler -.. appeared before the Board and suggested that sacrifices for services is of great need. Mayor Mehlburger explained the benefits of a broad basettax and there was no further. comment_ - As there was no further business to be presented or to come before the Board'of Direct6r-s, upon motion of Director Keith, seconded by Director Wellons, and unanimously adopted by the Board Members present, the meeting was adjourned at 8:55 o'clock P. M. to meet again in regular session on Tuesday, February 21, 1978 at 7:30 o'clock P. M. ATTEST: APPROVED: n n Wtl/1/ (Vice City Clerk Mayor' I I �I f Board of Directors Chamber Little Rock, Arkansas February 21, 1978 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas convened at 7:00 o'clock P. M. to recess into Executive Session for the discussion of appointments to Boards and Commissions, with Mayor Mehlburger presiding and the following Directors present: Directors Dailey, Linkous, Wellons, Castle- man and Jones - total 5; Absent - Director Keith -- total 1. Board of Directors Chamber Little Rock, Arkansas February 21, 1978 - 7:30 P. M. Mayor Mehlburger presiding and Robbie Hancock, Assistant City Clerk, and the following Directors present Directors Dailey, Linkous, Wellons, Castleman and Jones - total 5; Absent - Director Keith - total 1. It was announced byaehe Mayor that a quorum was present, and the proceedtings of the meeting are recorded as follows:` ^ The Invocation was given by Director Wellons. Presented first for consideration were.the Consent Items, described as follows: (a) The Minutes of the previous meeting held February 7, 1978. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of December, 1977. (c) Resolution No. 5,899, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR COMPUTER HARDWARE; TRACTORS AND MOWING EQUIPMENT; POLICE UNIFORMS AND POLICE REVOLVERS; AMENDING RESOLUTION 115,864 TO AWARD THE CONTRACT FOR THE ANNUAL PURCHASE OF DIESEL FUEL TO THE NEXT LOW BIDDER; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (d) Resolution No. 5,900, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE ANNEXATION PROCEEDINGS TO ANNEX TO THE CITY OF LITTLE ROCK CERTAIN LANDS SOLELY OWNED BY THE CITY OF LITTLE ROCK. (River Mountain Park - approximately 488.67 acres) By a motion from Director Dailey, seconded by Director Linkous, and unanimously adopted by the Board Members present, the Consent Items were dispensed with as follows: (a) The Minutes were appr as written and summarized to the Board of Directors, (b) The Comparative Statement was received and filed; (c) Resolution No. 5,899 was read in full and adopted; and (d) Resolution No. 5,900 was read in full and adopted. The next matter to be considered was a Petition from Arkansas Trailer Manufacturing Company to vacate and close a portion of 32nd Street (one -half block length running west off Wilson Street) betwe the east half of Block 2 and the east half of Block 10, Remmel Addition to the City of Little Rock, Arkansas, which had been approved by the Planning Commission (10 ayes, 0 noes, 1 absent). Documents included with the Petition were a letter from Standard Abstract & Title Company certifying to the last owners of record of the property abutting the proposed closure, and a Plat from the Pulaski County Circuit Clerks Office of Remmel Addition. (See Resolution No. 5,901 as follows which sets the date of II , The Board of Directors of the City of Little Rock, Arkansas reconvened in regular session with Mayor Mehlburger presiding and Robbie Hancock, Assistant City Clerk, and the following Directors present Directors Dailey, Linkous, Wellons, Castleman and Jones - total 5; Absent - Director Keith - total 1. It was announced byaehe Mayor that a quorum was present, and the proceedtings of the meeting are recorded as follows:` ^ The Invocation was given by Director Wellons. Presented first for consideration were.the Consent Items, described as follows: (a) The Minutes of the previous meeting held February 7, 1978. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of December, 1977. (c) Resolution No. 5,899, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR COMPUTER HARDWARE; TRACTORS AND MOWING EQUIPMENT; POLICE UNIFORMS AND POLICE REVOLVERS; AMENDING RESOLUTION 115,864 TO AWARD THE CONTRACT FOR THE ANNUAL PURCHASE OF DIESEL FUEL TO THE NEXT LOW BIDDER; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (d) Resolution No. 5,900, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE ANNEXATION PROCEEDINGS TO ANNEX TO THE CITY OF LITTLE ROCK CERTAIN LANDS SOLELY OWNED BY THE CITY OF LITTLE ROCK. (River Mountain Park - approximately 488.67 acres) By a motion from Director Dailey, seconded by Director Linkous, and unanimously adopted by the Board Members present, the Consent Items were dispensed with as follows: (a) The Minutes were appr as written and summarized to the Board of Directors, (b) The Comparative Statement was received and filed; (c) Resolution No. 5,899 was read in full and adopted; and (d) Resolution No. 5,900 was read in full and adopted. The next matter to be considered was a Petition from Arkansas Trailer Manufacturing Company to vacate and close a portion of 32nd Street (one -half block length running west off Wilson Street) betwe the east half of Block 2 and the east half of Block 10, Remmel Addition to the City of Little Rock, Arkansas, which had been approved by the Planning Commission (10 ayes, 0 noes, 1 absent). Documents included with the Petition were a letter from Standard Abstract & Title Company certifying to the last owners of record of the property abutting the proposed closure, and a Plat from the Pulaski County Circuit Clerks Office of Remmel Addition. (See Resolution No. 5,901 as follows which sets the date of FEBRUARY 21, 1978, Cont'd. Public Hearing for Tuesday, March 21, 1978 at 7:30 o'clock P. M.) Then presented was Resolution No. 5,901, entitled:, RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF 32ND STREET BETWEEN THE EAST HALF OF BLOCK 2 AND THE EAST HALF OF BLOCK 10, REMMEL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Resolution being read in full and adopted upon motion of Director Linkous, seconded by Director Dailey, and the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors. Linkous, Wellons, Castleman and Jones - total.6; Noes - None; Absent - Director Keith - total 1. Introduced at this time was Ordinance No. 13,407, described as: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORIES�TO THE CITY OF LITTLE ROCK, ARKANSAS; (2 acres on Hinson Loop Road, approved by the Planning Commission: 7 ayes, 0 noes, 4 absent; pursuant to Court Order dated November 15, 1977) and the Ordinance was read the first time. There was a motion at this time by Director Dailey, seconde by Director Linkous, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, after which the rules were again suspended and the Ordinance placed on third and final reading by motion of Director Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members..of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous and Wellons - total 4 Noes - Directors Castleman and Jones - total 2; Absent - Director Keith - total 1. The Emergency.Clause contained in Section 3 of Ordinance No. 13,407 was read and submitted to a roll call vote with the results recorded as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous and Wellons - total 4; Noes - Directors Castleman and Jones - total 2; Absent - Director Keith - total 1. The Ordinance, together with the Emergency Section was therefore declared PASSED. The next matter to be presented was.Resolution No. 5,902, with the title being: A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATION OF FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE YEAR 1978 -1979; AUTHORIZING THE FILING OF ' AN APPLICATION FOR SAID FUNDS; AND FOR OTHER PURPOSES; and the Resolution was read in full. Included in the proposed 1978 -79 Program were improvements to Woodrow Street, from 3rd Street to 5th Street. A group of citizens, from the Woodrow Street.Area was present to speak in opposition to the proposal. Mr. Purcell Smith was the first property owner to speak. He is opposed to funds being used to help the community as a whole rather than the particular area, and felt that this project would increase traffic which, in the future, could result in the removal of parking on Woodrow Street. He further stated that "to deny me parking in front of my house would be a terrible imposition because of the financial position that would occur should I have to construct off - street parking." Mrs. Eula Nichols who resides on Pearl Street, spoke in opposition to the Woodrow Street Improvements between 3rd and 5th Streets making this comment: "I do not feel that widening Woodrow Street would be an improvement to the neighborhood." Mr. David Elms, Chairman of WoodrowPSchool Community Development Block Grant Program, stated that this project will open up north/ south sides of Little Rock, and that when the Block Grant Committee first considered the project, it ' had to do with drainage in the area. Mayor Mehlburger advised that he was hesitant to make improvemen that a neighborhood does not want. City Manager Carleton E. McMullin told the Board of Directors that the Staff feels that we should move ahead with the project and this street should be included in the program. Director Jones commented that the project should be done with as, little disturbance. to the residents' yards as possible and Director Wellons felt that we should trust the people who have been FEBRUARY 21. 1978. Cont' working on this project for three years Mr. Matthew Crews of 122 Johnson Street advised that no one residing on Pearl or Woodrow Streets has ever attended the Community Development Block Grant meetings. Mr. Nathaniel Griffin, Director of the Comprehensive Planning Department told the Board of Directors that the Planning Staff strongly supports this project as proposed. With no further discussion, Directo Wellons made a motion that the Resolution be adopted. There was a substitute motion by Director Dailey that "we delete Woodrow Street and then if the Staff wants to bring it back that we further explore it." The substitute motion died for lack of a second. At this point, Director Linkous seconded the motion by Director Wellons which adopted the Resolution by the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. Presented next was Ordinance No. 13,408, entitled: AN ORDINANCE APPROPRIATING GENERAL FUNDS FOR PHASE II DEVELOPMENT OF INTERSTATE PARK; AND FOR OTHER PURPOSES; and after the first reading of the Ordinance, there was a motion by Director Wellons, seconded by Director Castleman, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was then made by Director Dailey, seconded by Director Wellons, to again suspend the rules and place the Ordinance on third and final reading, which motion was unanimously adopted by the Board Member present, being six in number and two - thirds or more of the members of the'iBoard of Directors - elect. The Ordinance was read the third and last time. The question of the passage of the Ordinance was at this time submitted to an Aye and No Vgte, which resulted as follows: Ayes - Director Dailey, Mayor Mehlburg Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was Ordinance No. 13;409, described as: AN ORDINANCE TO REENACT THE INTERLOCAL AGREEMENT MADE BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND THE COUNTY OF PULASKI, ARKANSAS FOR THE PURPOSE OF COMBINING COMMODITY NEEDS IN ORDER TO RECEIVE LOWER PRICES BY QUANTITY PRICE QUOTATIONS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Linkous, seconded by Director Wellons, and unanimously ' adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, after which there was a sub- sequent motion by Director Castleman, seconded by Director Wellons, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote on the pass'- age of the Ordinance with the response being: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. The Emergency Clause contained in Section 2 of Ordinance No. 13;409 was read and submitted to the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. It was then announced _k, that the Ordinance, together with the Emergency Section had been PASSED. Presented for consideration at this time was Resolution No. 5,903, entitled: I ' A RESOLUTION REPROGRAMMING CETA FUNDS FOR SALINE COUNTY; AND FOR OTHER PURPOSES; with said Resolution being read in its entirety. There was a motion by Director Jones, seconded by Director Castleman, for the adoption of the Resolution. The resulting roll call then provided for adoption of the Resolution as herein described: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. V/ 1535 FEBRUARY 21, 1978, Cont'd. The next presentation was Ordinance No. 13,410, entitled: AN ORDINANCE AMENDING IN PART SECTION 21 -13.1 OF THE CODE OF ORDINANCES PERTAINING TO PRIVILEGE LICENSES; APPROPRIATING FUNDS; AND FOR OTHER PURPOSES; with the said Ordinance being read the first time, followed by a motion from Director Linkous, seconded by Director Wellons, to suspend the rules and place the Ordinance on its second reading. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the second time. There was a further suspension of the rules at this time which placed the Ordinance on its third and final reading by motion of Director Jones, seconded by Director Wellons, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote on the passage of the Ordinance, which received the following response: Ayes.- Director Dailey, Mayor Mehlburger, Directors Linkous;_, Wellons, Castleman and Jones - total 6;,Noes - None; Absent - Director Keith - total 1. Therefore, the Ordinance was declared PASSED. The next matter considered was Ordinance No. 13,411, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 13,320 PASSED AND APPROVED ON THE SECOND DAY OF AUGUST, 1977, - AND AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE NOTES AND BONDS UNDER ACT N0. 9 OF THE FIRST EXTRA - ORDINARY SESSION OF THE SIXTY- SECOND GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED JANUARY 21, 1960, AS AMENDED,_FOR THE PURPOSE OF PROVIDING INTERIM AND PERMANENT] FINANCING OF THE COSTS OF SECURING AND DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE); AUTHORIZNG THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF THE INDUSTRIAL PROJECT AND THE FINANCING THEREOF; AND DECLARING AN EMERGENCY; (American Falcon Services, Inc.) and after the first reading, there was a motion by Director Linkous, seconded by Director Jones, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted unanimously by the Board Members present being six in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the Ordinance ensued. A subsequent motion was then made by Director Wellons, seconded by Director Jones, that the rules again be suspended to allow i for the third and final reading of the Ordinance at this time, which motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. The Emergency Clause contained in Section 2 of Ordinance No. 13,411 was read and submitted to the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. It was then announced that the Ordinance, together with the Emergency Section had been PASSED. Then presented was Ordinance No. 13,412, containing the following title: AN ORDINANCE AMENDING ORDINANCE NO. 13,321 PASSED AND APPROVED ON THE SECOND DAY OF AUGUST, 1977, AND AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR AND AMERICAN FALCON SERVICE, INC., AS LESSEE IN SUBSTANTIALLY THE FORM AND WITH THE CONTENTS SET FORTH AND MADE A PART OF THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and after the first reading of the Ordinance, there was a motion by Director Linkous, seconded by Director Jones, to suspend the rules and place the Ordinance on its second reading. The motion was unanimously adopted by the Board Members present, being six in number and two- thirds or more of the I FEBRUARY 21, 1978, Cont'd. members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were) again suspended and the Ordinance was placed on its third and final reading, by a motion from Director Wellons, seconded by Director Jones, which motion was adopted by a unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance subsequently resulted in the taking of an Aye and No Vote on the passage of the Ordinance, with the following response: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. It was then announced that the Ordinance with the Emergency Section had been PASSED. The next item to be considered was Ordinance No. 13,413, entitled: AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 12 -6 OF ARTICLE II OF THE CODE OF ORDINANCES PERTAINING TO LICENSING OF ELECTRICIANS, CONTRACTORS, ETC.; AND FOR OTHER PURPOSES; with the Ordinance being read the first time; after which there was a motion by Director Jones, seconded by Director Castleman, for a suspension of the rules to provide for a second reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and.the Ordinance was then read the second time. There was a subsequent suspension of the rules and the Ordinance was placed on it third and final reading by a motion from Director Linkous, seconded by Director Jones, which was un- animously adopted by the Board Members present, being six in number and two - thirds or more of the member of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote on,the passage of the Ordinance, which received the following response: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. The Ordinance was declared PASSED. Submitted for consideration at this time was Resolution No. 5,904, entitled: A RESOLUTION WAIVING THE RIGHT OF ACQUISITION TO PARK SITE 2 -AF OF THE MASTER PARKS PLAN;, AND FOR OTHER PURPOSES; (approximately 42.81 acres in Robinwood Valley Subdivision) , and after a full reading of the Resolution, there was a motion from Director Castleman, seconded by Director Wellons, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. Resolution No. 5,905 was presented, containing the following title: A RESOLUTION OPPOSING THE PROPOSED 1978 FEDERAL TRANSPORTATION ACT WHICH ELIMINATES THE URBAN HIGH DENSITY TRAFFIC CORRIDOR PROGRAM; AND FOR OTHER PURPOSES; (Includes East Belt Freeway in Little Rock) with there being a complete reading of the Resolution. A motion was then made by Director Castleman, seconded by Director Jones, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. Introduced at this time was a proposed Ordinance described as: AN ORDINANCE AMENDING SUBSECTION (d) OF SECTION 13 -13 AND CREATING A NEW SECTION 13 -13.1 OF THE ' CODE OF ORDINANCES PERTAINING TO FIRE PROTECTION OUTSIDE THE CITY LIMITS; AND FOR OTHER PURPOSES; which was read the first time. A motion was made by Director Linkous, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by a unanimous FEBRUARY 21, 1978, Cont'd. the Board Members present, being six in number and two - thirds or more of the Board of Directors - vote of elect; and the Ordinance was then read the second time. There was a further suspension of the rules at this time which placed the Ordinance on its third and final reading by motion from Director Dailey, �- seconded by Director Wellons, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of.Directors- elect. Mr. Butch Finney of the Little Rock Fire Department, was present and spoke in opposition to the proposed Ordinance, stating that he felt the fire department should be retained within the City Limits and that he did not like to see fire equipment used outside the City. Director Linkous spoke urging the passage of the Ordinance, stating "we are deviating from a policy that has worked well in the past." The third and last reading of the Ordinance was followed by an Aye and No Vote on the passage of the Ordinance, which received the following response: Ayes - Director Dailey, Linkous and Wellons - total 3; Noes - Mayor Mehlburger, Directors Castleman and Jones - total 3; Absent /,.- Director Keith - total 1. It was declared that the Ordinance had FAILED. The next matter to be considered was a proposed Resolution, entitled: A RESOLUTION APPROVING THE EXTENSION OF WATER SERVICE TO SIBLEY HOLE ROAD WATER IMPROVEMENT DISTRICT #331; AND FOR OTHER PURPOSES; and the Resolution was read in full. Mr. Willis Townsend, Attorney for the District, was present and stated that the District had filed a contract with the Water Works. A motion was made by Director Wellons, seconded by Director Linkous, for the adoption of the Resolution. A roll call was taken which resulted as follows: Ayes - Directors Dailey, Linkous, and Wellons - total 3; Noes.- Mayor Mehlburger, Directors Castleman and Jones - total 3; Absent - Director Keith - total 1. It was announced that the Resolution had FAILED. Submitted for consideration-at this time was a proposed Resolution, described as: A RESOLUTION APPROVING THE EXTENSION OF WATER SERVICE TO PERRY JO SUBDIVISION OUTSIDE THE CORPORATE LIMITS; AND FOR OTHER PURPOSES; which was read in its entirety. During the discussion that followed, the question was asked, "Since this is a single - family subdivision, would we approve a water service contract if they contract to abide by Little Rock Subdivision Ordinances ?" A motion was made by Director Castleman, seconded by Director Jones, that this subject be taken off the Agenda for further clarification, which was unanimously adopted.;, Therefore, this matter was delayed. The next presentation was Resolution No. 5,906, with the title being: A RESOLUTION APPROVING THE EXTENSION OF WATER SERVICE TO A TRACT OF LAND LOCATED OUTSIDE THE CORPORATE LIMITS AT THE NORTHWEST CORNER OF RAINWOOD DRIVE AND HINSON LOOP ROAD; AND FOR OTHER PURPOSES; and the Resolution was read in full. Mr. Jim Rhodes, Attorney for the owner Farney & Company, stated that the owner was requesting sewer service as well as water service, but this was not included in the Resolution. Mayor Mehlburger informed him that the Waste Water Utility had a policy of not extending sewer service to areas not annexed to the City. Mr. Rhodes said that the owner was considering annex- ation . Subsequently, a motion was made by Director Castleman that this matter be taken off the Agenda because if the property was annexed, it would be taken care of. The motion died for lack of a second. After further discussion, there was a motion from Director Castleman, seconded by Director Jones, to table the Resolution. A roll call vote was taken on the motion which resulted in the following: Ayes - Directors Castleman and Jones - total 2; Noes - Director Dailey, Mayor Mehlburger, Directors Linkous and Wellons - total 4; Absent - Director Keith - total 1. A roll call was then taken on a motion by .� Director Dailey, seconded by Director Wellons, for the adoption of the Resolution which resulted as follows: Ayes.- Director Dailey, Mayor Mehlburger, Directors Linkous and Wellons - total 4; Noes - Directors Castleman and Jones - total 2; Absent - Director Keith - total 1. FEBRUARY 21, 1978, Cont'd. Resolution No. 5,907 was then presented, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE TRANSIT POLICY BOARD; AND FOR OTHER PURPOSES; (Mr. J. J. Lacey, Jr. representing the Board of Directors) , and the Resolution was read in full. There was a motion from Director Linkous, seconded by Director Wellons, that the Resolution be adopted. A roll call was then taken whereby the Resolution was adopted by the following vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. The next item to be considered was Resolution No. 5,908, with the title being: A RESOLUTION MAKING AN APPOINTMENT TO THE BUILDING CODE BOARD OF APPEALS; AND FOR OTHER PURPOSES; (Robert Hooks replaced Troy Braswell, Jr., term expires May 12, 1981) and after a full reading of the Resolution, there was a motion by Director Linkous, seconded by Director Wellons, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - .Director Keith - total 1. Presented for consideration at this time was Resolution No. 5,909, described as: A RESOLUTION MAKING AN APPOINTMENT TO THE ELECTRICAL EXAMINING BOARD; AND FOR OTHER PURPOSES; (Mr. J. W. Lucas, term expires January 1, 1981) and the Resolution was read intfull': :There was a motion by Director Linkous, seconded by Director Well that the Resolution be adopted. A roll call was then takenN.which resulted in the adoption of theEReso- lution as follows: Ayes - Director Dailey, Mayor Mehlburger, Director Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. The last item to be considered was Resolution No. 5,910, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE OAKLAND- FRATERNAL CEMETERY BOARD; AND FOR OTHER PURPOSES; (Mr. Jerome H. Hamner to fill unexpired term of Mrs.` SS'._,Richard Sims, expiring 6 -1 -80) and after the full reading of the Resolution, there was a motion by Director Linkous, seconded by Director Wellons, that the Resolution be adopted. A.roll call was then taken which resulted in the adoption of the Resolution by the following vote: Ayes - Director Dailey, Mayor.Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Keith - total 1. There being no further business to be presented or to come before the Board of Directors at this time, upon motion by Director Linkous, seconded by Director Dailey, the meeting was recessed at 9:55 o'clock P. M. to meet in Executive Session at 8:30 o'clock A. M. on Wednesday, March 1, 1978, to discuss appointments. ATTEST: \ \,� APPROVED: y City Clerk Mayor Board of Directors Chamber Little Rock, Arkansas March 7, 1978 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from February 21, 1978 and Executive Session on.March 1, 1978, with Mayor Mehlburger presiding and Jane Czech, City Clerk and the following Directors present:. Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent - Director Wellons - total 1: It was announced that a quorum was present and there was no business to be presented-or to come before the Board of Directors. Upon motion of Director Linkous, seconded by Director Dailey, and by unanimous vote of the Board Members present, the meeting was adjourned at 7:35 o'clock P. M. to meet in regular session immediately. 1111111 Board of Directors Chamber Little Rock, Arkansas March 7, 1978 - 7:35 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent - Director Wellons - total 1. There being a quorum in attendance, it was so announced, and the following proceedings occurred: The Invocation was given by Director Jones. Presented first from the Official Agenda were the Consent Items, described as follows: (a) The Minutes of the Previous Meeting held on February 21, 1978. (b) The 1977 Annual Audit Report of Mt. Holly Cemetery Association. (c) The 1977 Audit Report of the City of Little Rock, Arkansas. (d) The Audit Report of the Central Arkansas CETA Program. II (e) Resolution 9 entitled; RESOLUTION DS AND AWARDING CONTRACTS FOR CONSTRUCTION OF A MAINTENANCE BUILDING AT THE NEW SANITARY LANDFILL; SIX SANITATION TRUCK CHASSIS; ANNUAL CUSTODIAL MAINTENANCE SERVICE; AND SIDEWALK IMPROVEMENTS IN THE CENTRAL LITTLE ROCK AND CENTRAL HIGH.SCHOOL AREAS; AMENDING RESOLUTION NO. 5,894; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (f) Resolution No. 5,912, with the title being: A RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE CONSULTANT SELECTION COMMITTEE TO EMPLOY ARCHITECTS FOR A VEHICLE MAINTENANCE FACILITY AND PHASE I UNIVERSITY PARK DEVELOPMENT; AND FOR OTHER PURPOSES. (Wittenberg, Delony & Davidson; and Canino & Jackson, respectively) (g) Resolution No. 5,913, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE STATE OF ARKANSAS FOR FUNDS FOR A HIGHWAY TRAFFIC SAFETY PROGRAM; AND FOR OTHER PURPOSES. Resolution No. 5,913 was read and adopted. By a roll call vote, with all Board Members present voting Aye, the following action was taken on the ' foregoing Consent Items: (a) The Minutes were approved as written and summarized; (b) The Mt. Holly Cemetery Association Audit was received and filed; (c) The 1977 Audit of the 'City of Little Rock was received and filed; (d) The Audit Report of the Central Arkansas CETA Program was received and filed; (e) Resolution No. 5,911 was read and adopted; (f) Resolution No. 5,912 was read and adopted; and (g) Resolution No. 5,913 was read and adopted. 540 MARCH 7, 1978, Cont'd. Presented at this time was Ordinance No. 13,414, containing the following title: AN ORDINANCE AMENDING ORDINANCE NO. 12,962, WHICH ORDINANCE RECLASSIFIED 914 GARLAND STREET, 901 AND 913 NORTH STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDI- NANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR, PURPOSES; ' (To correct property description) and upon first reading of the Ordinance, there was a motion by Director Linkous, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by I unanimous vote of the Board Members present, being six in number -and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended to allow for the third and final reading of the Ordinance at this time, by a motion again made and seconded by Directors Linkous and Dailey, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in the taking of an Aye and No Vote on the passage of the Ordinance, recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, i Directors Linkous, Castleman and Jones - total 6; Noes - None,; Absent - Director Wellons - total 1. Whereupon, the Ordinance was declared PASSED. Introduced at this time was Resolution No. 5,914, entitled: ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR LEAA FUNDS TO BE USED FOR SECOND YEAR FUNDING FOR SALARY FOR THE PROBATION COORDINATOR ASSIGNED TO THE CRIMINAL DIVISION OF THE LITTLE ROCK MUNICIPAL COURT; ($2,264.00 to be paid by City; $,295.00 by State; and $5,314.00 Federal Funds) with said Resolution being read in full. A motion by Director Castleman, seconded by Director Linkous, then resulted in a roll call vote which adopted the Resolution as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. The next item presented for consideration was Ordinance No. 13,415, described as: AN ORDINANCE AUTHORIZING THE ISSUANCE OF PORT FACILITIES REVENUE BONDS (FOREIGN TRADE ZONE PROJECT), SERIES 1978, FOR THE PURPOSE OF FINANCING THE ACQUIRING, CONSTRUCTING AND EQUIPPING OF PORT FACILITIES AT THE LITTLE ROCK PORT INDUSTRIAL PARK FOR A FOREIGN°TRADE ZONE; AUTHORIZING A TRUST INDENTURE SECUR -_ i ING THE BONDS; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; ' with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion made and 1seconded by Directors Dailey and Keith, respectively, which was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, and a subsequent motion by Director Keith to again suspend the rules to provide for the third and final reading of the Ordinance at this time. The motion was seconded by Director Linkous, unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the third and last reading of the Ordinance followed. The resulting Aye and No Vote taken on the passage of the Ordinance is described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - I total 1. The Emergency Clause contained in Section 6 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. Accordingly, it ' was announced that the Ordinance, together with the Emergency Section, had been PASSED. �' I 541 MARCH 7 1978, Cont'd. The next presentation was Ordinance No. 13,416, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR CAPITAL IMPROVEMENTS FOR CENTRAL ARKANSAS TRANSIT; AND FOR ' OTHER PURPOSES; - ($17,500.00) and there was a first reading of the Ordinance. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by.Director Linkous, seconded by Director Jones, and adopted as follows: Ayes •- Director Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 5; Noes - None; Absent - Director Wellons— total 1; Abstaining - Director Keith - total 1. There was a second reading of the Ordinance, followed by a motion from Director Linkous, seconded by Director Dailey for a further suspension of the rules and the placing of the Ordinance on its third and final reading. The motion was adopted by the following vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 5; Noes - None; Absent - Director Wellons - total 1; Abstaining Director Keith - total 1. There was a third and last reading of the Ordinance; after which, an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 5; Noes - Director Keith - total 1; Absent - Director Wellons - total 1. The Ordinance was therefore, declared PASSED. A proposed Ordinance was presented, with the title being: AN ORDINANCE AMENDING SUBSECTION (d) OF SECTION 13 -13 AND CREATING A NEW SECTION 13 -13.1 OF THE CODE OF ORDINANCES PERTAINING TO FIRE PROTECTION OUTSIDE THE CITY LIMITS; AND FOR OTHER - PURPOSES; and the proposed Ordinance was read the first time, followed by a discussion. Director Linkous opened the discussion by saying that he had no further remarks other than those covered in the Agenda Session. Representative W. E. Beaumont, Jr. addressed the Board, commenting that this matter is very complex and requested that action be delayed and that a committee be appointed to meet with interested people in the County and work out some fair and equitable system for fire protection. Mayor Mehlburger questioner the.wishes of the Board, and Director Dailey advised that he was in favor of granting a delay to show indications to Representative Beaumont that we are willing to listen to some other alternatives. Director Jones felt that the Board should vote on the Ordinance; adding "The Board's charge is to be fair and equitable to those people in the City, who are paying tax dollars for this service." Director Linkous stated that "this matter has wide ramifications and I see no harm in delaying it thirty to sixt, to ninety days." At this point, Director Linkous made a motion that the proposed Ordinance be tabled for a period of sixty days. The motion was seconded by Director Dailey, and submitted to the following roll call vote: Ayes - Directors Keith, Dailey and Linkous - total 3; Noes - Mayor.Mehlburger, Directors Castleman and Jones - total 3; Absent - Director Wellons - 'total 1. Therefore, the Motion FAILED to be adopted. With no further discussion, Director Jones made.a motion that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Castleman and the resulting Aye and No Vote taken on the suspension of rules received the following response: Ayes - Director Keith, Mayor Mehlburger, Directors Castleman and Jones - total 4; Noes - Directors Dailey and Linkous - total 2; Absent - Director Wellons - total 1. Therefore, the proposed Ordinance remained on the calendar for second reading. Ordinance No. 13,417 was presented next, entitled:. AN ORDINANCE AMENDING IN PART SECTION 13 -13 AND ALL OF SECTION 13 -14 OF.. THE CODE OF ORDINANCES PERTAINING TO FIRE FIGHTING OUTSIDE THE CORPORATE LIMITS; AND FOR OTHER PURPOSES; (Re: Ready to serve fee; Purpose and Intent;. and Mutual Fire Fighting Aid) ' and there was a first reading of the Ordinance. A motion then followed from Director Keith, seconded by Director Jones, for a suspension of the rules and the placing of the Ordinance on its second reading which motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; 542 , Cont'd. here was a motion by Director Jones, seconded by Director Keith, to again suspend the rules F r the third'and final reading of the Ordinance at this time. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the Members of the Board of Directors - elect, and-the Ordinance was then read the third and last time. The passage of the , Ordinance was then submitted to an Aye and No Vote which resulted as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Link6,us, Castleman and Jones - total 6; Noes - None; Absent - i Director Wellons - total 1. The Ordinance was, therefore, declared PASSED, Presented for consideration at this time was Ordinance No. 13,418, described as: AN ORDINANCE AMENDING ORDINANCE NO. 13,304, KNOWN AT THE LITTLE ROCK HOUSING CODE, PERTAINING TO THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF THE CITY OF LITTLE ROCK; and the Ordinance was read the first time.' The rules were then suspended and the Ordinance placed on its second reading by a motion made by Director Dailey, seconded by Director Keith, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of .the Board of Directors- elect. The Ordinance was read the second time; after which there was a subsequent motion, made I and seconded by Directors Keith and Jones, respectively, for a suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors ' i elect, and there was a third and last reading of the Ordinance. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons - total 1. Whereupon, the Ordinance was declared PASSED. There was presented a proposed Resolution, containing the following title: A RESOLUTION APPROVING THE EXTENSION OF WATER SERVICE TO PERRY JO SUBDIVISION OUTSIDE THE CORPORATE LIMITS; AND FOR OTHER PURPOSES; I (Located on Ivy Hill Road east of Arch Street Pike) and the Resolution was read in full. In a brief discussion, Mr. Mahlon Martin, Assistant City Manager, advised the Board of Directors that Mr. Perry Whitmore, Attorney for the Subdivision, said his clients had agreed to abide by the subdivision requirements, even though it is located outside the five mile limit. Director Keith stated that he felt it would not be prudent to offer any of our services outside the City Limits. Director Dailey suggested that the Board meet with some of the people at the Water Department and discuss this matter with them. A motion by Director Linkous for the adoption of the Resolution followed, which motion was seconded by Director Dailey. The motion was submitted to a roll call vote with the following results: Ayes - Directors Dailey and Linkous - total 2; Noes - Director Keith, Mayor Mehlburger, Directors Castleman and Jones - total 4; Absent - Director Wellons - total 1. i Therefore, the Resolution FAILED of adoption. The next matter to be presented was another proposed Resolution, entitled: A RESOLUTION APPROVING THE EXTENSION OF WATER SERVICE TO SIBLEY HOLE ROAD WATER IMPROVEMENT DISTRICT #331; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety. Mr. Willis Townsend, Attorney for the Improvement District requested favorable consideration for the Resolution and explained to the Board that the water lines would be adequa "teiw thr_ fit ' nch and twelve inch pipes being installed. Upon question by Director Jones, Mr. Townsend advised that some of the people in this District would be willing to voluntarily contract to abide by the Subdivision Rules. With no further discussion, a motion was made by Director Castleman, seconded by Director.Keith, that "action on the proposed Resolution be delayed until May 16, 1978." A , roll call was taken on the motion with the following results: Director Keith, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 5; Noes - Director Dailey - total 1; Absent - Director Wellons - total 1. J 543 MARCH 7 1978, Cont'd. The last proposed Resolution to be considered contained the following title: A RESOLUTION APPROVING THE EXTENSION OF WATER SERVICE TO 10,008 COLONEL GLENN ROAD; AND FOR OTHER i PURPOSES; ` ' and there was a complete reading of the Resolution. Director Keith made S--motion that "this matter be tabled until May 16, 1978." The motion was seconded by Director Jones. A roll call was taken on the motion which received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger; Director Linkous, Castleman and Jones - total 6; Noes - None; Absent - Director Wellons = total 1. At this point in the meeting, Director Linkous.made the following statement: "Our Board is dealing with broad policy issues, becoming alienated at every meeting that we attend. If we are going to continue to grow and prosper, we must recognize that we have to be of help, rather than a hindrance, and take a more moderate approach to issues." In the matter of a Civil Action Suit, No. LR -C -77 -137, now pending in Court, City Attorney Joseph C. Kemp advised the Board of Directors that answers to interrogatories could be prepared as late as June 1, 1978. - At 9:30 o'clock P. M., Director Castleman made a motion that the Board go into Executive Session in the Board's Conference°Room to discuss appointments to Boards and Commissions. This motion was seconded by Director Jones and unanimously adopted by the Board Members present. - Board of Directors Chamber Little Rock, Arkansas March 7, 1978 - 10:00 P. M. The Board of Directors -reconvened in the Board Chamber with the following Board Members answering roll call: Present - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Absent - Director Wellons - total 1. As there was no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Jones, seconded by Director Dailey, and by unanimous vote of the Board Members present, the Board of Directors recessed until Wednesday, March 15, 1978 at 8:30 o'clock A. M., to discuss appointments. ' ATTEST: APPROVED: City Clerk Mayor I 0 4 Board of Directors Chamber Little Rock, Arkansas March 15, 1978 - 8:30 A. M. I The Board of Directors of the City of Little Rock, Arkansas reconvened from the March 7th Meeting with Mayor Mehlburger presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Dailey, Linkous, Wellons and Jones - total 5; Absent - Director Castleman - total 1. A quorum was declared present and a motion was made by Director Linkous that the Board go into Executive Session in the Board's Conference Room for the purpose of discussing appointments to Boards and Commissions. The motion was seconded by Director Dailey and unanimously adopted by the Board Members present. Board of Directors Chamber Little Rock, Arkansas March 15, 1978 - 9:30 A. M. The Board of Directors of the City of Little Rock reconvened in the Board Chamber with Mayor Mehlburger presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. It was declared that a quorum was in attendance and the following Resolutionswere presented: The first Resolution was No. 5,915, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE'LITTLE ROCK SIGN BOARD OF REVIEW; AND FOR OTHER PURPOSES; (Appointing Mr. John Jarrad and Ms. Cindy Barrier, both three year terms, expiring March 31, 1981) and after a full reading of the Resolution, there was a motion from Director Linkous, seconded by Director Keith, that the Resolution be adopted. A roll call was taken which resulted in adoption of the Resolution by the following vote: .Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The other Resolution to be presented was No. 5,916, with the title being: A RESOLUTION MAKING AN APPOINTMENT TO THE BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES; (Appointing Mr. Samuel W. Anderson, 3 -year term expiring 2 -4 -81) , with the Resolution being read in its entirety. A motion was then made by Director Linkous, seconded by Director Keith, which resulted in the adoption of the Resolution by the following roll call vote: Ayes - Directors Keith,.Dailey,.Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. The last matter to be discussed was the term of Mr.-John-McKay,,-Jr. on-the Little Rock Planning Commission. Mr. McKay had previously submitted his resignation from the Planning Commission because of business commitments. Mayor Mehlburger advised the Board of Directors that Mr. McKay would now be able to complete his term. It was then generally agreed that Mr. McKay's resignation not be accepted and that he complete his term on the Little Rock Planning Commission. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of .Director Keith, seconded by Director Linkous, and by unanimous vote of the Board Members present, the meeting was adjourned at 9.:40 o'clock A. M., to meet again in regular session on Tuesday, March 21, 1978 at 7:30 o'clock P. M. ATTEST: \ if�jj� APPROVED: City Clerk Mayor is * k a4 ie �Y a4 * Yc ,k ie Board of Directors Chamber Little Rock, Arkansas ' March 21, 1978 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. It was announced that a quorum was in attendance, and the following is an accounting of the proceedings: The Invocation was given by Director Wellons. Presented first was the Consent Agenda, consisting of the following items: (a) The Minutes of the Previous Meeting held March 7, 1978 and the Reconvened Meeting held on March 15, 1978. (b) The Annual Audit Report of the Little Rock Municipal Airport for 1977. (c) The Comparative Statement of Income Account for the Little Rock Municipal Water Works ' for January, 1978. (d) The Annual Audit Report of the Little Rock Municipal Water Works for 1977. (e) The Annual Audit Report of the Little Rock Wastewater Utility for 1977. (f) Resolution No. 5,917, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR STREET AND STORM DRAINAGE IMPROVEMENTS IN THE JOHN BARROW AREA; TIRE RECAPPING; BUS TRANSPORTATION FOR SUMMER PLAYGROUND PROGRAM; STREET MAINTENANCE AND TRAFFIC SUPPLIES; AMENDING RESOLUTION 115;864 AND AWARDING CONTRACT FOR REROOFING CITY HALL AND GARAGE; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (g) Resolution No. 5,918, with the title being: A RESOLUTION CREATING TWO NEW POSITIONS WITHIN THE OFFICE OF COMPREHENSIVE PLANNING; AND FOR OTHER PURPOSES. By a Motion made by Director Linkous, seconded by Director Keith, and unanimously adopted by the Board Members present, the foregoing Consent Items were dispensed with as follows: (a) The Minutes were ' approved as written and summarized to the Board of Directors; (b,c,d & e) The.four•Reports were received and filed; (f) Resolution No. 5,917 was read in full and adopted; and (g) Resolution No'. 5,918 was read in full and adopted. The next presentation was Zoning Petition No. Z- 3115 -A, submitted by Fausett & Company to rezone approximately 9300 and 9400 Blocks of Lehigh Court, described as Lots 200 through 217, Campus Place Subdivision, Second Addition, from "A" One- family District to "C" Two- family District, as approved by the Planning Commission (Vote: 8 ayes, 0 noes, 3 absent). There was no one present to speak in oppos tion to the reclassification of the subject property; therefore, a proposed Ordinance was placed on first reading at this time. (See Ordinance'No. 13,419; as.follows) There was presented Ordinance No. 13,419, entitled: AN ORDINANCE RECLASSIFYING 9300 AND 9400 BLOCKS OF LEHIGH COURT IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; OR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion from Director Dailey that the rules be ' suspended and the Ordinance be placed on second reading. The Motion was seconded by Director Linkous and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance followed. A sub- sequent motion was then made by Director Jones, seconded by Director Dailey, for a suspension of the rules to provide, for the third and final reading of the Ordinance.at this time. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the 545 54 MARCH 21. 1978. Cont'd. members of the Board of Directors - elect, and the third and last reading of the Ordinance ensued. The question of the passage of the Ordinance was then submitted to an Aye and No Vote, which resulted as herein recorded: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, II ' Castleman and Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. Presented for consideration at this time was Ordinance No. 13,420, described as: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONERS OF CURB AND GUTTER IMPROVEMENT DISTRICT NO. 628 OF LITTLE ROCK, ARKANSAS; (Petition to fill vacancy filed with City Clerk - Thurman 0. Hagar appointed to vacancy) and there was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Linkous, seconded by Director Dailey, which was un- animously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, and a subsequent motion made and seconded by Directors Jones and Wellons, respectively, for a further suspension of the rules to allow for the third and final reading of the Ordinance at this time. The motion was unanimous . adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The ensuing Aye and , No Vote taken on the passage of the Ordinance received the following response: Ayes - Director Keith, Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - .total 7; Noes - None; Absent - None. Accordingly, the Ordinance was declared PASSED. Considered at this time was Ordinance No. 13,421, entitled: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONERS OF STREET PAVING IMPROVEMENT DISTRICT NO. 629 OF LITTLE ROCK, ARKANSAS; (Petition to fill vacancy filed with City Clerk - Thurman 0. Hagar appointed to vacancy) with the Ordinance then being read the first time. A motion followed from Director Linkous, seconded by Director Dailey, for a suspension of the rules to allow for the second reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, and the second reading of the, Ordinance ensued. A subsequent motion was made at this time by Director Jones, seconded by Director Wellons, to again suspend the rules and place the Ordinance on its third and final reading; with the , motion being unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time; after which, there was an Aye and No Vote taken on the passage of the Ordinance, resulting as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had been PASSED. Presented at this time was Ordinance No. 13,422, with the title being: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONERS OF SEWER IMPROVE- MENT DISTRICT NO. 140 OF LITTLE ROCK, ARKANSAS; (Petition to fill vacancy filed with City Clerk - Thurman 0. Hagar appointed to vacancy) with the Ordinance being read the first time. A motion followed from Director Linkous, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading; with the motion being unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. Following the second reading of the Ordinance, the rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Jones and Wellons, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the passage of the Ordinance, which received the following response: Ayes - Directors Keith and Dailey, Mayor Mehlburge o ' OTHER PURPOSES; ($11,500.00) and the Ordinance was read the first time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Wellons, seconded by Director Castleman, and unanimously adopted by the Board Members present, being seven in number and-two- thirds or more of the members of t Board of Directors - elect. There was a second-reading of the Ordinance, after which there was a 547 VV MARCH 21 1978, Cont'd. Wellons, Castleman and Jones - total 7; Noes -None; Absent - None. The Ordinance Directors Linkous, was declared PASSED. Introduced at this time was Ordinance No. 13,423, described as; TO APPOINT A COMMISSIONER TO FILL A'VACANCY ON BOARD OF COMMISSIONERS•OF WATER PIPE AN ORDINANCE LINE IMPROVEMENT DISTRICT NO. 132 OF LITTLE ROCK, ARKANSAS; filed with City Clerk - Thurman 0. Hagar appointed to vacancy) (Petition to fill vacancy the first time. A motion by Director Linkous, seconded by Director Dailey, and the Ordinance was read rules and the Ordinance on its second reading. The motion was adopted by unanimous to suspend the place Board Members present, being seven in number and two- thirds or more of the members of the vote of the Board of Directors - elect, and the second reading of the Ordinance ensued. A subsequent motion was made at this time by Director Jones, seconded by Director Wellons, to again suspend the rules and place the Ordinance on its third and final reading; with the motion being unanimously adopted by the Board Members) present, being seven in number and two- thirds.or more of the members of the Board of Directors - elect. The Ordinance was read the third and last time; after which, there was.an Aye and No Vote taken on the of the Ordinance, resulting as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburge passage Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent- None. Whereupon, the ' Ordinance was declared PASSED. A Public Hearing had been scheduled for this time and place to hear arguments on the Petition from Arkansas Trailer Manufacturing Company, Inc. by Guy Campbell, to vacate and close that part of 32nd Street (formerly Wilton Street) west from Lewis Street (formerly Wilson Street) to the drainage ditch east of Peyton Street, or, between Lot 1, Block 2 and Lot 6, Block 10 of Remmel Addition to the City of Little Rock, Arkansas. As Notice of the Hearing had been duly published on March 2, 1978 and March 9, 1978, as required by Law, the Public Hearing was declared to be open. However, there was no one present who wished to address to the issue; the Public Hearing was declared closed, and an Ordinance to close th, described portion of 32nd Street, was placed on first reading. (See Ordinance No. 13,424, as follows) Presented at this time was Ordinance No. 14,424, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING A PORTION OF 32ND STREET BETWEEN THE EAST HALF -OF BLOCK 2 AND THE.EAST HALF OF BLOCK 10, REMMEL ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; ' with there being a first reading of the Ordinance. There was.a motion at this time from Director Wellon seconded by Director Castleman, to suspend the rules and place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being seven in number and two -third or more of the members-of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by-a motion made and seconded by Directors Dailey and Keith,'respectively, and unanimously adopted.by the Board Members present, .being seven in number and two - thirds or more of the members of the Board. of.Dire.ctors- elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein,(described: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - .total 7; Noes - None; Absent - None.- The Ordinance was then declared PASSED. The next matter to be considered was Ordinance No. 13,425, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR RENOVATION�OF CERTAIN OFFICE SPACES IN CITY HALL; AND FOR ' OTHER PURPOSES; ($11,500.00) and the Ordinance was read the first time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Wellons, seconded by Director Castleman, and unanimously adopted by the Board Members present, being seven in number and-two- thirds or more of the members of t Board of Directors - elect. There was a second-reading of the Ordinance, after which there was a 547 VV MARCH 21, 1978 Cont'd. subsequent motion by Director Dailey, seconded by Director Keith, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of,the members of the.Board of Directors- ' elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote on the passage of the Ordinance with the response being: Ayes - Directors Dailey and Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Accordingly, the Ordinance was declared PASSED. 1 Presented next for consideration was a Proposed Ordinance, described as: oppose the proposal. He agreed that Western AN ORDINANCE AMENDING SUBSECTION (d) OF SECTION 13 -13 AND CREATING A NEW SECTION 13 -13.1 OF THE ' CODE OF ORDINANCES PERTAINING TO FIRE PROTECTION OUTSIDE THE CITY LIMITS; AND FOR OTHER PURPOSES; out that other sites were available as shown which Ordinance, having been read the first time on March 7, 1978, was then read the second time. The rules were then suspended to allow for the third and final.reading bf the Ordinance, by a motion made of residential areas and businesses and near by Director Jones, seconded by Director Keith, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance which resulted as herein described: Ayes - Directors Dailey and Linkous - total 2; Noes - Director Keith, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 5; _Absent - None. , It was then announced that the Ordinance had FAILED of passage. There was a discussion on the audit exception of the Opportunities Industrialization Center, a federally funded job- training program, in the amount of $6,564.00. The OIC received the money from the Central Arkansas Manpower Program, but it is unaccounted for because the OIC's accounting records were destroyed in a fire in February 1977. There was a motion from Director Wellons that "City Manager Carleton E. McMullin be authorized to work out a Time - Payment Plan with OIC to repay the outstanding funds." The motion was seconded by Director Castleman, and unanimously adopted by the Board Members present. The last matter to be considered was Resolution No. 5,919, entitled: A RESOLUTION PERTAINING TO THE PROPOSED SITE FOR A SEWAGE TREATMENT PLANT; AND FOR OTHER PURPOSES; and a complete reading of the Resolution followed. Mr. Richard H. Mays, Attorney for the "Community Association for Maumelle'Preservation," spoke in opposition to the proposed site on Beck Road, and introduced residents in the area who strongly oppose the proposal. He agreed that Western Little Rock ' needs additional sewer facilities and pointed out that other sites were available as shown on the map; adding that the proposed site is in the midst of residential areas and businesses and near a new park developed by the Army Engineers. In the discussion, a suggestion was made to hold the Resolution in abeyance until a later time, but several Directors expressed a desire to go ahead and act on the Reso- lution. Director Wellons then made a motion to amend the Resolution to include the following Section: "Based on the recommendations received by the Board of Directors, there is a great need for additional sewage treatment facilities in Western Little Rock, with concern for future growth of the City. The need for a Work Session with the Wastewater Utility Staff and Sewer Committee is hereby declared to exist in order to determine the location and other requirements, to provide these badly needed facilit- ies." (Work Session was set for March 29, 1978, tentative time: 8:30 A. M.) The motion was seconded by Director Castleman and unanimously adopted by the Board Members present. There was a subsequent motion by Director Castleman, seconded by Director Wellons, to adopt the Resolution, as amended, which was submitted to the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent.- None. The Resolution lll ' as amended, was therefore ADOPTED. V 1�54-9 MARCH 211 1978 1 Cont'd. I I There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Linkous, seconded by Director Dailey; and by unanimous vote —of- the Board Members present, the meeting was adjourned at 8:20 o'clock P. M., to meet again in regular session on Tuesday, April 4, 1978 at 7:30 o'clock P. M. I ATTEST: APPROVED: City Clerk Mayor I i I - - I Board of Directors Chamber Little Rock, Arkansas April 4,1978 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Linkous, Wellons, Castleman and Jones - total 5; Absent - Director Dailey - total 1. A quorum,was declared present and the proceedings of the meeting are herein recorded as follows: The Invocation was given by Director Wellons. The first presentation was the Consent Agenda, consisting of the following item: (a) The Minutes of the Previous Meeting held on March 21, 1978. By a motion from Director Linkous, seconded by Director Keith, with all members present voting Aye, the Minutes were approved as written and summarized to the members of the Board of Directors. Introduced at this time was Ordinance No. 13,426, entitled: AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF LOT 2, J.M.H. SUBDIVISION AND OTHER PROPERTY, WHICH IS CONTIGUOUS TO THE PRESENT CITY LIMITS, AND FOR OTHER PURPOSES; (Located on the East Side of Green Mountain Drive, one block South of Rodney Parham Road) and the Ordinance was read the first time. There was a motion at this time by Director Keith, seconded by Director Jones, to suspend the rules and place the Ordinance on second reading. The motion was adopted unanimously by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, after which the rules were again suspended and the Ordinance placed on third and final reading by motion of Director Linkous, seconded by Director Wellons, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. The Ordinance was then declare PASSED. next: The following application for rezoning, as approved by the Planning Commission, was presented Z -3194 - From John M. Henderson and Gerald L. Breeding by Attorney Edward L. Wright, Jr., to reclassify Lot 2, J.M.H. Subdivision from 'Outside City" to a Planned Commercial District. As there was no one present to oppose the reclassification of the property described above, the following proposed Ordinance was placed on first reading. (See Ordinance No. 13,427, below) There was presented Ordinance No. 13,427, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT APPLICATION PURSUANT TO SECTION 43 -48.42 OF ORDINANCE 13,340 TO VARIOUS PARCELS OF LAND LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS; with the Or being read the first time, followed by a motion from Director Keith to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Linkous and Wellons respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. C. Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Dailey - J i I APRIL 4, 1978, Cont'd. total 1. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was Ordinance No. 13,428, described as: AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENSES FOR 1978 FOR CENTRAL ARKANSAS TRANSIT; AND FOR OTHER PURPOSES; I ($14,595.00) with said Ordinance being read the first.time. There was a motion which followed from Director Wellons, seconded by Director Castleman, to suspend the rules to provide for the second reading of the Ordi- nance; with the motion being unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; after which there was a subsequent motion by Director Jones, seconded by Director Wellons, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, and the resulting vote is described as follows: Ayes - Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 5; Noes - Director Keith - total 1; Absent - Director Dailey - total 1. It was announced that the Ordinance had PASSED. Ordinance No. 13,429 was presented, and entitled: AN ORDINANCE APPROPRIATING FUNDS FOR THE 1977 DEFICIT OF CENTRAL ARKANSAS TRANSIT; AND FOR OTHER PURPOSES; ($11,285.00) and there was a first reading of the Ordinance. At this point, a discussion ensued regarding the annual appropriation of funds from Little Rock, North Little Rock and Pulaski County, pursuant to the ownership agreement entered into at the time the three entities purchased the bus company. Director Keith reminded that the City of North Little Rock has only agreed to pay $180,000 of the 25% ratio amounting to $212,000 for 1978. He further added, "if one entity drops a portion of its appropriation, then that portion has to be doubled, and it becomes a serious problem, and I think that the amount of service rendered to that entity should be proportionately reduced." Mayor Mehlburger advised that service can- not be reduced; however, service in North LittletRock does not have to be expanded. Director Keith then made a motion to amend the Ordinance to include that. "No Little Rock monies be used to provide service ' to the citizens of North Little Rock beyond their support of this partnership." Director Jones suggest- ed that Central: Arkansas Transit Policy Board be requested to deal with our request in the manner proposed by Director Keith, so that North Little Rock will not reap the benefits of our additional monies. Upon question by Director Jones, whether he would be willing to put the motion in the form of a Reso- lution, instead of an amendment to the Ordinance, Director Keith replied that he would like-it in- corporated into the Ordinance. The motion made by Director Keith, then FAILED for lack of a second. There was no further discussion and Director Wellons made a motion to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the Board Members present, being six,in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Jones and Wellons, respectively; and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect. Following the third and last reading of'the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 5; Noes - Director Keith - total 1; Absent - Director Dailey - totalj . Therefore, the Ordinance was declared PASSED. Upon request by Director Jones, the following proposed Resolution, was considered next and entitled: J APRIL 4, 1978, Cont'd. A RESOLUTION REQUESTING THE CENTRAL ARKANSAS TRANSIT POLICY BOARD TO ESTABLISH A POLICY REGARDING FAILURE ON THE PART OF ANY PARTY TO PAY ASSESSMENT OF FUNDS AS PROVIDED FOR IN'THE CENTRAL ARKANSAS TRANSIT PARTNERSHIP AGREEMENT; and the proposed Resolution was read in its entirety. A motion was then made by Director Jones and seconded by Director Wellons, for adoption of the Resolution; and the resulting roll call vote is recorded as follows: Ayes - Mayor Mehlburger and Director Jones - total 2; Noes - Directors Keith, Linkous, Wellons and Castleman - total 4; Absent - Director Dailey - total 1. The Resolution there- fore, FAILED to be adopted. Ordinance No. 13,430 was presented, containing the following title: AN ORDINANCE AWARDING CONTRACTS FOR RESURFACING CERTAIN TENNIS COURTS; PURCHASE OF COMPUTER HARD- WARE EQUIPMENT; PURCHASE OF OFFICE FURNITURE; AND FIRE INSURANCE ON BUILDING AND CONTENTS; WASHING CITY AUTOMOBILES; APPROPRIATING FUNDS; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; with the Ordinance being read the first time, followed by a motion from Director Castleman to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopted by unanimous.vote of the Board Members present, being six in number and two - thirds or more of Members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors :YJo nestisadd•Wellons, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the Members of the Board of Directors - elect. Following the th and last reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance with the following results; Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Cast man and Jones - total 6; Noes.- None; Absent - Director Dailey - total 1. "It was then announced that the Ordinance had PASSED. Resolution No. 5,920 was next presented, with the title being: A RESOLUTION ADOPTING AND ESTABLISHING A POLICY REGARDING QUALITY GROWTH IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Resolution was read in full. A motion by Director Castleman, seconded by Director Keith, resul in a roll call vote which adopted the Resolution as herein described: Ayes - Director Keith, Mayor Mehlburger, Directors Wellons, Castleman and Jones - total 5; Noes - Director Linkous - total 1; Absent - Director Dailey - total 1. Presented next for consideration was Resolution No. 5,921, with the following title: A RESOLUTION ACCEPTING AND ALLOCATING CETA FUNDS; AND FOR OTHER PURPOSES; with the Resolution read in its entirety. Director Jones commented that she would favor Staff recommE ations, but preferred that allocations be base on projects, rather than agencies. With no further discussion, the Resolution was adopted by a motion made by Director Keith, seconded by Director Jones, and by the following roll call vote: Ayes.- Director Keith, Mayor Mehlburger, Directors Linkous, Well Castleman and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. Introduced at this time was Resolution No. 5,922, described as: A RESOLUTION APPROVING AND AUTHORIZING A CONSORTIUM AGREEMENT BETWEEN THE COUNTIES OF FAULKNER, LONOKE AND SALINE AND PULASKI COUNTY AND THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a subsequent motion made by Director Keith, sec ed by Director Wellons, that adopted the Resolution by the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. V/ r APRIL 4, 1978, Cont'd. Presented last was Resolution No. 5,923, entitled: A RESOLUTION AUTHORIZING THE PURCHASE OF A SUBSTANDARD HOUSE TO BE REHABILITATED AND RESOLD TO A LOW OR MODERATE INCOME FAMILY ALL AS PURSUANT TO RESOLUTION NO. 5,870; AND FOR OTHER PURPOSES; with there being a full reading of the Resolution, which was thereafter adopted upon motion of Director Castleman, seconded by Director Keith, and the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes.- None; Absent - Director Dailey - total 1. With the Official Agenda having been completed, City Manager Car`leton'E.`McMullin advised the Board of Directors that a date should be set for a work session to study the proposed Ordinance for making buildings and facilities accessible to the physically handicapped. The work session was set for May 10th. Mayor Mehlburger introduced Mr. John.Allen of the United States Department of Labor, who was present at the Board Meeting. Mayor Mehlburger also, advised Board Members that a date should be set for evaluating the City Manager. He further stated that the evaluation should be made annually, on the date selected. After brief discussion, the evaluation date was set for May 24th, with the current session being held at 9:30 o'clock A. M. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Linkous; seconded by Director Keith, and by unanimous vote of the Board Members present, the meeting was adjourned at 8:35 o'clock P. M., to meet again in regular session on Tuesday, April 18, 1978 at 7:30 o'clock P. M. ATTEST: APPROVED: City Clerk Mayor J Board of Directors Chamber i Little Rock, Arkansas April 18, 1978 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons,an_d_ Jones - total 5; Absent - Director Castleman - total 1. A quorum was declared present and the proceedings of the meeting are herein recorded as follows: The Invocation was given by Director Wellons. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the Previous Meeting held on April 4, 1978. (b) The Annual Report of the Municipal Judges Retirement Fund for 1977. (c) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of February, 1978. (d) Resolution No. 5,924, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE PURCHASE OF HEAVY EQUIPMENT AND FIRE DEPARTMENT SUPPLIES AND EQUIPMENT; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (e) Resolution No. 5,925, with the title being: A RESOLUTION OF APPRECIATION AND COMMENDATION TO CLIFTON L. GILES. (f) Resolution No. 5,926, described as: A RESOLUTION SUPPORTING THE CONCEPT FOR EXPANSION OF LITTLE ROCK POLICE DEPARTMENT INFORMATION SYSTEM -TO SERVE THE METROPOLITAN AREA. By a motion from DirecGOriWellons; seconded by Director Jones, with all members present voting Aye, t the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the members of the Board of Directors; (b) The Annual Report of the Municipal Judges Retirement Fund for 1977 was received and filed; (c) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for February, 1978 was received and filed; and (d, e & f) Resolutions were read in full and adopted, 6 -01 The next presentation was a series of Zoning Petitions, approved by the Planning Commission: Z- 2501 -A - Petition from Larry M. Atkinson, Agent for Mrs. Bessie Sullivan to reclassify the 9000 Block West on Labette Drive (long legal description) from "A" One- family District to "ME -12" Multi- family District. Z -3202 - Petition from Hodges, Vines, Fox, Castin & Associates for Lincoln Property Company #60, to downzone Cottondale Lane east of Riverfront Drive (long legal description) from "K" Heavy Industrial District to "F" Commercial and "E -1" Quiet Business Districts. Z- 3117 -A - Petition from Betty Cole, Agent for Odie and Nitta Tollett, to reclassify the south side of 7400 Block of Asher Avenue, from "F" Commercial and "A" One- family Districts to "F" Commercial District, except the South 50 ft. to remain "A" One- family District. Z -3201 - Petition from Arkansas Modification Center, Inc. to reclassify 1114 Harrington Street,, described as Lots 1 through 6, Block 10, Fair Grounds Addition, from "B" Residence and "F" Commercial Districts to "I" Light Industrial District:. As there was no one present to oppose the reclassification of the above described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,431 as follows) There was presented Ordinance No. 13,431, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTY WITHIN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; d APRIL 18 1978, Cont'd. with the Ordinance being read the first time. The rules were then suspended to allow for the second reading by motion of Director Linkous, seconded by Director Jones, and by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the ' Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Jones, seconded by Director Wellons, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and twoethirds or more of the members of the Board of Directors - elect; whereupon the Ordinance was then read the third and last time. An Aye and No Vote was then taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman — total 1. The Ordinance was then declared PASSED. The next presentation was the following application for rezoning, approved by the Planning Commission: Z- 2904 -B - From Sidney M. Thom by R. E. Tabor of the Bailey Corporation to rezone 8100 Cantrell Road (see petition for lengthy legal description) from "A" One- family, "ME -6" Multi- family and "MF -12" Multi - family Districts to a Planned Residential District. (See Ordinance No. 13,433 below) Then presented was Ordinance No. 13,433, containing the.following title: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT APPLICATION PURSUANT TO SECTION 43 -48.42 OF ORDINANCE 13,340 TO VARIOUS PARCELS OF LAND LOCATED IN THE CITY OF LITTLE ROCK; (8100 CANTRELL ROAD); with said Ordinance being read the.first time. A discussion ensued at this point and Mr. Jack Simons of 5 Biscayne Circle, voiced opposition to the proposal and summarized the zoning history of the surroui ing area. He stated that his primary objection is the meager 50 -foot buffer included in the Plan, and requested the Board to leave the 100 -foot buffer approved when the property was last rezoned. He asked that the matter be resolved, one way or the other, at this time. Attorney Christoper Barrier represent- ing the.Bailey Corporation, told the Board of Directors that the condominium planned for this property would not have an adverse effect upon.the surrounding area, and he could see no further need for compromise. Upon question by Director Wellons of the ingress and egress off Cantrell Road, Mr. Barrier i I Commission: Z -3196 - From William V. Mathis by John P. McKay, Jr. to reclassify 6800 Baseline Road, described as Lot 2, Rustic Pines Addition to the,City of Little Rock, Arkansas, from "A" One- family District to "E -1" Quiet Business District. Since there was no one present to oppose the reclassification of the property described above, the following proposed Ordinance was placed on first reading. (See Ordinance No. 13,432, below) There was presented Ordinance No. 13,432, with the title being: AN ORDINANCE RECLASSIFYING 6800 BASELINE ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and said Ordinance was read the first time,,followed by a motion from Director Wellons to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and second ed by Directors Linkous and Dailey, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded; Ayes - Directors Keith, Dailey, Mayor Mehlburger, Director Linkous and Wellons.- total 5; Noes.- Director Jones - total 1; Absent - Director Castleman - total 1. Whereupon, the Ordinance was declared PASSED. Introduced at this time was the following zoning application, as approved by the Planning Commission: Z- 2904 -B - From Sidney M. Thom by R. E. Tabor of the Bailey Corporation to rezone 8100 Cantrell Road (see petition for lengthy legal description) from "A" One- family, "ME -6" Multi- family and "MF -12" Multi - family Districts to a Planned Residential District. (See Ordinance No. 13,433 below) Then presented was Ordinance No. 13,433, containing the.following title: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT APPLICATION PURSUANT TO SECTION 43 -48.42 OF ORDINANCE 13,340 TO VARIOUS PARCELS OF LAND LOCATED IN THE CITY OF LITTLE ROCK; (8100 CANTRELL ROAD); with said Ordinance being read the.first time. A discussion ensued at this point and Mr. Jack Simons of 5 Biscayne Circle, voiced opposition to the proposal and summarized the zoning history of the surroui ing area. He stated that his primary objection is the meager 50 -foot buffer included in the Plan, and requested the Board to leave the 100 -foot buffer approved when the property was last rezoned. He asked that the matter be resolved, one way or the other, at this time. Attorney Christoper Barrier represent- ing the.Bailey Corporation, told the Board of Directors that the condominium planned for this property would not have an adverse effect upon.the surrounding area, and he could see no further need for compromise. Upon question by Director Wellons of the ingress and egress off Cantrell Road, Mr. Barrier i I APRIL 18, 1978, Cont'd. displayed a sketch of Andover Drive; adding that traffic signals are to be installed at Cantrell and Foxcroft Roads which will ease traffic off Andover Drive. Upon question by Director Jones, Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that further curb cuts on Cantrell Road would be ' strongly opposed. Director Jones said she had trouble with the overall Plan because of the buffer, "MF -18" Multi - family and "F" Commercial Zoning, and the additional traffic flow on Cantrell Road. However, she added, "I'm excited about 'Planned .Unit Developments' and feel that the condominium development will stablize.the neighborhood more than apartments; therefore, I will be voting for the Ordinance." There was no further discussion and a motion followed from Director Wellons, seconded by Director Jones, to suspend the rules to provide for the second reading of the Ordinance; with the motion being unanimously adopted`by the Board Members present, being six in number and-two-thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; after which there was a subsequent motion by Director - Jones, seconded by Director Wellons, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Dire _elect; and the Ordinance was then read the third and last time. An Aye and No Vote was taken on the passage of the Ordinance, and the resulting vote is described as follows: Ayes - Directors Keith, Dailey,.Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. It was announced that the Ordinance had PASSED. An Appeal of the Planning Commission's denial on February 28, 1978 of Zoning Petition No. Z -3191, submitted by Carroll W. Brockwell, Facts Realty, requesting the rezoning of property located at 9811 Geyer Springs Road, described as Lot 172, Hoyts Replat of Tract A, McClellan Place Subdivision, from "D" Apartment District to "E -1" Qdiet Business District, was presented for consideration, to set -a date for Public Hearing on May 2, 1978. Mr. Brockwell was present and requested that the Board return the matter to the Planning Commission for reconsideration. Director Jones stated that she would like to see it go back to the Planning Commission for re- evaluation. Director Wellons advised that he has a problem with this procedure, unless additional information is available to the Commission. Upon question by Director Linkous, Mr. Nathaniel Griffin, Director of Comprehensive Planning, told the Board that as he recalled, there were no questions asked of Mr. Brockwell at the time the zoning request was heard by the Planning Commission. There was a motion at this time from Director Linkous that "the Planning Commission be given an opportunity, at the request of the applicant, to rehear this particular petition, with the option to rehear same, or return it to the Board of Directors to set the Public Hearing date on May 16, 1978." The motion was seconded by Director Keith and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes None; Absent - Director Castleman - total 1. Presented at this time was the petition of Pulaski Federal Savings and Loan Association, et al, to vacate and close all of the alley in Block 95, Original City Addition to the City of Little Rock, Arka which had been approved by the Planning Commission on March 28, 1978. Accompanying the petition was a letter from the Little Rock Abstract Company certifying to the abutting property owners, and a certified copy of the Surveyor's Plat. (See Resolution No. 5,927, as follows, which sets the date of Public Hearing for May 16, 1978 at 7:30 o'clock P. M.) Resolution No. 5,927 was presented, containing the following title: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK 95, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; ' and a complete reading of the Resolution followed. There was a motion then made by Director Linkous, seconded by Director Keith, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. 1 APRIL 18 1978, Cont'd. The next presentation was a Resolution adopted by the Commissioners of Metrocentre Improvement District No. 1, amending the Metrocentre Improvement District Plan to include Lots 10, 11 and 12, Block 107, Original City, planned improvements to reflect the estimated cost of.$130,000. A motion followed from Director Wellons, seconded by Director Dailey, to receive and file -the Resolution. The motion was adopted by unanimous viva voce vote. Introduced at this time was Ordinance No. 13,434, 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; (McClellan High School Property - Court Order dated January 10, 1978) with the Ordinance being read the first time, followed by a motion from Director Wellons to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of thi members of the Board of Directors - elect; and'a second reading of the Ordinance ensued. The rules were - again- suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Linkous and Wellons, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of.the members of the Board of Directors - elect. Following the thir and final reading of the Ordinance, there was an Aye and No Vote.taken.on the passage of the Ordinance which resulted as herein recorded:. Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None;. Absent - Director`Castleman.- ;total..l. The Ordinance was therefore, declared PASSED. Ordinance No. 13,435 was presented, containing the following.title: AN ORDINANCE APPROPRIATING 1977 CAPITAL IMPROVEMENT FUNDS FOR DEVELOPMENT OF UNIVERSITY PARK; ` " AND FOR OTHER PURPOSES; ($850,OOO� appropriated - $300,000 to be repaid to said fund, $150,000 from the Rebsamen Foundation - and $150,000 from the Bureau of Outdoor Recreation) and said Ordinance was read the first time. There was a motion which followed from Director Wellons, seconded by Director Jones, to suspend the rules to provide for the second reading of the Ordinance; wit the motion being unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance; after which there was a subsequent motion by Director Linkous, seconded by Director Wellons, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Boar of Directors - elect; and the Ordinance was then read the third and last time. An Aye and No Vote was taken on the passage of the Ordinance, and the resulting vote is described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. It was announced that the Ordinance had PASSED. The next matter to be considered was Ordinance No. 13,436, with the title being: AN ORDINANCE APPROPRIATING GENERAL FUNDS FOR EQUIPMENT PURCHASES FOR THE HIGHWAY TRAFFIC SAFETY PROJECT AND FOR OTHER PURPOSES; ($89,950.00) with there being a first reading of the Ordinance. There was a motion at this time from Director Wellon seconded by Director Jones, to suspend the rules and place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being six in number and two- thirds ' or more of the members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion made and seconded by Directors Linkous and Wellons, respectively, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordi- IIIN APRIL 18, 1978, Cont'd. nance, which resulted as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. Whereupon, the Ordinance was declared PASSED. Presented for consideration next was Ordinance No. 13,437, entitled: AN ORDINANCE AMENDING IN PART SECTION 13 -13 OF THE CODE OF ORDINANCES, AS AMENDED, PERTAINING TO FIRE PROTECTION OUTSIDE THE CORPORATE LIMITS OF THE CITY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time; after which, there was a motion from Director Wellons, seconded by Director Jones for a suspension of the rules to provide for the second reading of the Ordi- nance at this time. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. There was a subsequent suspension of the rules and the Ordinance was placed on its third and final reading by a motion again made by Director Wellons and seconded by Director Jone which was unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was follow ed by an-Aye and No Vote on the passage of the Ordinance which received the following response: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 5; Noes - Director Keith - total 1; Absent - Director Castleman - total 1. An announcement was made that the Ordinance had PASSED. Resolution No. 5,928 was presented, described as: A RESOLUTION AUTHORIZING FIRE PROTECTION AGREEMENT WITH CERTAIN BUSINESSES.FOR SERVICE OUTSIDE THE CORPORATE LIMITS; AND FOR OTHER PURPOSES; (Levi Strauss & Co.; Arnolds, Inc.; Arkansas Psychiatric Clinic; and Independent Air Conditioning) and there was a complete reading of the Resolution. A motion then followed from Director Linkous, seconded by Director Wellons, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. Next presented was Resolution'No. 5,929, entitled: A RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT FOR SERVICES OUTSIDE THE CORPORATE LIMITS; AND FOR OTHER PURPOSES; (Siemen's Allis, Inc.) which Resolution was read in full and subsequently adopted by a motion made and seconded by Directors Linkous and Wellons, respectively, and by the following roll call vote: Ayes - Directors Keith, Dailey Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. There was the presentation of a Resolution adopted by the Little Rock Airport Commission approving in principle, the revision in the land description prepared by Garver & Garver, Engineers, included in the Agreement between the City of Little Rock and American Falcon Service Act 9 Bond Project. There was a motion made by Director Linkous and seconded by Director Keith that the Resolution of the Airport Commission be received and filed. The motion was adopted by unanimous viva voce vote of the Board Members present. Resolution No. 5,930 was presented, with the title being: A RESOLUTION APPROVING THE FINAL FORM OF PROPERTY DESCRIPTION FOR A LEASE AND AGREEMENT BETWEEN THE CITY AND AMERICAN FALCON SERVICE, INC. AND FOR A TRUST INDENTURE TO BE DELIVERED BY THE CITY TO WORTHEN BANK & TRUST COMPANY, N.A.; with there being a full reading of the Resolution, followed by a motion from Director Linkous, seconde by Director Wellons, for adoption of the Resolution. A roll call was taken and the ensuing vote adop the Resolution as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, We and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. 57� APRIL 18, 1978, Cont'd. The next item presented for consideration was Resolution No. 5,931, described as: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF LITTLE ROCK, ' A LETTER AGREEMENT FOR THE PAYMENT OF CERTAIN SUMS OF MONEY IN LIEU OF TAXES; AND FOR OTHER PURPOSES; (American Falcon Service, Inc.) with the Resolution being read in its entirety. A motion was then made by Director Linkous, seconded by i Director Wellons, which resulted in the adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones -'total 6; Noes - None; Absent - Director Castleman - total 1. Resolution No. 5,932 was presented, with the following title: A RESOLUTION MAKING AN APPOINTMENT TO THE OAKLAND- FRATERNAL CEMETERY BOARD; AND FOR OTHER PURPOSES; I (Appointing Mr. Charles R. Shelton to fill the unexpired term of Mr. Walter N. Brandon, Jr. which shall expire June 1, 1979) and a complete reading of the Resolution followed. There was.a motion then made by Director Linkous, seconded by Director Wellons, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. The last matter to be considered was Resolution No. 5,933, entitled: . A RESOLUTION MAKING AN APPOINTMENT TO THE CITY ELECTRICAL EXAMINING BOARD; AND FOR OTHER PURPOSES; (Appointing Mr. Doyne Moore to a three year term expiring January 1, 1981) which Resolution was read in full. A-motion was made by Director Linkous, seconded by Director Wellons, that the Resolution be adopted. In the ensuing roll call vote, the Resolution was'adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. There being no further business to be presented or to come before the Board of Directors at this. time, upon motion of Director Wellons, seconded by Director Keith, and by unanimous vote of the Board Members present, the meeting was adjourned at 8:30 o'clock P. M., to meet.again in regular session on Tuesday, May 2, 1978, at 7:30 o'clock P. M. ATTEST: ( APPROVED: City Clerk Mayor i 4 I V Board of Directors Chamber Little Rock, Arkansas I ' May 2, 1978 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons and Castleman - total 5; Absent - Director Jones - total 1. A quorum was declared present, and the meeting then proceeded as herein described: The Invocation was given by Mayor Mehlburger. The first presentation from the Official Agenda was a series of "Consent" items, described as follows: (a) The Minutes of the previous meeting held on April 18, 1978. Al (b) Resolution No.. 5,934, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE ANNUAL PURCHASE OF AUTOMOTIVE TIRES AND TUBES; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (c) Resolution No. 5,935, with the title being: , A RESOLUTION AMENDING RESOLUTION 115921 PERTAINING TO TITLE III CETA FUNDS; AND FOR OTHER PURPOSES. (Summer Youth Program) By a roll call vote,-with all Board Members present voting Aye, the following action was taken on the foregoing Consent Items: (a). The Minutes were approved as written and summarized; (b) Resolution No. 5,934 was read in full and adopted; and (c) Resolution No. 5,935 was read in full and adopted. An Appeal of the Planning Commission's denial on March 28, 1978 of Zoning Petition No. Z- 1271 -A, submitted by Attorney Joseph A. Madey, requesting the rezoning of property located at the Northwest Corner of Fair Park Boulevard at 11th - Street (1022 Fair Park_ Boulevard), from "E -1" Quiet Business District to "F" Commercial District, was presented for consideration, to set a date for Public Hearing on May 16, 1978. Director Linkous made a motion that the Public Hearing be set on May 16, 1978, which motion was seconded by Director Keith and was adopted by unanimous viva voce vote by Members of the Board of Directors present. Ordinance No. 13,438 was introduced at this time, entitled: IIII� 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; (Woodland Heights Subdivision) and after a first reading of the Ordinance, there was a motion from Director Wellons to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Keith and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, followed by an ensuing motion that the rules again be suspended,to allow for the third and final reading of the Ordinance at this time; with the motion being made by Director Keith, and seconded by Director Dailey, and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time; after which there was an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons; and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. It was announced that the , Ordinance had PASSED. Resolution No. 5,936 was presented, containing the following title: A RESOLUTION APPROVING A CONSENT DECREE IN PULASKI COUNTY CHANCERY COURT CASE NO. 77 -4220 STYLED CITY OF LITTLE ROCK, ARKANSAS VS JOSEPH P. HICKEY, ET AL; AND FOR OTHER PURPOSES; MAY 2, 1978, Cont'd. (Approves a zoning classification of 5.001 acres on Rodney Parham Road owned by Joseph P. Hickey, for uses permitted by "E -1" Quiet Business and Institutional District. Order of Dismissal of the above case received May 2, 1978 from Pulaski County Circuit Clerk) Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. There was presented Ordinance No'. 13,439, described as: AN ORDINANCE APPROPRIATING 1977 GENERAL OBLIGATION BOND ISSUE FUNDS FOR CONSTRUCTION OF A CENTRAL- IZED VEHICLE MAINTENANCE FACILITY; AND FOR OTHER PURPOSES; which Ordinance was then read the first time. The rules were suspended and the Ordinance placed on its second reading by a motion made by Director Keith, seconded by Director Wellons, and unanimously adopted by a roll call vote of the six Directors present; and a second reading of the Ordinance ensued. A i motion was then made by Director Castleman and seconded by Director Dailey, which again suspended the I rules to allow for the third and final reading of the Ordinance; which motion was adopted by unanimous roll call vote of the Board Members present, being six in number and two- thirds or more of the members o the Board of Directors - elect. The Ordinance was then read the third and last time; after which there i was an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Director Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. The Ordinance was then declared PASSED. I The next presentation was Resolution No. 5,937, entitled; A RESOLUTION EXTENDING THE CITY'S CONTRACT WITH.UNIMARK- McDONALD, INC. FOR PUBLIC OFFICIAL • i LIABILITY INSURANCE; AND FOR OTHER PURPOSES; i and there was a full reading of the Resolution. At this point, Director Castleman commented on the provisions of the liability coverage and was of the opinion that the Plan did not include slander or liable coverage for public officials.' City Manager Carleton E. McMullin stated that throughout the country, there has been a tendency toehold public officials liable, acting within the scope of employ- ment and recommended the extension of the contract. A motion by Director Linkous, seconded by Director Wellons, led to the Resolution's adoption by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous and Wellons - total 5; Noes - Director Castleman - total 1; I Absent - Director Jones - total 1. Next presented was Ordinance No. 13,440, containing the following title: AN ORDINANCE APPROPRIATING FUNDSIFOR THE LITTLE ROCK -NORTH LITTLE ROCK URBAN RAIL STUDY; AND FOR i OTHER PURPOSES; i ($5,332.00) with the Ordinance being read the first time, followed by a motion from Director Linkous to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Keith and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and secon ed by Directors Dailey and Keith, respectively, and unanimously adopted by the Board Members present, i being six in number and two- thirds orlmore of the members of the Board of Directors - elect. Following I I the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directo Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. Whereupon, i I the Ordinance was declared PASSED. the Resolution being read in,its'entirety and subsequently adopted by a motion made by Director IIwith Wellons, seconded by Director Dailey, and by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. There was presented Ordinance No'. 13,439, described as: AN ORDINANCE APPROPRIATING 1977 GENERAL OBLIGATION BOND ISSUE FUNDS FOR CONSTRUCTION OF A CENTRAL- IZED VEHICLE MAINTENANCE FACILITY; AND FOR OTHER PURPOSES; which Ordinance was then read the first time. The rules were suspended and the Ordinance placed on its second reading by a motion made by Director Keith, seconded by Director Wellons, and unanimously adopted by a roll call vote of the six Directors present; and a second reading of the Ordinance ensued. A i motion was then made by Director Castleman and seconded by Director Dailey, which again suspended the I rules to allow for the third and final reading of the Ordinance; which motion was adopted by unanimous roll call vote of the Board Members present, being six in number and two- thirds or more of the members o the Board of Directors - elect. The Ordinance was then read the third and last time; after which there i was an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Director Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. The Ordinance was then declared PASSED. I The next presentation was Resolution No. 5,937, entitled; A RESOLUTION EXTENDING THE CITY'S CONTRACT WITH.UNIMARK- McDONALD, INC. FOR PUBLIC OFFICIAL • i LIABILITY INSURANCE; AND FOR OTHER PURPOSES; i and there was a full reading of the Resolution. At this point, Director Castleman commented on the provisions of the liability coverage and was of the opinion that the Plan did not include slander or liable coverage for public officials.' City Manager Carleton E. McMullin stated that throughout the country, there has been a tendency toehold public officials liable, acting within the scope of employ- ment and recommended the extension of the contract. A motion by Director Linkous, seconded by Director Wellons, led to the Resolution's adoption by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous and Wellons - total 5; Noes - Director Castleman - total 1; I Absent - Director Jones - total 1. Next presented was Ordinance No. 13,440, containing the following title: AN ORDINANCE APPROPRIATING FUNDSIFOR THE LITTLE ROCK -NORTH LITTLE ROCK URBAN RAIL STUDY; AND FOR i OTHER PURPOSES; i ($5,332.00) with the Ordinance being read the first time, followed by a motion from Director Linkous to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Keith and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and secon ed by Directors Dailey and Keith, respectively, and unanimously adopted by the Board Members present, i being six in number and two- thirds orlmore of the members of the Board of Directors - elect. Following I I the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directo Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. Whereupon, i I the Ordinance was declared PASSED. 562 7 MAY 2, 1978, Cont'd. Introduced at this time was Resolution No. 5,938, with the title being: A RESOLUTION SUPPORTING THE PROJECT OF REDEVELOPMENT OF THE RED CARPET INN TO HIGH RISE APARTMENTS FOR THE ELDERLY AND DECLARING SAME A HIGH PRIORITY PROJECT; AMENDING THE 4th YEAR HOUSING ASSISTANCE , PLAN OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. Dr. Jerry Jewell, one of the owners of the Red Carpet Inn was present to answer any questions the Board Members might wish to ask. Upon question by Director Dailey, Dr. Jewell advised that City Funds would not be involved, but that adoption of the proposed Resolution would support an amendment to Section 8 of the Federal Housing Program. If amended, the City could receive more Federal Funds for housing, which would be used to pay up to 75% of the housing cost of elderly and handicapped persons.. Dr. Jewell further stated that this proposal would salvage the Red Carpet facility for a useful purpose and the owners feel the conversion can be accomplished. There was no further discussion, and the Resolution was adopted upon motion of Director Linkous, second- ed by Director Castleman, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellonssand Castleman - total 6; Noes - None; Absent - Director Jones - total 1. At 7:55 o'clock P. M. a motion was made by Director Dailey that the Board recess to Executive ' Session in the Conference Room to discuss appointments to Boards and Commissions and applications for position of City Attorney. The motion was seconded by Director Keith and unanimously adopted by voice vote of the Board Members present. Board of Directors Chamber Little Rock, Arkansas May 2, 1978.- 9:05 P. M. The Board of Directors of the City of Little Rock reconvened in the Board Chamber with Mayor Mehlburger presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Dailey, Linkous, Wellons and Castleman - total 5; Absent - Director Jones - total 1. It was declared that a quorum was in attendance and the following business was transacted: Mayor Mehlburger announced that applications for City Attorney had been narrowed to seven; that the names would be announced after the applicants had been contacted for interviews and that interviews of the seven would begin Monday, May 8, 1978 at 8:30 A. M. The final presentation was Resolution No. 5,939, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE BOARD OF TRUSTEES OF THE MUSEUM OF SCIENCE AND NATURAL HISTORY; AND FOR OTHER PURPOSES; (Appointing Darryl Taylor, Dick Herget and Mrs. Billy Jo Humphrey) with the Resolution being read in full, and subsequently adopted upon motion of Director Dailey, second- ed by Director bastleman, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. There being no further business to be presented or to come before the Board of Directors at this time, by motion of Director Keith, seconded by Director Dailey, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:15 o'clock P. M., to meet again in regular session on Tuesday, May 16, 1978 at 7:30 o'clock P. M. ATTEST: APPROVED: �n ' City Clerk Mayor I Board of Directors Chamber Little Rock, Arkansas May 16, 1978 - 6:30 P. M. The Board of Directors of the City of Little Rock, Arkansas convened at 6:30 o'clock P. M. to recess into Executive Session for the purpose.of selecting a City Attorney and for the discussion of appointments to Boards and Commissions, with Mayor Mehlburger presiding and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. Board of Directors Chamber Little Rock, Arkansas May 16, 1978 - 7:30 P. M. The Board of Directors.of the City of Little Rock, Arkansas reconvened in regular session with Mayor Mehlburger presiding and Robbie Hancock, Assistant City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons and Jones - total 5; Absent - Director Castleman - total 1. It was announced by the Mayor that a quorum was present, and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Dailey. Mayor Mehlburger announced that R. Jack Magruder, III, had been selected as the new City Attorney and that he would take office June 5, 1978. There was a motion by Director Keith, seconded by Director Linkous, that R. Jack Magruder, III, be employed as City Attorney, and the motion was adopted unanimous by the Board Members present. Introduced at this time was Resolution No. 5,940, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES; (Appointing Miss Winifred Whitfield to a three -year term to expire February 4, 1981) and the Resolution was read in full. There was a motion from Director Linkous, seconded by Director Dailey, that the Resolution be adopted. A roll call was then taken which resulted in the adoption of the Resolution by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. The next item to be considered was Resolution No. 5,941, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE CITY BEAUTIFUL COMMISSION; AND FOR OTHER PURPOSES; (Appointing Mr. Donald Arick to a three year term replacing Albert Porter, which term expires October 1 1980; and Mrs. Trema L. Fleischauer to serve the unexpired term of Mr. Jim Shearin, which term expires October 19, 1978.) and after a full reading of the Resolution, there was a motion by Director Linkous, seconded by Directo Dailey, that the Resolution be adopted. A roll call was taken which resulted in the adoption of the Resolution as follows; Ayes — Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. Presented next for consideration were the Consent Items described as follows: (a) The Minutes of the previous meeting held May 2, 1978. (b) A report of the Little Rock Advertising and Promotion Commission for 1977. (c) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of March, 1978. (d) A report of the Commissioners of Sewer Improvement District No. 144; (Area of Westwood- Euclid Place); 563 =J41 1 MAY 162 1978, Cont'd. (d) cont'd. Resolution No. 5,942 entitled: RESOLUTION APPROVING PLANS AND APPOINTING ASSESSORS IN SEWER IMPROVEMENT DISTRICT NO. 144 OF LITTLE ROCK, ARKANSAS; ' (e) Resolution No. 5,943, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR FERTILIZERS AND CHEMICALS AND TOWEL i AND LINEN SERVICE; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES; By a motion from Director Linkous, seconded by Director Keith, and unanimously adopted by the Board Members present, the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors, (b & c) Reports were received and filed, (d) the report of Sewer Improvement District No. 144 was received and filed and Resolution No. 5,942 was read in full and adopted; and (e) Resolution No. 5,943 was read in full and adopted. A Public Hearing had been scheduled for this -time and place to hear arguments on an Appeal of the Planning Commission's denial on March 28, 1978 of Zoning Petition No. Z- 1271 -A, submitted by Attorney Joseph A. Madey, requesting the rezoning of property at the northwest corner of Fair Park Boulevard at 11th Street (1022 Fair Park Boulevard), from "E -1" Quiet Business District to "F" Commercial District. The Public Hearing was declared to be open. There was no one present to speak in opposition. Attorney Joseph A. Madey gave a slide presentation and stated that the owner Dr. Barton Dukett wished to make the ' property into a sporting goods store (hunting and fishing supplies only, no guns). The Public Hearing was declared closed and an Ordinance to rezone the described property was placed on first reading. (See proposed Ordinance as follows) AN ORDINANCE RECLASSIFYING 1022 FAIR PARK BLVD. IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion from Director Keith,to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Dailey and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time followed by an ensuing motion that the rules again be suspended to allow for the third and final reading of the Ordinance at this time; with the motion being made by Director Linkous and seconded by Director Keith, and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time; after which there was an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Dailey, Linkous and Wellons - total 3; Noes - Director Keith, Mayor Mehlburger, Director Jones - .total 3; Absent - Director Castleman - total 1. It was'then announced that the Ordi- nance had FAILED of passage. An Appeal of the Planning Commission's denial on February 28, 1978, of Zoning Petition No. Z -3191, submitted by Carroll W. Brockwell to rezone 9811 Geyer Springs Road, from "D" Apartment District to "E -1" Quiet Business District, was presented for consideration, to set a date for Public Hearing on June 6, 1978. Director'Keith made a motion that the Public Hearing be set on June 6, 1978, which motion was seconded by Director Linkous and was adopted by unanimous viva voce vote by Members of the Board of Directors present. A Public Hearing had been scheduled for this time and place to hear arguments on the petition from Pulaski Federal Savings & Loan Association by Attorney Sam Jones of Wright, Lindsey and Jennings, to i vacate and close the alley in Block 95, Original City of Little Rock, Arkansas. As Notice of the hearing , had been duly published on April 26, 1978 and May 3, 1978, as required by Law, the Public Hearing was declared to be open. However, there was no one present who wished to address the issue; the Public Hearing was declared closed, and an Ordinance to close the described alley was placed on first reading. IL (See Ordinance No. 13,441 as follows) r�I MAY 16 1978, Cont'd. Presented at this time was Ordinance No. 13;441, entitled: AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY -OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING ' THE ALLEY IN BLOCK 95, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; with there being a first reading of the Ordinance. There was a motion at this time from Director Link seconded by Director Wellons, to place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the.third and final reading of the Ordinance by a motion made by Director Linkous, secon by Director Wellons, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordi- nance was followed by an Aye aid No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes— None; Absent - Director Castleman - total 1. The Ordinance was then declared PASSED. The next matter to be considered was Ordinance No. 13,442, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR REPAIR OF STREET EQUIPMENT; AND FOR OTHER PURPOSES; ($15,000) and the Ordinance was read the first time. The rules were then suspended and the Ordinance placed on it: second reading, by a motion from Director•Keith,_seconded by Director Linkous, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was.a second reading of the Ordinance, after which there was a subsequent motion by Director Keith, seconded by Director Wellons, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinanc was then read the third and last time, followed by an Aye and No Vote on the.passage of the Ordinance with the response being: Ayes - Directors Keith and Dailey, Mayor Mehlburger,.Directors Linkous, Wellon and Jones - 'total 6; Noes - None; Absent - Director Castleman - total 1. Accordingly, the Ordinance was declared PASSED. - i Presented next for consideration was Ordinance No. 13,443, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR COMPLETION OF THE SANITARY LANDFILL;.AND FOR OTHER PURPOSES; ($71,000.00) with there being a first reading of the Ordinance. There was a.motion at this time from Director Keith, seconded by Director Linkous, to suspend the rules and place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion from Director Keith, seconded by Director Wellons, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The third and last readin of the Ordinance was followed.by an Aye and No Vote taken on the passage of the.Ordinance which resulted as herein described: Ayes - Directors Keith and Dailey,, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes - None; Absent - Director Castleman - total 1. The Ordinance was therefore, I declared PASSED. The next matter to be considered was Resolution No. 5,944, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND ARKANSAS MODIFICATION CENTER, ING'., PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and a complete reading of the Resolution followed. There was a motion then made by Director Linkous, seconded by Director Dailey, which resulted in a roll call vote whereby the Resolution was adopted as r M MAY 16, 1978, Cont'd. herein recorded: Ayes - Directors Keith and Dailey,, Mayor Mehlburger,.Directors Linkous, Wellons and Jones - total 6;. Noes - None; Absent - Director Castleman - total 1. Introduced at this time was Resolution No. 5,945, described as: A RESOLUTION AMENDING RESOLUTION NO. 5,887 TO INCREASE THE AUTHORIZED AMOUNT FOR COMPLETION OF,THE lul BLAKEMORE DITCH PROJECT; AND FOR.OTHER PURPOSES.; (Increased to $815,501.00) and the Resolution was read in.full. There was a motion by Director Wellons, seconded by Director Keith that the Resolution be adopted. A roll call vote resulted in the adoption of the Resolution as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Jones - total 6; Noes None; Absent - Director Castleman - total 1. The next presentation was a proposed Ordinance entitled: LANDSCAPE ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS; and.the ordinance was read the first time. Mr. Maurice Lewis,.Executive Vice President of the Arkansas Hospitality Association, asked that the Board exempt restaurants, hotels and motels from the ordinance because landscaped parking lots would screen the.main parts of those buildings from the street and would hinder crime prevention. He said the view of the cash register in those buildings should not be obstruct ed by plants because passing policemen would not be able to see if anything were wrong. Mayor Mehlburger ' suggested that the City Manager's Staff be made available to work with Mr. Lewis on this matter. Mr. Burton Speights, chairman of Governmental Affairs of Little Rock and North Little Rock, stated that this organization was in favor of the proposed ordinance. A representative of the Arkansas Association of Landscape Architects, said the Association endorses the proposed Ordinance also. Upon question by the Board, Mr. Ted Hanna of the City Beautiful Commission, stated that this.ordinance had been in the making for over 18 months. Director Jones questioned.who is to be the "designated agent" and who is to say is suitable? Director Wellons said there is.a need to define the '.'designated_ agent. ", Mr. Hanna reques ed that questions be submitted in writing to the City Beautiful Commission or to Mr. Julius Breckling, Director of Parks and Recreation, prior to the next Agenda Meeting. There was no further discussion and the proposed Ordinance remained on the calendar for second reading. Director Wellons was excused. Presented next for consideration was Resolution No.5,946, entitled: A RESOLUTION AMENDING THE 4TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ASSISTANCE PLAN; , ENDORSING THE EASTVIEW TERRACE APARTMENT COMPLEX AS A HIGH PRIORITY PROJECT; AUTHORIZING AN OPTION CONTRACT; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, Mr. W. A. Thomas, a housing consultant from St. Louis, Missouri, addressed the Board, explaining the proposed Eastview Development Company housing project. The project as proposed calls for garden apartments, townhouses, and units for the elderly. There will be 86 one and two - bedroom garden apartments for the elderly, 98 two - bedroom garden apartments and 16 three - bedroom townhouses. Mercantile Mortgage,Company of St. Louis will provide financing and will seek approval of the project by the Federal Housing and Urban Development Department in order to employ the Little Rock Housing Authority as a conduit for issuing tax exempt bonds. Following the discussion, was a motion by Director Linkous, seconded by Director Keith, that the Resolution be adopted. A roll call vote resulted in the adoption of the Resolution as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous and Jones - total 5; Noes - None; Absent - Directors Wellons and Castleman - total 2. City Manager Carleton McMullin requested the Board of Directors to consider a matter that did , not appear on the official Agenda.. (See Ordinance No. 13,444) `ter" MAY 16, 1978, Cont'd. Introduced at this time was Ordinance No. 13,444, entitled:. AN ORDINANCE AUTHORIZING THE CITY MANAGER-TO-MAKE APPLICATION FOR-PLANNING GRANT FUNDS; APPROPRIAT FUNDS; AND FOR OTHER PURPOSES; (appropriating $10,000 as matching share of HUD Section 701 Planning Grant Funds for a Downtown Riverfront Planning Project) and the Ordinance was.read the first ,time. The rules were then suspended and the Ordinance placed on its second reading, by a motion from Director Keith, seconded by Director Linkous, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance,.after which .there was a sub- sequent motion by Director Linkous, seconded by Director Dailey, to again suspend.the rules and place the Ordinance on its third and final reading. The motion was adopted by a unanimous.vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote on the passage of the Ordinance with the response being: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous and Jones - total 5; Noes - None; Absent - Directors Wellons and Castleman - total 2 The Ordinance was then declared PASSED. Under Citizens Communications the following discussions were held: Attorney Ben C. McMinn, representing Mr. Fred Young, owner of property at 3507 -3509 Walker Street, requested that the curb be lowered at this location because it was damaging his property. The curb is approximately 16" above the level of the front yard. At this point, Mayor Mehlburger turned the meeting over to Vice Mayor Dailey, due to a conflict of interest. Mr. McMinn stated that his client was seeking an injunction from the Chancery Court. The Judge agreed to issue the injunction only if Mr. Young would put up $20,000 bond. The Staff was requested to take measures to prevent this type of situation in the future. Vice Mayor Dailey turned the meeting back over to Mayor Mehlburger. Mr. Lloyd Brothers, Jr., 5405 Larch Road (also a member of the Electrical Examining Board) addres the Board of Directors, asking for help from the City on a drainage problem. .Inadequate drainage facilities were installed in a County subdivision that was annexed to the City 16 years ago and now affects property owners who moved there three years ago. Assistant-City Manager Mahlon Martin stated that Ernie Peters of the City's Engineering - Department said that the City was going to attempt to remove the existing pipe under the street, which hopefully would alleviate the problem. There being no further business to be.presented or to come before the Board of Directors at this time, upon motion of Director Linkous, seconded by Director Dailey, and by unanimous vote.of the Board Members present, the Board of Directors recessed at 9:20 o'clock P. M. until Wednesday, May 24, 1978 at 9:30 o'clock A. M. for -the purpose of evaluating the City Manager. ATTEST: „� �ih.f,G/(/ APPROVED: City Clerk Mayor /I i� Board of Directors Chamber Little Rock, Arkansas May 24, 1978 - 9:30 A. M. ' The Board of Directors of the City of Little Rock, Arkansas reconvened from the May 16, 1978 meeting with Mayor Mehlburger presiding and Jane Czech, City Clerk and the following- Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. A quorum was declared present and the proceedings are herein recorded as follows: Mayor Mehlburger announced that the purpose of the reconvened meeting was for the evaluation of the City Manager. However, Director Castleman requested that the Board discuss fire protection to citizens whose annexation petitions have been filed with the County Judge, and upon approval by the County Judge, will be submitted to the City for annexation. He urged the Board.to take some action to extend fire service to citizens after an annexation petition is filed with Pulaski County. The discussion stemmed from a fire Saturday that destroyed a house at 8 Coral Court in the Pleasant View Subdivision, which is four blocks from the northwest edge of the City Limits. The residents had filed a petition to annex the area to the City, with the County Judge, but the City does not furnish fire , protection until annexations are approved by the Little Rock Board of Directors with the passage of an Ordinance. Director Dailey stated that.an Ordinance is being prepared for consideration at the May 31st Agenda Meeting to extend fire protection to areas outside the City as soon as petitions are submitted to the County Judge for annexation. He indicated he would be willing to allow a three day period for proper orientation by City Staffs as to boundaries of areas proposed for annexation. Upon question by Board Members, City Manager Carleton McMullin recommended a period of five working days for this purpose. Director Castleman requested that the Board take immediate action on Director Dailey's proposal adding, "They've shown their good faith when they present the annexation petition, and it would be entirely consistent with our policy of encouraging annexations." Mayor Mehlburger advised that he favored using the County Judge's annexation order as the date for providing service. Director Wellons pointed out that "we recently asked the County Judge for permission to review and comment on annexation petitions before he acts on them," adding, "the purpose of that is to eliminate annexations that are not advanta- geous to the City." He further stated that sometimes an annexation will create an unincorporated pocket , that makes delivery of city services difficult, and that there is alwayssaedanger of overreacting out of emotion when a tragedy occurs. Director Keith asked the City Manager to obtain answers to the follow- ing questions: (1) Can a petition be withdrawn or amended after it is submitted to the Court? (2) Does the reduction in the present service because of adding the areas outside the City Limits increase the fire rates? He requested an expression from the Fire Chief on how we are coming along in the rating system. (3) When does the annexed property start to produce revenue for the City of Little Rock? And, (4) With which volunteer departments in the County does the City have reciprocal agreements of mutual assistance? Director Jones advised that she could support providing service after the Judge signs the annexation order, but feels annexations need be in the best interests of the City and that special services should not be extended to special sections of the City. Director Linkous stated that he was totally in favor of fire service immediately after the signatures on the petitions are declared valid. i 1 69 MAY -24, 1978, Cont'd. There was no further discussion and Director Wellons made a motion that the Board go into Executive Session in the Board of Directors' Conference Room for the purpose stated above. The motion ' was seconded by Director,Keith and adopted by unanimous voice vote of the Board Members present. At 1:22 o'clock P. M. the Board of Directors returned to the Board Chamber and Mayor Mehlburger announced that the Board of Directors would - remain in. recess. ATTEST: (% APPROVED: V - City Clerk Mayor - i i r I Board of Directors Chamber Little Rock, Arkansas June 6, 1978 - 7 :30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas reconvened from the May 24, 1978 with Mayor Mehlburger presiding and Jane Czech, City Clerk and the following Directors present:. Direct- ors Keith, Dailey, Linkous, Wellons and Castleman - total 5; Absent - Director Jones - total 1. Mayor Mehlburger announced there was no business to come before the meeting, and upon motion by Director'Dailey, seconded by Director Keith, and by unanimous voice vote of the Members present, the Board of Directors adjourned to meet in regular session. Board of Directors Chamber Little Rock, Arkansas June 6, 1978 - 7:35 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor , Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Wellons and Castleman - total 5; Absent - Director Jones - total 1. ings: It was announced that a quorum was in attendance, and the following is an account of the proceed- The Invocation was given by Director Keith. The first presentation was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held on May 16, 1978 and the reconvened meeting held on May 24, 1978. (b) The Annual Report of the Policemen's Pension & Relief Fund for 1977. (c) The Annual Report of the Firemen's Relief & Pension Fund for 1977. (d) Resolution No. 5,947, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR ANNUAL MAINTENANCE SERVICE; ' AUDIO INTELLIGENCE DEVICES; FM MOBILE RADIOS; TRAFFIC SIGNAL TEST EQUIPMENT; POLICE AND AUTO EQUIPMENT; TRAFFIC SIGNAL HARDWARE; AND CONSTRUCTION OF A METAL BUILDING AT THE CITY MATERIAL YARD; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (e) Resolution No. 5,948, with the title being: A RESOLUTION ADOPTING EMPLOYEE RULES AND REGULATIONS FOR THE LITTLE ROCK POLICE DEPARTMENT; AND FOR OTHER PURPOSES. By a motion from Director Keith, seconded by Director Dailey, which was adopted by unanimous voice vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the previous meeting and the reconvened meeting were approved as written and summarized to the members of the Board of Directors; (b & c) The Reports of the Policemen's Pension and Relief Fund and the Firemen' Relief and Pension Fund were received and filed; and (d & e) Resolutions No. 5,947 and 5,948 were read in full and adopted by the following roll call vote: Ayes -- Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Wellons - total 6; Noes - None; Absent - Director Jones - total 1. Introduced at this time was Ordinance No. 13,445, containing the following title: I I 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; (N /W Corner of Kanis Road at Shackleford Road - Court Order dated April 3, 1978) L JUNE 6, 1978; Cont'd. with the Ordinance being read the first time, followed by a motion from Director Linkous to suspend the rules and place' the Ordinance on its second reading. The motion was seconded by Director Wellons and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Linkous and Wellons, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and final reading of the Ordinance, there was an Aye and No Vote.taken on the passa; of the Ordinance which resulted as herein recorded: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 5; Noes - None; Abstaining - Director Dailey —total 1; Absent - Director Jones - total 1. The Ordinance was therefore, declared PASSED. Ordinance No. 13,446 was.presented, described as: 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; (South side of Hermitage Road, two blocks west of Shackleford Road,- Court Order signed March 17, 1978) and said Ordinance was read the first time. There was a brief discussion on islands created by some of the annexations, and Director Keith commented that "I would like to serve notice that we get very hard - nosed about providing any services for those islands, ".adding, "they're making a mockery of our zoning process." Mayor Mehlburger agreed that islands "play havoc" with the extension of city services to newl annexed areas. There was a motion which followed from Director Linkous, seconded by Director Dailey, to suspend the rules to provide for the second reading of the Ordinance, with the motion being unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, after which there was a sub- sequent motion by Director Linkous, again seconded by Director Dailey, to suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the third and last time. An Aye and No Vote was taken on the passage of the Ordinance, and the resulting vote is recorded as follows: Ayes - Directors Keith, Dailey Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. It was announced that the Ordinance had PASSED. The next matter to be considered was Ordinance No. 13,447, with the title being: 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; (South side of West Markham Street along Alamo Drive, Elmridge Drive and Ashwood Drive - Court Order dated April 3, 1978) with there being a first reading of the Ordinance. There was a motion at this time from Director Link- ous, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being six in number and two -_ thirds or more of the members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion made and seconded by Directors Linkous and Dailey, respectively, and unanimously adopted by the Board Members present, being six in number and two- thirds or more of the - members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Direct ors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. Where- upon, the Ordinance was declared PASSED. Presented for consideration was Ordinance No. 13,448, entitled: AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF 1 95 JUNE 6, 1978, Cont'd. CERTAIN LANDS LOCATED IN SECTION 28, TOWNSHIP 1 NORTH, RANGE 12 WEST, PULASKI COUNTY, ARKANSAS: (South side of West 65th Street, east of Aerie Street - Court Order dated March 17, 1978) with the Ordinance being read the first time; after which, there was a motion from Director Linkous, ' seconded by Director Dailey for a suspension of the rules to provide for the second reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. There was a subsequent suspension of the rules and the Ordinance was placed on its third and final reading by a motion again made by Director Linkous and seconded by Directo Dailey, which was unanimously adopted by the Board Members present, being six in number and two - thirds o more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote on the passage of the Ordinance which received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. An announcement was made that the Ordinance had PASSED Ordinance No. 13,449 was next presented, described as: AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF CERTAIN LAND, WHICH LAND IS CONTIGUOUS TO THE PRESENT CITY LIMITS, AND FOR OTHER PURPOSES; (South end of Aldersgate Road on the South Side of West 24th Street - Court Order dated March 27, 1978) ' which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Dire or Linkous, again seconded by Director Dailey, to suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The question of the passage of the Ordinance was at this time submitted to an Aye and No Vote, which resulted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Direct- ors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. The Emergency Section contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. It was therefore, ' declared that the Ordinance, together with the Emergency Section had been PASSED. The next presentation was Ordinance No. 13,450, with the title being: 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; (1502 and 1602 Green Mountain Drive - Court Order dated March 24, 1978) and there was a first reading of the Ordinance. A motion was then made by Director Linkous, seconded by Director Dailey, for a suspension of the rules to provide for the second reading of the Ordinance; which motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, there was a subsequent motion by Director Linkous, seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, and the Ordinance was read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith, Dailey, ' Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. It was announced that the Ordinance had PASSED. Ordinance No. 13,451 was presented, containing the following title: 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 AND ASSIGNING SAME TO WARDS; L JUNE 6. 1978. Cont'd. (Fourche Dam Pike at the northeast corner of the East Belt Freeway Interchange - Court Order dated April 6, 1978) and after a first reading of the Ordinance, there was a motion from Director Linkous, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on its second reading. The motion received unanimous adoption by the Board Members present,-being six in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance followed. There was an ensuing motion then made and seconded by Directors Linkous and Dailey, respectively, for a further suspension of the rules to-provide for the third and final reading of the Ordinance; which was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. Whereupon the Ordinance was declared PASSED. There was next presented Ordinance No. 13,452, with the title being: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY LOCATED WITHIN THE NE14 OF SECTION 4, TOWNSHIP'1 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS (BEVERLY HILLS ADDITION) TO THE CITY OF LITTLE ROCK.AND MAKING SAME A PART OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Court Order dated May 2, 1978) which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Linkous, seconded by Director Dailey, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Director Linkous, again seconded by Director Dailey, to further suspend the rules and place the Ordi- nance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The question of the passage of the Ordinance was at this time submitted to an Aye and No Vote, which resulted as follows: Ayes - Directors Keith, Dailey Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. The Ordinance was then declared PASSED. A Public Hearing had been scheduled for this time and place to hear arguments on an Appeal of the Planning Commission's denial on February 28, 1978 of Zoning Petition No. Z -3191, submitted by Mr. and Mrs. C. W. Brockwell, requesting the rezoning of property at 9811 Geyer Springs Road, described as Lot 172, Hoyts Replat of Tract A, McClellan Place Subdivision, from "D" Apartment District to "E -1" Quiet Business District. The Public Hearing was declared open and there was.no opposition presented to the rezoning. Mr. Don R. Venhaus, representing the petitioners, presented the land use pattern of the area and explained the issues, stating there were no public service implications involved. Upon questi by Director Dailey, Mr. Venhaus advised that there would be no adverse effects on the property to the south. Director Castleman stated that a plan had not been developed for southwest Little Rock. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that the Planning Commission and Staff had both recommended denial and upon question by Director Linkous, stated that a mixed zoning pattern exists along Geyer Springs Road. Director Linkous commented that he felt "E -1" Quiet Business would be more desirable, but he is opposed to any further expansion encroaching upon the "A" Single - Family neighbor- hood. There was no further discussion, the Public Hearing was declared closed and an Ordinance to rezon the described property was placed on first reading. (See proposed Ordinance as follows) A proposed Ordinance was presented, entitled: AN ORDINANCE RECLASSIFYING 9811 GEYER SPRINGS ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; K MA JUNE 6, 1978, Cont'd. and after a first reading of the Ordinance, there was a motion from Director Linkous to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Keith and adopted by unanimous vote of the members of the Board of Directors present, being six in number and ' two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time followed by an ensuing motion that the rules again be suspended to allow for the third and final reading of the Ordinance at this time; with the motion being made by Director Linkous,. seconded by Director Castleman, and adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the thir and last time; after which there was an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Dailey, Linkous and Castleman - total 3; Noes - Director Keith, Mayor Mehlburger and Director Wellons - total 3; Absent - Director Jones - total 1. When it was stated that the Ordinance had failed, Director Keith made a motion that the suspension of the rules for the third and final reading of the proposed Ordinance and the roll call vote be expunged from the record, and that the Ordinance be left on the calendar for the third and final reading on June 20th. The motion was seconded by Director Wellons and was adopted by unanimous viva voce vote of the Board Members presen Therefore, the proposed Ordinance will be placed on the June 20th Agenda for third and final reading. ' An Appeal of the Planning Commission's denial on May 15, 1978 of Zoning Petition No. Z -3206, submitted by Don R. Venhaus, to rezone property on the north side of the 10,800 block west on Kanis Road to "F "Commercial District on Tracts 49, 50, 63 & 64 and "E -1" Quiet Business District on Tracts 51, 52, 61 & 62, all in West Highland Subdivision in Pulaski County, Arkansas. The Planning Commission recommended "E -1" Quiet Business District on the entire application. Director Linkous made a motion that a Public Hearing on the Appeal be scheduled for June 20, 1978 at 7:30 P. M. The motion was s by Director Castleman and was adopted by unanimous voice vote by members of the Board of Directors present. Therefore, the Public Hearing will be held at 7:30 o'clock P. M., June 20, 1978. At this time, there was presented Zoning Petition No. Z -3193 from Mr. Ben McMinn, Attorney, request- ing the rezoning of property on the north side of Rodney Parham Road, one block east of Reservoir Road, from "A" One- family District to "E -1" Quiet Business District. The Planning Commission approved the request on May 15, 1978, by a vote of 9 ayes, 0 noes and 2 absent. Director Keith again, called attent- ion to the need f6rright =6f- -way, and Mr. McMinn advised that his client would cooperate in deeding any needed right -of -way. There was no opposition presented and no further discussion and the proposed ' Ordinance was placed on first reading. (See proposed Ordinance following) There was a proposed Ordinance presented next, entitled: AN ORDINANCE RECLASSIFYING PROPERTY ON RODNEY PARHAM ROAD, CITY OF LITTLE ROCK, ARKANSAS,AAMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Director Wellons made a motion that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Linkous, and sub- mitted to the following roll call vote: Ayes - Directors Keith, Linkous and Wellons - total 3; Noes - Director Dailey, Mayor Mehlburger and Director Castleman - total 3; Absent - Director Jones - total-1. The suspension of the rules failed and the proposed Ordinance remained on the calendar for second reading. The next Zoning Petition to be considered was No. Z -3203, from Mr. John Flake, requesting the rezoning of property at the northeast corner of Fourche Dam Pike at the East Belt Freeway (see petition forr,,long legal description) to "F" Commercial District and "I" Light Industrial District. The request , was approved by the Planning Commission on May 15, 1978. There was no opposition to the rezoning proposal and the Ordinance to rezone the above property was placed on first reading. (See Ordinance No. 13,453 which follows) Ordinance No. 13,453 was presented, entitled: JUNE 6, 1978, Cont'd. AN ORDINANCE RECLASSIFYING PROPERTY ON FOURCHE DAM PIKE CITY OF LITTLE ROCK, ARKANSAS, AMENDING sequent motion from Director Dailey, again seconded by Director Linkous, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and.the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent.- Director Jones - total 1. The Ordinance was therefore, declared.PASSED. Zoning Petition No. Z -3204 was presented, having been submitted by action of the Planning Commissio for the purpose of rezoning property located between West 65th Street, the CRI &P Railroad and generally ' I -30 on the south and west, containing 84.6 acres (see petition for lengthy -legal description) to "I" Light Industrial District.. The petition was submitted by Mr. G. R. Vroman, who presented documents showing that the 80 ft. .right -of -way has been dedicated. Director Dailey requested the Staff to report back and clarify the right -of -way. The Planning Commission approved the request on May 15, 1978. There was no opposition to the request and an Ordinance to reclassify the- property.was presented for first reading. (See Ordinance No. 13,454 below) Ordinance No. 13,454 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTIES LYING ON WEST 65TH STREET IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE.CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and said Ordinance was read the first time; followed by a motion from Director Dailey, seconded by Director Linkous, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the - members of the,Board of Directors- elect;.and the Ordinance.was then read: -the second time. ' The rules were then suspended to allow for the third and final reading of the Ordinance at this time by a motion made and seconded,by Directors Linkous and Dailey, respectively, and unanimously adopted by the Board Members present, being six -in number and two- thirds or more of the members of the Board of Directors- elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and _ Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. The Ordinance was then declared PASSED. Next there was presented, Petition No. Z-3207-from Don R. Venhaus for the Danny Thomas Company, requesting the rezoning of property located at 6202 Baseline Road, (see petition for long legal description) from "A" One- family District to "E -1" Quiet Business District and "F" Commercial Districts. The Planning Commission approved the request on May 15, 1978, and with no opposition, the proposed Ordinance was placed on first reading. (See Ordinance.No. 13,455) There was presented Ordinance No. 13,455, described as: AN ORDINANCE RECLASSIFYING PROPERTY AT 6202 BASELINE ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Linkous, seconded-by Director Keith, which was adopted 1111111 by unanimous vote of the Board Members present, being six in number and two - thirds or more of the member bill! SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF.LITTLE ROCK, ARKANSAS,. AND FOR.OTHER PURPOSES; ' and there .was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by a motion -from Director Dailey, seconded by Director Linkous, which was adopted by unanimous -vote of the.Board Members present, being six in number and two - thirds or more of the membe of the Board of Directors - elect. The Ordinance was read the second time;.after which there was a sub- sequent motion from Director Dailey, again seconded by Director Linkous, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously adopted by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and.the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent.- Director Jones - total 1. The Ordinance was therefore, declared.PASSED. Zoning Petition No. Z -3204 was presented, having been submitted by action of the Planning Commissio for the purpose of rezoning property located between West 65th Street, the CRI &P Railroad and generally ' I -30 on the south and west, containing 84.6 acres (see petition for lengthy -legal description) to "I" Light Industrial District.. The petition was submitted by Mr. G. R. Vroman, who presented documents showing that the 80 ft. .right -of -way has been dedicated. Director Dailey requested the Staff to report back and clarify the right -of -way. The Planning Commission approved the request on May 15, 1978. There was no opposition to the request and an Ordinance to reclassify the- property.was presented for first reading. (See Ordinance No. 13,454 below) Ordinance No. 13,454 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTIES LYING ON WEST 65TH STREET IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE.CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and said Ordinance was read the first time; followed by a motion from Director Dailey, seconded by Director Linkous, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the - members of the,Board of Directors- elect;.and the Ordinance.was then read: -the second time. ' The rules were then suspended to allow for the third and final reading of the Ordinance at this time by a motion made and seconded,by Directors Linkous and Dailey, respectively, and unanimously adopted by the Board Members present, being six -in number and two- thirds or more of the members of the Board of Directors- elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and _ Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. The Ordinance was then declared PASSED. Next there was presented, Petition No. Z-3207-from Don R. Venhaus for the Danny Thomas Company, requesting the rezoning of property located at 6202 Baseline Road, (see petition for long legal description) from "A" One- family District to "E -1" Quiet Business District and "F" Commercial Districts. The Planning Commission approved the request on May 15, 1978, and with no opposition, the proposed Ordinance was placed on first reading. (See Ordinance.No. 13,455) There was presented Ordinance No. 13,455, described as: AN ORDINANCE RECLASSIFYING PROPERTY AT 6202 BASELINE ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Linkous, seconded-by Director Keith, which was adopted 1111111 by unanimous vote of the Board Members present, being six in number and two - thirds or more of the member bill! JUNE 6, 1978, Cont.'d. of the Board of Directors - elect. The Ordinance was read the second time; after which there was a subsequent motion from Director Linkous, seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None,; Absent - Director Jones - total 1. It was announced by the Mayor that the Ordinance had PASSED. The next Zoning Petition was No. Z -3208 from Mrs. Jean F. Hoffman, requesting the rezoning of the South side of Hoffman Road in the 4600 Block West, from "A" One- family and "D" Apartment Districts to "I" Light Industrial District. The Planning Commission approved the application on May 15, 1978 by a vote of 6 ayes, 3 noes and 2 absent. It was pointed out that Hoffman Road is a residential collector street and will require a five foot additional right -of -way dedication. In response to Director Castleman, City Manager Carleton McMullin said the Staff will take care of the right -of -way requirements No opposition was presented and the proposed Ordinance to reclassify the above described property was placed on first reading. (See proposed Ordinance following) A proposed Ordinance was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY AT 4615 HOFFMAN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was made by Director Wellons to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Linkous, and submitted to a roll call vote with the following results: Ayes - Directors Dailey, Linkous and Wellons total 3; Noes - Director Keith, Mayor Mehlburger and Director Castleman - total 3; Absent - Director Jones - total 1. With the suspension of the rules having failed, the proposed Ordinance was left on the calendar for second reading on June 20, 1978. , The last Zoning Petition No. Z -3209 to be considered was submitted by Mr. J. E. Hathaway, Jr., by action of the.Planning Commission on May 15, 1978, for the purpose. ^of rezoning property on the south side of the 11,000 Block West on Hermitage Road, to "E -1" Quiet Business District. Director Keith directed attention to the right -of -way issue and Mr. Nathaniel Griffin, Director of Comprehensive Planning advised there is no needed right -of -way at this time. Mr. Hathaway advised there is a Plat which calls for additional street dedication as needed. There was no opposition presented to the zoning proposal and an Ordinance to reclassify the property was presented for first reading. (See Ordinance No. 13,456) Ordinance No. 13,456 was presented, entitled: N) OL AN ORDINANCE RECLASSIFYING THE 1100 BLOCK WEST ON HERMITAGE ROAD IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and said Ordinance was read the first time; followed by a motion from Director Linkous, seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on its second reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. The rules were then suspended to allow for the third and final reading of the Ordinance at this time '. by a motion made and seconded by Directors Dailey and Keith, respectively, and unanimously adopted by Jthe Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director j � JUNE 6, 1978, Cont'd. i I' i Jones - total 1. The Ordinance was then declared to have been PASSED. At this time, Director Wellons made a statement that he is uncomfortable with acquiring right -of- ' way before approving zoning requests. He added, "I think the .public should know there is no legal way we can acquire right -of -way dedications before approving rezoning requests, and this procedure is 'blackmail. "' Director Keith responded with, "that is the time the wealth is needed and to me, it is the proper time to acquire right -of -way, because zoning creates traffic problems." There were no i further comments on the subject. A proposed Ordinance was presented, entitled: I AN ORDINANCE AUTHORIZING THE ISSUANCE OF TOURISM REVENUE BONDS UNDER ACT NO. 380 OF THE REGULAR SESSION OF THE SIXTY - EIGHTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED MARCH 24, 1971, AS i AMENDED, FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING OF THE COSTS OF SECURING AND DEVELOPING TOURISM INDUSTRY (THE PARTICULAR PROJECT IS DESCRIBED IN THE ORDINANCE);. AUTHORIZING THE EXECUTION AND DELIVERY OF,A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE i ACQUISITION, CONSTRUCTION AND EQUIPMENT OF THE TOURISM PROJECT AND THE FINANCING THEREOF; AND DECLARING AN � EMERGENCY ; ($2,400,000 - Sheraton Motor Inn) and there was a first reading of the Ordinance. Mr. John Selig, Attorney, explained the purpose of the issuance of the bonds and stated that the City has no liability, monetary or otherwise. All the City is being asked to do is actively assist in promoting tourism, by authorizing the issuance of the bonds to j • acquire and remodel the Sheraton Motor Inn. The bonds will be repaid over a 20 {,year period and the facility will be leased to a private business corporation for a lease rental sufficient to amortize the bonds. At the end of the lease the corporation would have the4optlon to acquire the hotel. After discuss; ion, the proposed Ordinance was left on the calendar for second reading on June 20, 1978. In connection with the proposed Ordinance above, the following proposed Ordinance was presented, containing the following title: AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR AND LRSMI CORPORATION, AS LESSEE, IN SUBSTANTIALLY THE FORM AND WITH THE CONTENTS SET FORTH AND MADE A PART OF THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT; PRESCRIBING OTHER°MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; ' (Sheraton Motor Inn) r and the Ordinance was read the first time. There was no mention of the suspension of the rules and the proposed Ordinance was left on the calendar for second reading on June 20, 1978. Presented at this time was Ordinance No. 13,457, with the title being: AN ORDINANCE APPROPRIATING GENERAL OBLIGATION BOND ISSUE FUNDS FOR WAR MEMORIAL.PARK AND THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES; ($175,000 appropriated for War Memorial Park; and $250,000 appropriated for the Zoo) i which Ordinance was read the first time. The rules were then suspended to allow for the second reading i of�the Ordinance by a motion made by Director Linkous, seconded by Director Castleman, and unanimously adopted by the Board Membdirs present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was .a second reading of the Ordinance, followed by a motion from Director Dailey, seconded by Director Castleman, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, i ' being six in number and two- thirds or more of the members of the Board of Directors - elect; and the Ordi- nance was then read the third and last time. The question of the passage of the Ordinance was at this time, submitted to an Aye and No Vote, which resulted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman_- total 6; Noes - None; Absent - Director 1 Jones - total 1. The Ordinance was therefore, declared PASSED. JUNE 6, 1978, Cont'd. Ordinance No. 13,458 was next presented, described as: AN ORDINANCE APPROPRIATING GENERAL OBLIGATION BOND ISSUE FUNDS FOR AERIAL PHOTOGRAPHY AND MAPPING OF CERTAIN CITY PARKS; AND FOR OTHER PURPOSES; , ($14,366.00) and there was a first reading of the Ordinance. A motion was then made by Director Linkous, seconded by Director Castleman, for a suspension of the rules to provide for the second reading of the Ordinance; which motion was unanimously adopted by the Board Members present, being six in number-and two - thirds or more of the members of the Board of Directors - elect. After the second reading of the Ordinance, there was a subsequent motion by Director Dailey, seconded by Director Castleman, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, and the Ordinance was read the third -and last time. The resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directo Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and.Castleman - total 6; Noes - None; Absent - Director Jones - total 1. It was announced that the Ordinance had PASSED. Introduced next was Ordinance No. 13,459, entitled: AN ORDINANCE APPROPRIATING STREET FUNDS FOR HUGHES STREET IMPROVEMENTS; AND FOR OTHER PURPOSES; ' ($16,637.00) and after a first reading of the Ordinance, there was a motion from Director Linkous, seconded by Director Castleman, that the rules be suspended and the Ordinance be placed on its second reading. The motion received unanimous adoption by the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance followed. There was an ensuing motion then made and seconded by Directors Dailey and Castleman, respectively, for a further suspension of the rules to provide for the third and final reading of the Ordinance; which motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon third and last reading of the Ordinance, the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. Whereupon, the Ordinance was declared PASSED. There was a proposed Ordinance presented, with the title being: AN ORDINANCE CITED AS THE LANDSCAPE ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS; ' and the Ordinance was read the second time, having been read the first time on May 16, 1978. A Position Statement prepared by the Home Builders Association of Greater Little Rock was read by Mr. Bruce Blackall, Executive Vice President., The opposition of the Home Builders Association to the proposed Ordinance is predicated on two main areas of concern. One is the added cost that implement- ation of the Ordinance will impose on the multi - family sector of the industry. The other area of opposition concerns certain technical deficiencies in the Ordinance, particularly as they relate to the confusing text and vagaries in language that appear throughout the document. Mr. Blackall stated that comments from the Housing and Urban Development should be solicited before any decision is made on the practicality of this proposed Ordinance. He further asked that all housing elements be removed from the provisions of the proposed Ordinance. In closing, he stated the Home Builders stand is general opposition to the entire Ordinance. There was no further discussion, and the proposed Ordinance remained on the calendar for third and final reading. The next presentation was Resolution No. 5,949, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR HOSPITALIZATION INSURANCE FOR ' CITY EMPLOYEES; AND FOR OTHER PURPOSES; (Agreements with American National Insurance Company of Galveston, Texas to be serviced through the Arkansas Municipal League) 5'79 JUNE 6, 1978, Cont'd. and said Resolution was read in full. A motion was made by Director Keith, seconded by Director Castle - main, for adoption of the Resolution and submitted to a roll call vote whereby the Resolution was adopted ' as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones total 1. Resolution No. 5,950 was presented, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO.A CONTRACT WITH WITTENBERG, DELONY AND DAVIDSON, ARCHITECTS, FOR PROFESSIONAL DESIGN SERVICES IN CONNECTION WITH THE LITTLE ROCK RIVERFRONT PROJECT; AND FOR OTHER PURPOSES; I which Resolution was read in full; and thereafter adopted upon motion of Director Dailey, seconded by Ayes Directors Keith, Dailey, Mayor Mehlburger, Director Linkous, and by the following roll call vote: - Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. Presented for consideration next was Resolution No. 5,951, containing the following title: A RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT FOR SERVICES OUTSIDE THE CORPORATE LIMITS; AND FOR OTHER PURPOSES; (Aff3:liated Food Stores) with a full reading of the Resolution following. There was a motion then made by Director Dailey, seconded by Director Wellons, which resulted in a roll call vote and the Resolution was adopted as ' herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones.- total 1. A proposed Ordinance was presented next, described as: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 13 OF THE CODE OF ORDINANCES TO PROVIDE A NEW SECTION. 13 -13.1 PERTAINING TO.FIRE FIGHTING OUTSIDE THE CORPORATE LIMITS;.AND FOR OTHER PURPOSES; (Providing that fire protection begin on the 6th working day after an annexation petition is filed with the County Clerk) and the proposed Ordinance was read the first time. Mr. David Moore, a resident of the Pleasant View Subdivision urged the passage of the proposal, as did Director Dailey, who stated "as a matter of good faith for those who are exercising a real good effort to be a part of the City." Director Wellons offered the following amendment to'the proposal: "that this Ordinance stipulate that fire protection begins on the day after the Judge signs the Petition (Court Order) ", adding, "keep in mind it will be twi years before we receive any taxes from the properties." Director Keith seconded the motion which was submitted to the following roll call vote: Ayes - Director Keith, Mayor Mehlburger and Director Wellons - total 3; Noes - Directors Dailey, Linkous and Castleman - total 3; Absent - Director Jones - total 1. The amendment by Director Wellons having failed, a subsequent motion was made by Director Linkous, seconded by Director Castleman, to suspend the rules and place the proposed Ordinance on second reading. A roll call was taken on the suspension of the rules with the following results: Ayes - Directors Dailey, Linkous and Castleman - total 3;. Noes - Director Keith, Mayor Mehlburger and Director Wellons - total 3; Absent - Director Jones - total 1. Therefore, the proposed Ordinance remained on the calendar for second reading. Resolution No. 5,952 was the next presentation, entitled: A RESOLUTION AMENDING SECTION 5 OF RESOLUTION NO. 5,858; AND FOR OTHER PURPOSES; (Re: Islands of land created by annexation) and the Resolution was read in its entirety. A motion was then made by Director Keith and seconded by Director Wellons, which led to adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Wellons and Castleman - total 5; Noes - Director I Linkous - total 1; Absent - Director Jones - total 1. � II� JUNE 6, 1978, Cont'd. The last Resolution to be considered was Resolution No. 5,953, with the title being: A RESOLUTION SUPPORTING THE HIGHWAY 10 ANNEXATION PETITION NOW PENDING BEFORE THE PULASKI COUNTY COURT; AND FOR OTHER PURPOSES; ' and after a complete reading of the Resolution, there was a motion by Director Wellons that the Resolutio„ be adopted. The motion was seconded by Director Dailey and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. Under Routine Business Matters, City Manager Carleton McMullin explained the Animal,Control Program contained in the Budget. He said the intent of the program is (1) the control of rabies; and (2) the enforcement of the leash law adding, that it does involve the distribution of literature on public education and public information. He advised that the Staff is prepared to carry out the program. Director Keith commented that "if the program is directed toward the enforcement of the leash law, then I certainly would go along with it." There was no further discussion. Director Linkous told the Board of Directors that it had been brought to his attention that the City Collector's Office will not accept money for the licensing of dogs, and asked, "why is the City Collector's Office not capable of accepting these fees ?" City Manager Carleton McMullin advised that , vaccination is tied to licensing and that he would like to see a change in the Ordinance, suggesting that he bring some recommendations to the Board. Director Keith mentioned a prolific growth of stop signs around the City and several having been placed on dead end streets. City Manager Carleton McMullin reminded that the Board of Directors approved an application for a grant through the Highway Safety Action Program for this project, which was approved. He advised that the Department of Community Services will eliminate the signs that are not needed. Under Citizen Communications, Mrs. Barbara Prior representing owners of property at 24th and Dorchester Streets in the Meadowlark Subdivision protested to the Board of Directors that prefabricated homes that look like mobile homes are being hauled from Hope, Arkansas and placed on a five -acre tract between Meadowlark and Parkwood Subdivisions, which are not compatible with the neighborhood. She presented pictures of the buildings, some of which have already been issued building permits. The citizens asked the Board to declare a moratorium on putting more of this type construction in the neighborhood. Apparently, the buildings have met the Codes of the City. Director Keith suggested that ' Water Service be withheld until the matter is resolved, while Director Linkous recommended checking the Bill of Assurance. Upon question by the Board, City Attorney Joseph Kemp said he doubted the buildings could be stopped unless some zoning law had been violated. Mayor Mehlburger asked that the Staff provide more information on City Codes, the Plat and name of the Developer of the project. The Board Members decided to recess the meeting pending this information. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Keith, seconded by Director Dailey, and by unanimous vote of the Board Members present, the Board of Directors recessed at 10:40 o'clock P. M., subject to call. ATTEST: APPROVED: City Clerk Mayor I) ' J 581 Board of Directors Chamber Little Rock, Arkansas June 20, 1978 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the June 6, 1978 Meeting with Vice Mayor Dailey presiding and Jane Czech, City Clerk and the following Directors present: Diiiectors Keith, Linkous, Wellons, Castleman and Jones - total 5; Absent - Mayor Donald Mehlburger - total 1. Vice Mayor Dailey announced there was no business to come before the meeting, and upon motion by Director Keith, seconded by Director Linkous, and by unanimous voice vote of the'Members present, the Board of Directors adjourned to meet in regular session. Board of Directors Chamber Little Rock, Arkansas June 20, 1978 - 7:35 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice Mayor Dailey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Linkous, Wellons, Castleman and Jones - total 5; Absent - Mayor Donald Mehlburger - total 1. A quorum was declared to be present, and the meeting then proceeded as herein described: The Invocation was given by Director Castleman: The Consent Agenda was presented first, and consisted of the following items: (a) The reading of the Minutes of the previous meeting held on June 6, 1978. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of April, 1978. (c) Resolution No. 5,954, entitled: A RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT FOR CONSTRUCTION OF STREETS, STORM DRAINAGE AND OTHER SITE IMPROVEMENTS IN THE OAK FOREST AREA; AWARDING A CONTRACT FOR THE ' PURCHASE OF CRUSHED STONE; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT, AND FOR OTHER PURPOSES. (d) Resolution No. 5,955, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO MEMORANDUM OF AGREEMENT WITH THE ARKANSAS STATE HIGHWAY DEPARTMENT AND THE TRANSPORTATION DEPARTMENT FOR THE PURPOSE OF PRESERVING THE CONRAD HOUSE THROUGH THE CITY'S REHABILITATION PROGRAM; AND FOR OTHER PURPOSES. (e) Resolution No. 5,956, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDED AGREEMENT WITH PUBLIC TECHNOLOGY, INC.; AND FOR OTHER PURPOSES. By a motion from Director Linkous, seconded by Director Keith and unanimously adopted by the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the previous melting were approved as written and summarized to the members of the Board of Directors; (b) The CoImparative Statement was received and filed; and (c, d & e) Resolutions No 5,954, 5,955 and 5,956 were read in full and adopted by the following roll call vote: Ayes - Director Keith, Vice Mayor Dailey, ' Absent Mayor Mehlburger Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; - - to I II Ft- JUNE 20, 1978, Cont'd. There was a proposed Resolution presented, entitled: A RESOLUTION ESTABLISHING ADMISSION FEES FOR THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES; with a full reading of the Resolution following. There was a motion then made by Director Jones, second- ' ed by Vice Mayor Dailey, to "table the Resolution ", and the results of the roll call, vote are herein recorded: Ayes - Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 4; Noes - Directors Keith and Wellons - total 2; Absent - Mayor Mehlburger - total 1. The'Resolution was therefore, TABLED and Director Linkous reminded that five votes would be necessary to remove the Resolution from the table. Another proposed Resolution was presented, which contained the following title: A RESOLUTION REQUESTING THE DIRECTOR OF THE LITTLE ROCK ZOO TO PREPARE A REPORT ON THE POSSIBIL OF CONCESSION EXPANSION AT THE LITTLE ROCK ZOO; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. A motion was made by Director Wellons, and seconded by Director Jones, that the proposed Resolution be tabled. A roll call vote was taken on the motion and the Resolution was TABLED by the following results: Ayes - Vice Mayor Dailey, Directors Linkous, Wellons Castleman and Jones - total 5; Noes - Director Keith - total 1. Absent - Mayor Mehlburger - total 1. Ordinance No. 13,460 was presented next and contains the following title: AN ORDINANCE RECLASSIFYING 9811 GEYER SPRINGS ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; ' (Z- 3191 - Lot 172,.Hoyts Replat of.Tract A, McClellan Place Subdivision, from "D" Apartment District to "E -1" Quiet Business District) and the Ordinance was read the third and last time (See Minute Record A -5, Page 573 for first and second readings). Mr. Don R. Venhaus, Consultant for the petitioners, Mr. and Mrs. C. W. Brockwell, reviewed the zoning in the surrounding area. Upon question by Director Jones, he stated there was no way the requested zoning could be allowed on a temporary basis. Mr. Nathaniel Griffin, Director of Comprehensive Planning, pointed out that the Planning Commission vote was a decisive one (7 -1) and that there are no commitments to commercial zoning in this area. He further commented that the property is properly zoned and recommended that the present zoning be maintained. In answer to Director Linkous, Mr. Griffin said a precedent will be set if the property is rezoned and that he foresees no further expansion to the South. Director Keith felt that if the decision of the Planning Commission is over - ruled, "a horrible precedent willebe set." Director Linkous advised that the petitioners were not heard before the Plann- ing Commission and Director Wellons stated that he was not aware of this and, "after looking at the property, I am going to vote for the citizens." Director Castleman said it was his opinion that the ' property is best suited for "E -1" Quiet Business Zoning. Director Jones commented that the Planning Commission approved some other petitions she felt far less valid. There was no further discussion and the question of the passage of the Ordinance was then submitted to an Aye and No Vote, which resulted as follows: Ayes - Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 5; Noes Director Keith - total 1; Absent - Mayor Mehlburger - total 1. Whereupon, the Ordinance was declared PASSED. A Public Hearing had been scheduled for this time and place to hear arguments on an Appeal of the Planning Commission's denial on May 15, 1978 of Zoning Petition No. Z -3206, submitted by Mr. Don R. Venhaus, for seven property owners, requesting the rezoning of property in the 10,800 Block West on Kanis Road, City of Little Rock,'Arkansas, from "A" One - family District to "F" Commercial on Tracts 49, 50, 63 & 64, and "E -1" Quiet Business District on Tracts 51, 52, 61 & 62, all in West Highland Sub- division, an Addition in Pulaski County, Arkansas. The Planning Commission approved "E -1" Quiet Business District on the entire application. An Ordinance was. placed on the Agenda to rezone the property as ' requested by the.petitioner; and, another to rezone the property as approved by the Planning Commission. Vice Mayor Dailey declared the Public Hearing to be open. There was no one present to speak in opposit- ion, but a discussion ensued in which Mr. Venhaus presented a development plan and outlined aspects of the application, advising there is no impact on public facilities and that all utilities are available. X583 JUNE 20, 1978, Cont'd. He further stated there were no objectors to the nine ,acre tract proposed for "F" Commercial District. Upon question by Director Jones, Mr. Vefihaus stated that he would be agreeable to the filing of restrict- , ive covenants. There was no further discussion and the Public Hearing was declared closed. (See propose Ordinance as follows) A proposed Ordinance was presented, with the title being: AN ORDINANCE RECLASSIFYING THE 10,800 BLOCK WEST ON KANIS ROAD, CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; - - ( "E -l" Quiet Business only) with the Ordinance being read the first time °, followed by a motion from Director Wellons to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Castleman and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. A motion was made at this time by Director Linkous to amend the proposed Ordinance to include the nine acres as "F" Commercial District. The motion failed for lack of a second. Director Wellons offered a motion'to defer the proposed Ordinance until the next meeting and invite Mr. Venhaus to the Agenda Meeting for any further discussion. This motion also, ' failed for lack of a second. The Ordinance was then read the second time, followed by a motion from Director Keith and seconded by Director Jones to suspend the rules and place the Ordinance on third and final reading. A roll call was taken on the suspension of the rules with the following results: Ayes - Directors Keith4.and Jones - total 2; Noes - Vice Mayor Dailey, Directors Linkous, Wellons and Castleman total 4; Absent - Mayor Mehlburger - total 1. Therefore, the Ordinance remained on the calendar for third reading. Introduced at this time was Ordinance No. 13,461, described as: AN ORDINANCE RECLASSIFYING PROPERTY ON RODNEY PARHAM ROAD, CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on June 6, 1978 (See Minute Record No. A -5, Page 574). Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that the right -of -way issue had been clarified. There was a subsequent motion from Director Keith, seconded by Director Jones, that the rules be suspended and the Ordinance be placed on its third and final reading. ' The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was.then read the third and last time. The resulting Aye-and No Vote taken on the passage of the Ordinance received the following response: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total I. The Ordinance was therefore, declared PASSED. There was presented Ordinance No. 13,462, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY AT 4615 HOFFMAN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; (From "A" One- family District and "D" Apartment District to "I" Light Industrial District, less and except the West 120 ft, thereof to be "D" Apartment.) with there being a second reading of the Ordinance. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that the dedication of right -of -way would be filed by the end of the week. The rules were then suspended to allow for the third and final reading of the Ordinance "at this time by a-motion made and seconded by Directors Keith and Linkous, respectively, and unanimously adopted by the Board . Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect. There was a third and last reading of the Ordinance; after which an Aye and No Vote taken.on the passage of the Ordinance received the following response: Ayes - Director Keith, Vice Mayor Dailey, it ,I JUNE 20. 1978. Cont'd. Directors Linkous, Wellons and Castleman - total 5; Noes - Director Jones - total 1; Absent - Mayor Mehlburger - total 1. It was announced that the Ordinance had PASSED. The following Zoning Petitions were presented next: ' Z -3217 - From Cecil C. Jones, for Metropolitan National Bank to rezone 6710 South University Avenue, described as all of Lot 4 of A. W. Taylor's Subdivision, less and except the west 375 ft. thereof and except that portion lying within University Avenue Right -of -Way, from "A" One- family District to "F" Commercial District, as approved by the Planning Commission on May 23, 1978. Z- 2328 -A - From Mr. G. R. Vroman for Mrs. T. L. Gosser to dezone the west side of Geyer Springs Road one block south of Forbing Road, described as Lots 1 & 2, Gosser Replat of Tract "6 ", Home Acres Addition, from "I" Light Industrial District to "F" Commercial District, and approved by the Planning Commission on May 23, 1978. As the foregoing petitions had received the approval of the Planning Commission and there was no one present in opposition to the proposed rezoning, an Ordinance to reclassify these properties was placed on first reading. (See Ordinance No. 13,463, as follows) Ordinance No. 13,463 was presented, containing the following title: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; , which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Wellons, seconded by Director Castleman, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Dire Castleman, and seconded by Director Jones, to further suspend the rules and place the Ordinance on its third and final reading. The motion was adopted.by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The question of the passage of the Ordinance was at this time, submitted to an Aye and No Vote, which resulted as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. The Ordinance was then declared to have PASSED. Presented at this time was the Petition of James A. Huff, H. E. & L. Investment Corporation and the Arkansas State Highway Department, to vacate and close that part.of 30th Street (formerly 29th , Street) beginning in the west at a line between the Northwest corner of the East Half of Lot 31 of the Mary Ann Addition as recorded in Plat Book 1 at Page 75 and the Southwest corner of Lot 8 of the Mary Ann Addition as recorded in Plat Book 1 at Page 75 and continuing to Rock Street; and, that part of Rock Street bordering Lot 38 of the Mary Ann Addition as recorded in Plat Book 1 at Page 75, 30th Street (formerly 29th Street), and part of Lot 1 of the Mary Ann Addition as recorded in Plat Book 1 at Page 75. Accompanying the petition were a letter from the Little Rock Abstract Company certifying to the abutting property owners, and a certified copy of the plat of Mary Ann Addition, Quapaw Addition and Biddle Additio to the,City of Little Rock, as recorded in the office of the Pulaski County Circuit Clerk's Office. The petition received the approval of the Planning Commission. (See Resolution No. 5,957,, as follows, which sets the date of Public Hearing for July 18, 1978 at 7:30 o'clock P. M.) Resolution No. 5,957 was presented, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE PARTS OF ROCK AND 30TH STREETS BORDERING AND WITHIN THE MARY ANN, BIDDLE, AND QUAPAW ADDITIONS TO THE CITY OF LITTLE ROCK, ARKANSAS; ' and a complete reading of the Resolution followed. There was a motion _then made by Director Linkous, seconded by Director Castleman, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. - - - - - - _ LI JUNE 20, 1978, Cont'd. The next presentation was Ordinance'No. 13,464, described as: 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; (River Mountain Park - 488.67 Acres, more or less) with the Ordinance being read the first time, followed by a motion.from Director Linkous to suspend the rules and place the Ordinance,on its - second reading. The motion was seconded by Director Wellons and adopted by unanimous vote of the Board Members present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by.a motion made and seconded by Directors Linkous and Wellons, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. Accordingly, the Ordinance was declared PASSED. - The following proposed Ordinance -had been placed on the Official Agenda, with the following title being: AN ORDINANCE AUTHORIZING THE ISSUANCE OF TOURISM REVENUE BONDS UNDER ACT NO. 380 OF THE REGULAR SESSION OF THE SIXTY - EIGHTH GENERAL ASSEMBLY- OF.THE.STATE OF ARKANSAS; APPROVED MARCH 24, 1971, AS AMENDED, FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING OF THE COSTS-OF SECURING AND DEVELOPING TOURISM INDUSTRY (THE PARTICULAR PROJECT. IS DESCRIBED IN THE ORDINANCE); AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE.BONDS;.AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF THE TOURISM PROJECT AND THE FINANCING THEREOF; AND DECLARING AN EMERGENCY; The proposed Ordinance -was read the first time on June 6, 1978. There was no action taken on the proposal at this-time, and the Ordinance remained on the calendar for second reading. - In conjunction with the Ordinance above, the following proposed Ordinance also, appeared on the . Official Agenda:. - AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT.BY AND:BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR AND LRSMI CORPORATION, AS LESSEE IN SUBSTANTIALLY THE FORM AND WITH THE CONTENTS SET.FORTH AND MADE A PART OF THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT; PRESCRIB,, ING OTHER MATTERS RELATING- THERETO;,.AND DECLARING AN EMERGENCY; the proposed Ordinance was read.the first time on June 6, 1978.. No action was.taken.and the Ordinance remained on the calendar for second reading. :The next item to be considered..was.Ordinance.No. 13.,465, entitled: - AN ORDINANCE AMENDING SECTION 21 -13.1 OF-THE CODE -OF ORDINANCES; AND FOR OTHER PURPOSES;_ (Privilege License - Bowling Alleys -and. Automobile.and.Truck Dealers) . with said. Ordinance being read'the,first.time. There was.a motion which followed from Director Wellons, seconded by Director Jones, to suspend the rules to provide for.the.second reading of the Ordinance; with the motion being unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of-the Board of Directors- elect. There was a second reading of the Ordinance;.after which there was a subsequent motion by Director Linkous, seconded by Director Jones, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by.unanimous ' vote of the Board Members present, being six in number and two- thirds or more of the members of -the Board of Directors - elect; and the Ordinance was then read the third and last time. An Aye and No.Vote,was then taken on the passage of the ".Ordinance, and the resulting Vote is described as..follows: Ayes - Vice Mayor Dailey, Directors Linkous, Wellons and Jones .- '.total 4; •Noes - Director Keith- .total 1; . Abstaining - Director Castleman - total 1; Absent - Mayor Mehlburger - .total 1. Whereupon,.the i I 585 J� 7JUNE0, 1978, Cont'd. Ordinance was declared PASSED. Ordinance No. 13,466 was presented, described as:_ ,. AN ORDINANCE APPROPRIATING FUNDS FOR IMPROVEMENTS TO RESERVOIR PARK; AND FOR OTHER PURPOSES; ' ($30,000 - 1977 Capitol Improvement Bond Funds) with there being a first reading of the Ordinance. .There was a motion at this time from Director Wellons seconded by Director Castleman,-to suspend.the rules and place the Ordinance on its second reading. The motion having been unanimously adopted by the -Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect,,the Ordinance.was read the second time. The rules were then suspended for the third and .final reading.of the.Ordinance by a motion made and seconded by Directors Linkous and Jones, respectively,.and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors- elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordi- nance, which resulted as herein described:, _Ayes - ..Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and.Jones -- total 6; Noes - None; Absent - .Mayor,.Mehlburger - total 1.; It was announced that the Ordinance had PASSED. The next matter to be considered was Ordinance No. 13,467, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR THE HUGHES STREET IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES; ($14,500.00) with the Ordinance.being read the first time; after which, there.was.a motion from Director Wellons; i seconded by Director Castleman for a suspension of the rules to provide for the second reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being six in number and.two- thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second, time. There was a subsequent suspension of the rules and the Ordinance was placed on its third and final reading by a motion made by Director Linkous and seconded by Director . Jones, which was.unanimously adopted by the,Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance which received the following response: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent. - Mayor Mehlburger - total. 1. An announcement was made.that the Ordinance had PASSED. ' Ordinance No. 13,468 was next presented, described as: A AN ORDINANCE APPROPRIATING FUNDS AS AN ADVANCE OF COSTS FOR RELOCATION OF A PORTION.OF THE CITY'S FIRE ALARM SYSTEM NECESSITATED BY CONSTRUCTION WORK ON 1 -630,; AND FOR.OTHER PURPOSES; ($70,000.00) which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Wellons, seconded by Director Castleman, and unanimously adopted by the Board Members present, being six in number.and two- thirds or more of.the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion from Director Linkous, and seconded by Director Jones, to suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote.of the Board Members present, being six in number and two - thirds -or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last.time. The question.of the passage.of the Ordinance,was at this time submitted to an Aye and No Vote, which resulted as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - .total 6; Noes - None; Absent.- Mayor,_Mehlburger total 1. The Ordinance was therefore, declared PASSED. The next presentation was Ordinance No. 13,469, with.the title being: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 13 OF THE CODE OF ORDINANCES TO PROVIDE A NEW SECTION 13 -13.1 PERTAINING TO FIRE FIGHTING OUTSIDE THE CORPORATE LIMITS; AND FOR OTHER PURPOSES; JUNE 20, 1978, Cont'd. and there was a second reading of the Ordinance, having been read the first time on June 6, 1978. Director Wellons'made a motion that the Ordinance be amended as follows: "The City of Little Rock will ' offer fire protection service to land areas included -in voluntary petitions to annex such lands to the said City filed in the County Court of Pulaski County on the'day following the date the County Court approves said petition by the entry of an order of the Court to such effect. Provided, however, this commitment to provide fire protection is conditioned upon the City receiving written notice of the hearing to be held by the County Court on said petition not less than fifteen days prior to the date of such hearing, and upon receipt of a copy of the Order of the County Court approving such annexation on the date the said Order is entered. -In the event a suit is filed in Circuit. Court challenging the annexation, fire service will cease, pending the decision of the Court." The motion was seconded by Director'Linkous and adopted by the following roll call vote: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. There was a subsequent motion from Director Linkous that the Ordinance, as amended, be placed on third and final reading. The motion was seconded by Director Wellons and adopted -by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance, as amended, was then read the third and last time followed by an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. It was announced that the Ordinance, as amended, had been PASSED. Ordinance No. 13,470 was introduced at this time, with the title being: AN ORDINANCE AMENDING CERTAIN SECTIONS OF ARTICLE IV OF THE -CODE OF ORDINANCES PERTAINING TO DOGS; AND FOR OTHER PURPOSES; and after a.first - reading of the Ordinance, there was motion from Director Castleman'to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The.Ordinance was read the second time, followed by an ensuing motion that the rules again be suspended to allow for-the third and final reading of the Ordinance at this time, with the motion being made by.Director Keith, seconded by Director Wellons, and adopted by unanimous vote of .the Board Members present,.being six in number and ' two- thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time; after which there was an Aye and No Vote taken on the,.passage of the Ordinance which resulted as follows: Ayes - Director Keith, Vice Mayor Dailey,.Directors.Linkous, Wellons, Castle man and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. It was announced.that.the Ordinance had PASSED. Resolution No. 5,958 was presented, and entitled: A RESOLUTION ACCEPTING AN OFFER MADE BY GAYLAND KING AND HELEN KING.TO PURCHASE A TRACT OF LAND IN THE LITTLE ROCK PORT INDUSTRIAL PARK DISTRICT; AUTHORIZING THE MAYOR AND:CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF THE SAID.GAYLAND KING ANQ HELEN KING UPON PAYMENT OF THE TOTAL PURCHASE PRICE; AND FOR OTHER PURPOSES; (1.614 Acres in Area 201) and said Resolution was read in full.: There was.a.motion then made by Director Keith, seconded by . Director Castleman, that the Resolution be adopted...A roll.call was taken whereby the-Resolution was adopted by the following vote: Ayes - Director Keith, Vice Mayor.Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None;-.Absent - Mayor Mehlburger- total 1. —Atv JUNE 20, 1978, Cont'd. , Resolution No. 5,959 was presented, with the title being: A RESOLUTION APPOINTING A REPRESENTATIVE TO ATTEND A, MEETING OF THE PULASKI COUNTY., BOARD OF ., EQUALIZATION; AND FOR OTHER PURPOSES; _ (Mr. Jim Dailey appointed)___ which Resolution was read in.its entirety. A motion by Director Jones, seconded by Director Castleman, resulted in a roll call vote which adopted.,the Resolution as herein recorded: Ayes__- Director Keith, Vice Mayor Dailey„ Directors ,Linkous,.Wellons,.Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. Director Linkous,was.•excused, Introduced at this time,was,Ordinance No. 13,471, containing the.following _title: . AN ORDINANCE AMENDING THE HOUSING. ASSISTANCE PLAN, OF THE FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND,FOR OTHER PURPOSES; (adding 66 units of new,;rental, housing ,for_ the_ elderly) _ and after a first reading.of the Ordinance,.there was a motion from Director Keith that the rules be suspended and the Ordinance be.placed_on -its second reading. The motion was,,seconded.by Director, Wellons and unanimously adopted by the Board Members present, being five in number and two- thirds or more, of. the members of the Board of,Directors- elect; and.the second reading of the Ordinance followed. A motion was then made by Director Jones, seconded by Director Keith, for a suspension of the rules to provide for the third and final reading of the.Ordinance at this .time. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directo elect, and the third and last reading of the Ordinance ensued. The question of the passage of the Ordi- �pance was then submitted to an Aye and No Vote, which resulted as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Wellons, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Linkous - total 2: The Ordinance was declared PASSED. Director Linkous re- enrolled. The next presentation was Resolution No. 5,960, described as: A RESOLUTION GRANTING A FRANCHISE TO PEOPLES SAVINGS & LOAN ASSOCIATION TO PERMIT PLANTING OF TREES IN THE PUBLIC RIGHT OF WAY; AND FOR OTHER PURPOSES; (Between curb and sidewalk on the south side of East Third Street, east of Scott Street) with the Resolution being read in full and thereafter adopted upon motion of Director Castleman, seco by Director Wellons, and the following roll call vote: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons, Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. The final item to be considered was Resolution No. 5,961, which did not appear on the Official Agenda, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT AND LETTER OF AGREEMENT WITH METROPLAN FOR URBAN TRANSPORTATION PLANNING FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with there being a full reading of the Resolution; after which there was a motion by Director Jones, seconded by Director Castleman, for adoption of the Resolution. A roll call vote was then taken and the Resolution was adopted as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Wellons Castleman and Jones - total 6; Noes - None; Absent - Mayor Mehlburger - total 1. Under Citizen Communications, Mr. Frank Whitmore asked the Board if there is something that can be done to improve the condition of the streets at the corners of 9th Street on the Mills Freeway West, suggesting a resurfacing project. City Manager Carleton McMullin advised the Board of Directors that the City can respond to the condition of the streets, but that resurfacing of this area was not included in this year's Resurfacing Program. He pointed out that with the opening of I -630 from I -430 to Univers Avenue, traffic has greatly increased. V C 5K JUNE 20, 1978, Cont'd. Mrs. Freda Spyhalski of 11305 Gila Valley Drive was the next person to address the Board. She stated that her property backs -up to Rodney Parham Road where a three -story complex is under construct- ion. She further stated that the property owners had been verbally assured of a green strip by the Developers of the project, which has not transpired.- She presented slides which showed the proximity o her- iproperty line to the development. She requested assurance of a privacy fence or green strip to serve as a buffer. City Manager Carleton McMullin was requested to obtain the facts and determine if there are legal grounds to require the developers to provide the green strip or privacy fence. Mr. Charles Hanson, another property owner in Pleasant Valley, residing on Arkansas Valley Drive, told the Board he had attended the meeting to speak regarding Zoo Fees, but that he had the same experience that Mrs. Spyhalski described, with Charles Basham Developers. Mr. Nathaniel Griffin, Director of Comprehensive Planning suggested that he might propose a Replat. Mr. Lloyd Brothers of 5405 Larch Road, again presented his drainage problem to the Board Members. Mr. Mahlon Martin, Assistant City Manager presented a Report in which he advised that reconstruction of the entire drainage system would be more feasible, but that cost of labor and materials would be $17,500. He further explained that the existing policy on facilities annexed is to maintain them in the condition they are received, adding "we encourage making improvements by the formation of Improve- ment Districts." Mr. Brothers stated that the resident across the street would not grant a right -of- entry to clean out the ditch. Mr. Martin said an attempt would be made to negotiate and work with the property owner to improve the condition. There being no further business to be presented or to come before the meeting, Director Linkous made a motion thattthe meeting adjourn, and that due to the next regular meeting date of the Board of Directors being July 4th, a legal holiday, that the meeting date be changed to Wednesday, July 5th. The motion was seconded by Director Keith and by unanimous vote of the Board Members present, the l meeting was adjourned at 9:35 o'clock P. M., to meet again in regular session on Wednesday, July 5, 1978 at 7:30 o'clock P. M. ATTEST: (,� ( -t APPROVED: i City Clerk Vice Mayor 599 Board of Directors Chamber Little Rock, Arkansas July 5, 1978 - 7:30 P. M. , The Board of Directors.of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding,and City Clerk Jane Czech, with the following Directors present: Directors Keith, Dailey, Linkous, Wellons and Castleman - total 5; Absent - Director Jones - total 1. A quorum was declared to be present, and the meeting then-proceeded as herein recorded: The Invocation was given by Director Wellons. The first presentation was the Consent Items, consisting of the following: (a) The reading of the Minutes of the previous meeting held on June 20, 1978. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of May, 1978... (c) Set date for work session on Cable TV. (d) Resolution No. 5,962,.entitled: A RESOLUTION AWARDING CONTRACTS FOR TRAFFIC SIGNAL CONTROLLERS; FIRE & POLICE UNIFORMS AND RELATED EQUIPMENT; DEMOLITION OF CERTAIN CONDEMNED STRUCTURES & SITE CLEARANCE; STREET RESURFACING; PEST CONTROL; WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (e) Report on Department of Labor Skills Training Improvement Program. (f) Resolution No. 5,963, with.the title being: A RESOLUTION ELIMINATING THE NECESSITY FOR REVIEW BY PLANNING COMMISSION OF ANNEXATION ORDERS SIGNED BY THE COUNTY.COURT; AND FOR OTHER PURPOSES. (g) Resolution No. 5,964, containing the following title: A RESOLUTION ACKNOWLEDGING RECEIPT FROM THE LITTLE ROCK ADVERTISING & PROMOTION COMMISSION OF THE SUMEOF.$155,269.00 FOR THE BENEFIT OF THE CENTRAL LITTLE ROCK URBAN RENEWAL PROJECT; AND FOR OTHER PURPOSES. (Mr. B. Finley Vinson of the Advertising & Promotion Commission was present and presented the check to Mayor Mehlburger, advising that work is continuing to provide additional exhibit space.) By a motion from Director Linkous, seconded by Director Keith, which was adopted by unanimous voice vote , of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the previous meeting held June 20, 1978 were approved as written and summarized to the members of the Board of Directors; (b) The Comparative Statement of the Municipal Water Works was received and filed; (c) A work session on Cable TV was set for 10:30 A. M. on Wednesday, July 26, 1978; (d) Resolution No. 5,962 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - .None; Absent - Director Jones - total 1; (e) The Report on Department of Labor Skills Training Improvement Program was received and filed; and (f & g) Resolutions No. 5,963 and 5,964 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. Introduced at this time was a proposed Ordinance, containing the following title: AN ORDINANCE RECLASSIFYING THE 10,800 BLOCK WEST ON KANIS ROAD, CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; ' (Zoning Case No. Z- 3206) the proposed Ordinance was read the first and second times on June 20, 1978. There was a motion at this time by Director Linkous that the Ordinance be amended to provide "F" Commercial Zoning on the eastern one -half (ten acres) of the tract." The motion was seconded by Director Dailey and a roll call was r JULY 5, 1978, Cont'd. taken on the Motion with the.following results: Ayes - Directors Dailey, Linkous and Castleman - total 3; Noes - Director Keith, Mayor Mehlburger and Director Wellons - total 3; Absent - Director Jones - total 1. The Motion having failed, and with no Motion to suspend the rules for the third and final reading, the proposed Ordinance remained on the Calendar for third and final reading. The Board of Directors had considered a Zoning Appeal by Attorney Joseph A. Madey to rezone the property at 1022 Fair Park Boulevard, from "E -1" Quiet Business.and "F" Commercial Districts to "F" Commercial District, on May 16, 1978._ With only six Board Members in attendance on May 16th, the vote on the Ordinance was 3 Ayes and 3 Noes and having failed, it was agreed at the Agenda Meeting on June 2 1978 to reconsider the request, therefore the following Ordinance, No. 13,472 was presented entitled: AN ORDINANCE RECLASSIFYING 1022 FAIR PARK BLVD. IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS;.AND FOR OTHER PURPOSES; with the Ordinance being read the first time, followed by a motion from Director Linkous to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Wellons and adopted by unanimous vote of the Board Members present being six in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The-rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Dailey and Wellons, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more.of the members of the Board of Directors - elect. Following the thir and final reading of the Ordinance, there was.an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Dailey, Linkous, Wellons and Castleman - total 4; Noes - Director Keith and Mayor Mehlburger - total 2; Absent - Director Jones - total 1. The Ordinance was therefore, declared PASSED. Ordinance No. 13,473 was presented, described as: AN ORDINANCE AMENDING SECTION 43 -28 OF THE CODE.OF ORDINANCES OF THE CITY OF LITTLE ROCK,PERTAINING TO USE CLASSIFICATION OF LANDS ANNEXED TO THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (property annexed to City shall be classified "A" One- family District upon acceptance). and said Ordinance was read the first time., There was a motion which followed from Director Keith, seconded by Director Wellons, to suspend the rules to provide for the second reading•of.the Ordinance, with the motion being unanimously adopted by the Board Members present, being six in number and two -thir or more.of.the members of the Board of Directors - elect. There was a second reading of the Ordinance, after which there was a subsequent motion by Director Keith, seconded by Director Dailey, to suspend the rules and place the Ordinance on its third and final reading. The motion was _adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect, and the.Ordinance was then read the third and last time. An.,Aye and No Vote was taken on the passage of the Ordinance, and.the resulting .vote is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director.Jones - total 1. - The -Emergency Section contained in Section 2 of the foregoing Ordinance was then read and adopted the following roll call vote: 'Ayes - Directors Keith,.Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. It was therefore, declared that the'Ordinance, together with the Emergency Section had been PASSED. III ANe matter ORDINANCE AUTHORIZING eTHE tISSUANCE OF TOURISM Ordinance, REVENUEBONDStUNDER ACT NO. 380 OF THE REGULAR SESSION OF THE SIXTY- EIGHTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED MARCH 24, 1971, AS AMEN ED, FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING OF THE COSTS OF SECURING AND DEVELOPING TOURISM. INDUSTRY (THE PARTICULAR PROJECT IS DESCRIBED IN THE ORDINANCE); AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE 592 JULY 5, 1978, Cont'd.- ACQUISITION, CONSTRUCTION AND EQUIPMENT OF THE TOURISM PROJECT AND THE FINANCING THEREOF; AND DECLARING AND EMERGENCY; (Sheraton Motor Inn) , and there was a second reading of the Ordinance, having been read the first time on June 6, 1978. There was a brief discussion on this type of financing for private business. Director Wellons commented that tourism bonds could be used .legitimately for private business, but that the Sheraton project needed to have more definite plans for bringing more visitors to the City. He further stated that the State has provided an Act which is designed to give us a tool to use and that each project should be considered individually; adding, "Let's deal with facts and encourage citizens to use this tool." Mayor Mehlburger advised that a philosophical problem exists with using this kind of financing for this kind of project. There was no further discussion, and Director Keith made a Motion for the suspension of the rules to place the Ordinance on third and final reading. The Motion was seconded by Director Dailey and adopted by unanimous vote of the Board Members present, being six in.number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time followed by an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - .Director Dailey, total l; Noes - Director Keith, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 5; Absent - Director Jones - total 1. Mayor Mehlburger announced that the proposed Ordinance had FAILED. In conjunction with the above proposed Ordinance, there was a companion Ordinance presented, entitled: AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR AND LRSMI CORPORATION, AS LESSEE IN SUBSTANTIALLY THE FORM AND WITH THE CONTENTS SET FORTH AND MADE A PART OF THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (Sheraton Motor Inn) and the Ordinance was read the second time, having been read the first time on June 6, 1978. There was a Motion from Director Keith that the proposed Ordinance be placed on third and final reading. The motion was seconded by Director Dailey and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was then read the third and last time followed by an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Director Dailey - total 1; Noes - Director Keith, Mayor Mehlburger, ' Directors Linkous, Wellons rand Castleman - total 5; Absent - Director Jones - total 1. The Ordinance was declared to have FAILED. i At this time, Ordinance No. 13,474 was presented, with the title being: AN ORDINANCE AUTHORIZING A-MEMORANDUM AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND ORBIT VALVE COMPANY PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; with the Ordinance being read the first time. Director Keith made a motion that the City require a 1% cost recovery for administrative services necessary for implementation of the Bond Project. The motion died for lack of a second and there was a subsequent motion from Director Linkous, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and there was a second reading of the Ordinance. There was a further suspension of the rules to allow for the third and final reading of the Ordinance as the result of a motion made by Director Linkous, and again seconded by Director Dailey, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Director - elect. Following the third and last reading of the Ordinance, there was an Aye and No Vote taken on the ALU passage of the Ordinance which received the following response: Ayes - Directors Keith, Dailey, i JULY 5, 1978, Cont'd. Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. The Emergency Section contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous,, Wellons and Castleman - total 6; Noes - .None; Absent - Director Jones - total 1. An announcement was made that the Ordinance, together with the Emergency Section had PASSED. Presentation was then made of Resolution No. 5,965, described as:. . A RESOLUTION AUTHORIZING THE CONVEYANCE OF A CERTAIN PARCEL OF LAND IN ALLSOPP PARK; AND FOR OTHER PURPOSES; (To William Gary Darwin and Beverly Jo Darwin, his wife) and there was a complete reading of the Resolution, which was thereafter adopted upon motion of Director Linkous, seconded by Director Wellons, and by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 6; Noes - None; Absent - Director Jones - total 1. Introduced next was a proposed Ordinance,•entitled: AN,ORDINANCE AMENDING ORDINANCE NO. 12,649 KNOWN AS THE BUILDING CODE OF THE CITY OF LITTLE ROCK, ARKANSAS; PROVIDING FOR THE ADOPTION AND ENFORCEMENT OF STANDARDS FOR MAKING BUILDINGS AND FACILITIES ACCESSIBLE TO, AND USABLE BY, THE PHYSICALLY HANDICAPPED; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. A lengthy discussion ensued in which Director Keith made a motion that "we attach the 'sunset provision' to the Ordinance, allowing it to.remain on. the record for two years. Then if changes.need to be-made, they can be considered at that time." Director Linkous seconded the motion. Director Wellons stated that the Board has three or.four very serious.Ordinances under consideration that have an impact on the public adding, "I will hope that this.Board will remain flexible and if these Ordinances create a burden, that further study be given them. The citizens need to know what we are wrestling with and if we pass something that needs changing, that we will reconsider it." Director Linkous echoed Director Wellons' thoughts commenting that he was not sure the "sunset provision" is what is needed, but that the Board should certainly take a look at the Ordinance when the Housing and Urban Development provisions have been completed. Mr. Bruce Blackall, Executive Vice Pres- ident of the Home Builders Association of Greater. Little Rock, advised that the proposed accessibility unfeasible. He also said the City needs to study new housing regulations being developed by HUD before passing the Ordinance. Mr. Blackall requested that the Board remove the multi - family element from the Ordinance. Mr. Charles Hill, an architect on the Board of the State Environmental Barriers Council, shared concern of the Home Builders, but said "the issue before us is asocial issue." It was his opinion that HUD would probably adopt the new standards of the American National Standards Institute. He said new costs for builders caused by the proposed requirements could be avoided with planning befor construction. Mr. Hill suggested a delay in the passage of the Ordinance. At the close of the discuss ion, Director Linkous requested that the Staff further analyze the Ordinance and determine where HUD is and if their provisions refer to multi - family only. A roll call was taken on the motion by Director Keith, with the following results: Ayes - Director Keith - total l; Noes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 5; Absent - Director Jones - total 1. ' Therefore, the motion FAILED. There was no motion offered for the suspension of the rules, so the Ordinance remained on the calendar for second reading. Director Jones was enrolled. .. Resolution No. 5,966 was presented next, with the title being: A RESOLUTION EXTENDING THE CITY'S VEHICLE LIABILITY INSURANCE POLICY; AND FOR OTHER PURPOSES; (With Baldwin, Meadors & Bond, Inc.) requirements for apartment buildings would cost builders too much. He said, "everyone would suffer" if needed apartments weren't.built because the accessibility requirements made the buildings economi unfeasible. He also said the City needs to study new housing regulations being developed by HUD before passing the Ordinance. Mr. Blackall requested that the Board remove the multi - family element from the Ordinance. Mr. Charles Hill, an architect on the Board of the State Environmental Barriers Council, shared concern of the Home Builders, but said "the issue before us is asocial issue." It was his opinion that HUD would probably adopt the new standards of the American National Standards Institute. He said new costs for builders caused by the proposed requirements could be avoided with planning befor construction. Mr. Hill suggested a delay in the passage of the Ordinance. At the close of the discuss ion, Director Linkous requested that the Staff further analyze the Ordinance and determine where HUD is and if their provisions refer to multi - family only. A roll call was taken on the motion by Director Keith, with the following results: Ayes - Director Keith - total l; Noes - Director Dailey, Mayor Mehlburger, Directors Linkous, Wellons and Castleman - total 5; Absent - Director Jones - total 1. ' Therefore, the motion FAILED. There was no motion offered for the suspension of the rules, so the Ordinance remained on the calendar for second reading. Director Jones was enrolled. .. Resolution No. 5,966 was presented next, with the title being: A RESOLUTION EXTENDING THE CITY'S VEHICLE LIABILITY INSURANCE POLICY; AND FOR OTHER PURPOSES; (With Baldwin, Meadors & Bond, Inc.) JULY 5, 1978, Cont'd. which Resolution was read in full. A.motion was -made by Director Wellons, seconded by Director Castle- man, that the Resolution be adopted. In the ensuing roll call vote, the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger,'Directors Linkous, Wellons, Castleman and Jones - total:7; Noes - None; Absent ,None. 1 1, . Introduced at this time was Resolution No. 5,967, entitled: A RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE YOUTH ADVISORY COUNCIL AND CACETA STAFF REGARDING SUMMER YOUTH PROGRAMS; ALLOCATING FUNDS;_AND FOR OTHER PURPOSES; with there being a full reading of the.Resolution, which was thereafter adopted upon motion of Director Wellons, seconded by Director Jones, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones- total 7; Noes - None; Absent - None. There was presented Resolution No. 5,968, containing the following title: A RESOLUTION RENEWING THE WRECKER SERVICE FRANCHISE FOR WRECKER SERVICE WITHIN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Charles W. Tracy, Trek Wrecker Service; Robert L. Burns, Barber Street EXXON and A. R. Pendergrass, Penney's Wrecker Service) and the Resolution was read in its entirety. A motion was then made by Director Castleman and seconded by Director Wellons, which led to adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. Under "Citizen Communications" Ms. Edwina Womack of 11601 Fairway Drive, presented a petition to the Board of Directors, bearing "sigciatiiresF.of-fpersons opposing the use of the decompression chamber at the Little Rock Animal Shelter. She said the use of the chamber is "inhumane and sadistic," adding the animals could be killed painlessly with injections of sodium pentobarbital. It was her recommendation that the chambe be abolished. Dairector Dailey said there is a "wide- spread split" across the nation on this issue. Mr. Bill Hurt Smith, Director of the American Humane Association's southeastern regional office advised that there is .a potential for pain for animals with any killing method. He stated that those employed in animal control can do one of three things: quit and criticize, go crazy, or do a professional job and educate the public. He mentioned three methods used for killing animals: carbon monoxide, nitrogen and high 'altitude and by injection of pentobarbital, all of which are subject to criticism. Several persons were in attendance who complained about service and personnel at the Animal Shelter. Director Linkous said the issue is not dead, and requested more information. At this time, Director Linkous made a motion that the Board of Directors go into Executive Session to discuss appointments to various Boards and Commissions. The motion was seconded by Director Castle- man and adopted by unanimous voice vote of the Board Members present. Board of Directors Chamber Little Rock, Arkansas July 5, 1978 - 10:40 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from Executive Session with Mayor Mehlburger presiding and Jane-Czech, City Clerk and the following Directors present: Directors Keith, Dailey, Linkous, Wellons, Castleman and Jones - total 6; Absent - None. The first.matter to be-considered was Resolution No. 5,969, which contained the following title: A RESOLUTION MAKING APPOINTMENTS TO THE HISTORIC DISTRICT COMMISSION; ADVERTISING AND PROMOTION COMMISSION; PORT AUTHORITY; AND FOR OTHER PURPOSES; (Historic District Commission: Elizabeth Terry Foti and Sam Strauss, Jr.; Advertising and Promotion Commission: Mr. Hank Van Rossum; Port Authority Mr. Norman Farris; and Wastewater Utility Committee: Ms. Catherine Hamilton) I JULY 5. 1978, Cont'd. and there was a full reading of the Resolution. A motion was made by Director Dailey, and seconded by Director Jones, that the proposed Resolution be adopted. A roll call was taken on the motion with the following results: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes,- None; Absent - None. The last Resolution to be considered was No. 5,970, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE ARKANSAS ARTS CENTER; AND FOR OTHER PURPOSES; (Mr. Jim D. Alford, Mrs. H. A. T. Bailey, Jr., Mr. Sanford M. Besser, Mrs. Thomas Michael Mehaffy and Mr. Glenn Mahone) which Resolution was read in its entirety. A motion by Director Dailey, seconded by Director Jones, resulted in a roll call vote which adopted the Resolution as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Wellons, Castleman and Jones - total 7; Noes - None; Absent - None. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Dailey, seconded by Director Keith, and by unanimous vote of the Board Members present, the Board of Directors adjourned at 10:45 o'clock ?"p. M. to meet again in regular sea on Tuesday, July 18, 1978 at 7:30 o'clock P. M. ATTEST: / APPROVED: City Clerk JJFFI ,�`\ J`X,Mayor 5 -- Board of Directors Chamber Little Rock, Arkansas , July 18, 1978 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with the following Directors present: Directors Keith, Castleman and Jones - total 3; Absent - Director Dailey, Mayor.Mehlburger, Directors Linkous and Wellons - -total 4. It was declared that a quorum was not in attendance therefore, no official business was considered. City Manager Carleton E. McMullin explained that Directors Dailey and Linkous were out of town, that Director Wellons was hospitalized and Mayor Mehlburger was ill.. - A large delegation of handicapped persons was present to support the proposed building access Ordinance, and Mr. McMullin announced that the Directors were in informal session, but would hear comments from those wishing to speak. The informal meeting was dismissed at 7:50 o'clock P. M. , City Clerk :i 597 Board of Directors' Chamber Little Rock, Arkansas July 26, 1978 - 8:30 A. M. The Board of Directors of the City of Little Rock, Arkansas met in Special Session, pursuant to authority of Section 19- 708(c); Arkansas Statutes 1947 Annotated, with Mayor Mehlburger's Notice of Special Meeting to the Board of Directors being dated July 21, 1978. Mayor Donald L. Mehlburger presided, with Jane Czech, City Clerk and the following Directors present: Directors Keith, Dailey, Castleman and Jones - total 4; Absent - Directors Linkous and Wellons - total 2. There being a quorum present and it being announced, the following proceedings were had: The first presentation was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held on July 5, 1978. (b) .Resolution No. 5,971, entitled: A RESOLUTION AMENDING RESOLUTION #5 ,427, AS AMENDED, AS SUCH PERTAINS TO THE HOME IMPROVEMENT PROGRAM; AND FOR OTHER PURPOSES. (c) Resolution No. 5,972, with the title being: A RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE PARKING FACILITIES LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, THE LITTLE ROCK MUNICIPAL PARKING AUTHORITY AND THE LITTLE ROCK ADVERTISING AND PROMOTION COMMISSION; AND FOR OTHER PURPOSES. By a motion from Director Keith, seconded by Director Castleman, which was adopted by unanimous vote of the Board Members present, the Consent Agenda was dispensed with as follows: -(a) The Minutes of the previous meeting held July 5, 1978 were approved as written and summarized to the members of the Board of Directors; (b & c) Resolutions No. 5,971 and No. 5,972 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Castleman and Jones - total 5; Noes - None; Absent - Directors Linkous and Wellons - total 2. Introduced at this time was Ordinance No. 13,475, containing the following title: 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; (Blocks.11, 12, 13 & 14, Tilfrey's Subdivision, referred to as "Rainwood 2nd Addition ") with the Ordinance being read the first time, followed by a motion from Director Castleman to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Dailey and adopted by unanimous vote of the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading . by a motion made and seconded by Directors Keith and Dailey, respectively, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the pass- age of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburgei , Directors Castleman and Jones - total 5; Noes - None; Absent - Directors Linkous and Wellons - total 2! The Ordinance was therefore declared PASSED. Ordinance No. 13,476 was presented, described as: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF LITTLE ROCK, ARKANSAS; (South side of Colonel Glenn Road in 10,000 Block) and said Ordinance was read the first time. There was a motion which followed from Director Castleman, seconded by Director Dailey, to suspend the rules to provide for the second reading of the Ordinance, with the motion being unanimously adopted by the Board Members present, being five in number and two- I JULY 26, 1978, Cont'd. thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordi- nance, after which there was a subsequent motion by Director Keith, again seconded by Director Dailey, to suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by , unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the third and last time. An Aye and No Vote was taken on the passage of the Ordinance, and the resulting vote is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Castleman and Jones - total 5; Noes - None; Absent - Directors Linkous and Wellons - total 2. It was announced that the Ordinance had PASSED. The next matter to be considered was Ordinance No. 13,477, with the title being: 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 AND ASSIGNING SAME TO WARDS; (S /W Corner of I -30 and Scott Hamilton Drive) with there being a first reading of the Ordinance. There was a motion at this time from Director Cast man, seconded by Director Dailey, to suspend the rules and place the Ordinance on its second reading. The motion having been unanimously adopted by the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion made and seconded by Directors Keith and Dailey, respectively, and unanimously adopted by the Board Members prese , being five in number and two - thirds or more of the members of the Board of Directors - elect. The third ll and last reading of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordi- nance, which resulted as herein described: Ayes - Directors.Keith, Dailey, Mayor Mehlburger, Directors Castleman and Jones - total 5; Noes - None; Absent - Directors Linkous and Wellons - total 2. Where- upon the Ordinance was declared PASSED. Presented for consideration next was Resolution No. 5,973, containing the following title: A RESOLUTION AMENDING RESOLUTION NO. 5,887 TO PROVIDE FOR AUTHORIZATION OF A CHANGE ORDER TO HARDY CONSTRUCTION COMPANY FOR ADDITIONAL STORM DRAINAGE WORK; AND FOR OTHER PURPOSES; (For additional work between West 24th Street and Spring Street and West 25th Street and Center Street at a cost of $95,818.45) with a full reading of the Resolution following. There was a motion then made by Director Jones, ed by Director Dailey, which resulted in a roll call vote and the Resolution was adopted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Castleman and Jones - total 5; Noes - None; Absent - Directors Linkous and Wellons - total 2. Resolution No. 5,974 was the next presentation, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR CONSTRUCTION, PAVING, LIGHTING, FENCING & LANDSCAPING OF INTERSTATE PARK; AND FOR OTHER PURPOSES; (Ray Richardson; H & H Electric; Capital Fence Co.; N.T.A Landscaping) and the Resolution was read in its entirety. A motion was then made by Director Dailey and seconded by Director Jones, which led to adoption of the Resolution by the following roll call vote: Ayes - Direct Keith, Dailey, Mayor Mehlburger, Directors Castleman and Jones - total 5; Noes - None; Absent - Directors Linkous and Wellons - total 2. Introduced at this time was Resolution No. 5,975, with the title being: A RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE CONSULTANT SELECTION COMMITTEE FOR ENGINEERING SERVICES FOR FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS AND A CAPITAL IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES; (For Paving, Curb, Gutter, Underground Drainage, Sidewalk and Ditch Improvements and Reconstruction of Blount Road. Engineers: Garver & Garver; Blaylock, Threet & Associates; and Hodges, Vines, Fox & Castin, Inc.) with there being a full reading of the Resolution, which was thereafter adopted upon motion of Director Keith, seconded by Director Jones, and the following roll call vote: Ayes - Directors Keith, Dailey, JULY 26 1978 Cont'd. and Wellons - total 2. The next matter to be considered was Resolution No. 5,976, described as: A RESOLUTION AUTHORIZING THE ADVANCEMENT OF CITY FUNDS TO METROPLAN, FOR USE BY CENTRAL ARKANSAS ' TRANSIT IN OPERATION OF THE MASS TRANSIT SYSTEM; AND FOR OTHER PURPOSES;' and the Resolution was read in its entirety. A discussion followed in which Director Keith voiced strong opposition to the loan of $797,251.00 to Central Arkansas Transit, which would come from Revenue Sharing Funds. He compared the $16,000 per year salary of bus drivers to patrolmen earning $12,000; firemen who earn $11,000; and garbage collectors earning $8,100., This, he said; "would lead to a work stoppage by City Employees." Mayor Mehlburger asked Director Keith for a solution to the financial problems of the bus system and he replied, "I am not familiar enough with the program to offer a solution." Upon question by Director Jones, Mr. E. Jack Murphy, Director of Finance advised that it is legal to loan this money for the purpose proposed but, it must be paid back. He further added that the Revenue Sharing Funds are currently invested at 71� per cent interest and that the City will get at least that much back from the Central Arkansas Transit loan. The proposed Resolution provided that 10% interest be charged Metroplan for the loan, but Director Castleman made a motion that the Resolution be amended as follows: "Interest at the rate of 10% or 1% above the prime lending rate, whichever is lower, shall be charged to Metroplan for such borrowed funds." Director Jones seconded the motion which was adopted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Director Castleman and Jones - total 5; Noes - None; Absent - Directors Linkous and Wellons - total 2. With the adoption of'the amendment, there was a subsequent motion by Director Dailey, seconded by Director Jones, that the Resolution, as amended, be adopted. The roll call vote adopted the Resolution as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Castleman and Jones - total 4; Noes - Director Keith - total 1; Absent - Directors Linkous and Wellons - total 2. There was presented a proposed Resolution, entitled: I A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TEAM FOUR, INC. FOR PREPARATION OF A COMPREHENSIVE LAND USE FOR THE EXTRATERRITORIAL PLANNING AREA; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. Director Dailey requested that action on the proposal be deferred. He said the study is needed, but that he has problems with an out of town firm having sole control over it, adding that he would like local planning involvement and would propose an alternative to make the study. Mayor Mehlburger commented that he has no problem with an out of town firm but, he would like less written reports and more zoning maps. There was no further discussion and Director Dailey made a motion that the Resolution be tabled until August 15, 1978. The motion was seconded by Director Castleman and adopted by the following roll call vote: Ayes - Director Dailey, Mayor MdkbU'rge Directors Castleman and Jones - total 4; Noes - Director Keith - total 1; Absent - Directors Linkous and Wellons - total 2. City Manager Carleton E. McMullin advised the Board of Directors that an error had been made in the I�property description of a parcel of land in a trade between the City of Little Rock and William Gary Darwin, which needed to be corrected and Resolution No. 5,977 was presented containing the following title: A RESOLUTION AMENDING RESOLUTION NO. 5,965 TO CORRECT A PROPERTY DESCRIPTION; AUTHORIZING THE MAYOR L--� AND CITY CLERK TO EXECUTE A CORRECTION DEED; AND FOR OTHER PURPOSES; with a full reading of the Resolution following. There . was a motion made by Director Castleman, seconde by Director Jones, which resulted in a roll call vote and the Resolution was adopted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Castleman and Jones —total 5; Noes - None; Absent - Directors Linkous and Wellons - total 2. L--� JULY 26, 1978, Cont'd. Mr. McMullin, City Manager brought to the attention of the Board, the matter of the City defending City Employees having suits filed against them relating to their employment. He reminded that it had been the Board's position if employees were filed against, that the matter be brought to the Board for consideration before defending the employee. He advised that a suit (Case No. LR -C -78 -234) had been filed in U. S. District Court by Leona Brock, alleging violations of civil rights and harrassment by Police Officers Jessie Brisco, Larry McNabb and John Doe. In a brief general discussion, it was the consensus that the City should defend these three officers. Director Keith made a motion, seconded by Director Dailey, that "the City defend the Officers." The motion was adopted by unanimous voice vote of the Board Members present. . There were two other similar suits filed in U. S. District Court (Case Nos. LR -C -78 -244 and 245) filed by Leroy Shavers and George R. Shavers, respectively; alleging that John Mandeville, Charles M. Tuck, James H. Foster and Norman R.Williams, acting as policemen, murdered without cause or justificati deprived the deceased of his Constitutional Rights; and exerted undue and excessive force, shooting the plaintiff, severely wounding him and leaving him paralyzed. Director Keith made a motion, "that the four Officers be defended by the City." The motion was seconded by Director Castleman and adopted by unanimous voice vote of the Board Members present. With there being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Dailey, seconded by Director Castleman and by unanimoussvote of the Board Members present, the Board of Directors adjourned at 9:40 o'clock A• M. to meet again in regular session on Tuesday, August 1, 1978 at 7:30 o'clock P. M. ATTEST: APPROVED: (\\� City Clerk Mayor Board of Directors Chamber Little Rock, Arkansas August 1, 1978 - 7 ;30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Vice Mayor Dailey presiding and City Clerk Jane Czech, with the following Directors present: Directors Keith, Linkous and Castleman - total 3; Absent - Mayor Mehlburger, Directors Wellons and Jones - total 3. A quorum was declared to be present, and the meeting then proceed as herein recorded: The Invocation was given by Director Castleman. The Consent Agenda was presented first, and consisted of the following items: (a) The Minutes of the Special Meeting held July 26, 1978. (b) The 1977 Financial Report of the Central Arkansas Library System. (c) Resolution adopted by Metrocentre Improvement District No. l,.amending the amended and sub- stituted plan of improvement of Metrocentre Improvement District No. 1, to include acquisition nand installation of the Henry Moore sculpture entitled "Large Standing Figure Knife Edge." (d) Resolution No. 5,978, entitled: A RESOLUTION ACCEPTING A LITTLE ROCK PORT AUTHORITY RESOLUTION COMMENDING MR. BART ROACH; AND FOR OTHER PURPOSES. (e) Resolution No. 5,979, with the title being: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR PAPER PRODUCTS; ELECTRICIAN SERVICES; PRINT SHOP EQUIPMENT; WORD PROCESSING EQUIPMENT & SUPPLIES AND THE 1978 STREET SLURRY SEAL PROGRAM; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. (f) Resolution No. 5,980, containing the following title: A RESOLUTION APPROVING A CONSENT DECREE IN PULASKI COUNTY CHANCERY COURT CASE NO. 77 -327 STYLED WILLIS V. LEWIS VS THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. By motion of Director Castleman, seconded by Director Keith, and a roll call vote with all members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minutes of the Special Meeting held July 26, 1978 were approved as written and summarized to the Board of Directors; (b) The I� 1977 Financial Report of the Central Arkansas Library System was received and filed; (c) The Resolution adopted liy.,Metrocentre Improvement District No. 1, amending the amended and substituted plan of improve - wenn t of Metrocentre Improvement District No. 1, was received and filed; and (d, e & f) Resolutions No. 5,978, 5,979 and 5,980 were read in full and adopted by the following roll call vote: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous and Castleman - total 4; Noes - None; Absent - Mayor Mehlburger, Directors Wellons and Jones - total 3. Director Jones enrolled. Introduced next was Ordinance No. 13,478, entitled: All ORDINANCE AMENDING ORDINANCE NO. 12,649 KNOWN AS THE BUILDING CODE OF THE CITY OF LITTLE ROCK, ARKANSAS; PROVIDING FOR THE ADOPTION AND ENFORCEMENT OF STANDARDS FOR MAKING BUILDINGS AND FACILITIES ACCESSIBLE TO, AND USABLE BY, THE PHYSICALLY HANDICAPPED; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on July 5, 1978. There were three speakers present to be heard in support of the Ordinance; Mr. Delbert Lewis of the Arkansas Environmental Barriers Council; Lucille Ruggles, "Miss Arkansas Wheelchair "; and Mr. E. Russell Baxter, Commissioner of Rehabilitation Services for the State Human Services Department. They each urged that careful and favorable consideration be given to this Ordinance. Mr. Bruce Blackall, Executive Vice President of the Home Builders Association, again cited the developers' opposition and said the Ordi- nance is too subjective. After discussion, Director Castleman made the following motion, seconded by Director Jones: 111f111 AUGUST 1, 1978, Cont'd. "I move that Section 517.4(c) be amended by adding sub - paragraphs 3 and 4 as follows: 'S17.4(c)3. In residential complexes containing twenty (20) or more units, individual dwelling units of multi - family residential use otherwise covered by this code shall be exempt from all provisions of this section except that fifteen (15) percent of such units shall meet minimum space requirements such as door widths, widths of interior , corridors, wheelchair turning space requirements, etc., and height requirements of built -in equipment and controls such as light switches,.electrical outlets, thermostats, etc. Such accessible dwelling units shall be located in various locations throughout the building so as not to tend to segregate disabled persons to a particular area, building, or price range or otherwise interfere with or prohibit reasonable freedom of choice of housing accommodations by handicapped persons. 517.4(c)4. In residential complexes. containing .less than twenty (20) units, individual dwelling units are exempt from all provisions of this section:'." A roll call vote was taken on the motion by Director Castleman with the following results: Ayes - Directors Castleman and Jones - total 2; Noes - Director Keith, Vice Mayor Dailey, and Director Linkous - total 3; Absent - Mayor Mehlburger and Director Wellons - total 2. The Motion therefore, was declared to have FAILED. With the Motion having failed, there was a subsequent Motion by Director Linkous, seconded by Director Castleman, that the Ordinance be amended by adding sub - paragraphs 3 and 4 as follows: "517.4(c)3. In residential complexes containing twenty (20) or more units, individual dwelling units of multi - family residential use otherwise covered by this code shall be exempt from all provisions of this section except that ten (10) percent of such units shall meet minimum space requirements such as door widths, widths of interior corridors, wheelchair turning space requirements, etc., and height requirements of built -in equip- ment and controls such as light switches, electrical outlets, thermostats, etc. Such accessible dwelling units shall be located in various locations throughout the building so as not to tend to segregate disabled persons to a particular area, building, or price range or otherwise interfere with or prohibit reasonable freedom of choice of housing accommodations by handicapped persons. 517.4(c)4. In residential complexes containing less than twenty (20) units, individual dwelling units are exempt from all provisions of this section:" The Motion was submitted to the following roll call: Ayes - Director Keith, Vice Mayor Dailey, Directo Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 2. The Ordinance was therefore, amended by adding subparagraphs 3 and 4 to Section 517.4(c). At this time there was some discussion on whether the Ordinance should be amended to include a mandatory review to determine the effectiveness of the Ordinance. Director Keith felt that the Ordinance should contain a review section. Upon question by Director Keith, Mr. Delbert Lewis said that he would not I recommend automatic termination of the ordinance. At this time, Director Keith made a Motion that Section 517.5 be added to the proposed Ordinance as follows: ' "517.5 Mandatory Review At the end of the second year from the passage date of this Ordinance, it shall be mandatory that a review of the effectiveness and implementation of the provisions of the Ordinance be conducted ", the Motion was seconded by Director Linkous and adopted by the following roll call vote: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; Noes.- None; Absent - Mayor Mehlburger and Director Wellons - total 2. Whereupon, the Motion was declared adopted. The last amendment to the proposed Ordinance was offered by Director Jones by moving that Section 517.2(b)(2) be amended to state, "Ramps shall be constructed of non -slip material and shall be lighted with not less than five foot candles per square foot if ramps are available or intended for use after dark." The Motion was seconded by Director Castleman and adopted as herein recorded: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and-Director-Wellons - total 2. There was a Motion at this time from Director Keith, seconded by Director Linkous, to suspend the rules and place the Ordinance, as amended, on third and final reading. The Motion received unanimous adoption by the Board Members present, being seven in number and two - thirdly or more of the members of the Board, of Directors- elect; and the third and final reading of the Ordinancel, as amended, followed. The question of the passage of the Ordinance, as amended, was submitted to an Aye and No Vote, which resulted as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - 1 1 AUGUST 1 1978, Cont'd. total 2. The Ordinance; as amended, was therefore declared PASSED. The next matter to be considered was the Petition of Arktic Ice, Inc. and the Missouri Pacific Railroad Company requesting the vacating and closing of a portion of the Alley in Block 5, Russell's Addition to the City of'Little Rock, Arkansas. Documents included with the Petition were a letter from Beach Abstract and Guaranty Company certifying to the last apparent owners of record of the property abutting the portion of the Alley to be closed, and a certified copy of the plat of Russell's Addition to the City of Little Rock, as recorded in the office of the Pulaski County Circuit Clerk. (See Resolution No. 5,981 as follows, which sets the date of Public Hearing for 7:30 -P. M., Tuesday,. September 5, 1978.) Resolution No. 5,981 was then considered, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AMiALLEY IN BLOCK 5 OF RUSSELL'S ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; and said Resolution was read in full. A Motion was made by Director Jones, seconded by Director Castle- man, for adoption of the Resolution and subsequently to a roll call vote whereby the Resolution was adopted as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 2 Presented at this time was the petition of Hal Reed Black, Jr., et al, to vacate and close. all of a 20' alley lying between Lot 179, Prospect Terrace No. 2 and Lot 180, Prospect. Terrace No. 3, both beith Additions to the City of Little Rock, Arkansas, which had been approved by the Planning Commissio Accompanying the petition was a letter from Beach Abstract and Guaranty Company certifying to the abutt ing property owners, and a certified copy.of Prospect Terrace No. 2 and Prospect Terrace No. 3, as recorded in the office of the Pulaski County Circuit Clerk. (See Resolution No. 5,982 as follows, which-sets the date of Public Hearing for 7:30 o'clock P. M., Tuesday, September 5, 1978.) Then presented was Resolution No. 5,982, described as: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING -THE DATE OF HEARING ON THE PETITION TO VACATE 20' ALLEY BETWEEN LOT 179 OF PROSPECT TERRACE NO. 2 AND-LOT 180 OF PROSPECT - TERRACE NO. 3, BOTH BEING ADDITIONS TO THE CITY OF'LITTLE ROCK, ARKANSAS; and a complete reading of the Resolution followed. There was a motion then made by Director Jones, seconded by Director Castleman, which resulted in a roll call'vote whereby the Resolution was adopted as herein recorded: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 2. A petition was presented for consideration from Ann Hendershott by Allan Curry, requesting that East 16th Street from the West line of Security Street West one -half block to the West line, of Garden Homes Addition, be vacated and closed. The petition had received the approval of the Planning Commiss Attached to the petition was a certified copy of the plat of Garden Homes Addition to the City of Litt Rock, Arkansas, as recorded in the office of the Pulaski County'Circuit Clerk in Plat Book.No. -4, at Page 37, and a letter from Beach Abstract & Guaranty Company, certifying to the abutting property owners. (See Resolution No. 5,983, as follows, which sets the date of Public Hearing for September 5, 1978 at 7:30 o'clock P. M.) Resolution No. 5,983 was presented, containing the following title: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY,OF LITTLE ROCK, ARKANSAS, SETTING THE DATE.OF HEARING ON THE PETITION TO VACATE STREET IN GARDEN HOMES ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Resolution was read in full. There was a motion then:,made by Director Jones, seconded by Director Castleman, that the Resolution be adopted. A roll call was taken whereby the Resolution was adopted by the following vote:. Ayes - Director'Keith, Vice Mayor Dailey; Directors.Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 22. 603 II�I�A_� AUGUST 1, 1978, Cont'd. Z -983 -A - From Earl Hilliard to reclassifyi_7315 Asher Avenue (containing 10.63 acres with long legal description), from "A" One- family and "F" Commercial Districts to "F" Commercial District. There was no one present to speak in opposition to the proposal and the following proposed Ordinance was placed on first reading. (See Ordinance No. 13,479 below) There was presented Ordinance No. 13,479, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY DESCRIBED AS 7315 ASHER AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; and said Ordinance was read the first time, followed by a motion from Director Castleman to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and second- ed by Directors Jones and Castleman, respectively, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Director Keith, Vice Mayor Dailey, Directors Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 2. Whereupon, the Ordinance was declared PASSED. Another zoning application was introduced at this time, having been approved by the Planning Commission on June 27, 1978: Z- 3201 -A - From Arkansas Modification, Inc. by Fred Saifnia to rezone the 1100 Block of Harrington Street (see petition for lengthy legal description) from "I" Light Industrial District to a Planned Industrial Development. (See Ordinance No. 13,480 below) Then presented was Ordinance No. 13,480, containing the following title: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT APPLICATION PURSUANT TO SECTION 43 -48.42 OF ' ORDINANCE #13,340 TO VARIOUS PARCELS OF LAND LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS; with t1ehOr3inance being read the first time, followed by a motion from Director Castleman to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the Board Members present, being five.in number and two- thirds or more of IWA The next presentation was the petition from James A. Huff, et al, requesting that parts of Rock and 30th Streets, bordering and within the Mary Ann and Quapaw Additions to the City of Little Rock, Arkansas, be vacated and closed, which petition had been approved by the - Planning Commission. Documents , included with the petition were a letter from the Little Rock Abstract .Company certifying to the last r apparent owners of record of the property abutting the portion of the streets to be closed, and a certif- ied copy of the plat of Mary Ann, Biddle and Quapaw Additions to the City of Little Rock as recorded in the office of the Pulaski County Circuit Clerk. (See Resolution No. 5,984 as follows, setting the date for Public Hearing at 7:30 o'clock P. M., on Tuesday, September 5, 1978.)._ Introduced was Resolution No. 5,984, entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE PARTS OF ROCK AND 30TH STREETS BORDERING AND WITHIN THE MARY ANN, I 6 BIDDLE, AND QUAPAW ADDITIONS TO THE CITY OF.LITTLE ROCK, ARKANSAS; with said Resolution being read in full and thereafter adopted upon motion of Director Jones, seconded by Director Castleman, and the following roll call vote: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 2. The next presentation was an application for rezoning, approved by the Planning Commission on April 25 1978: P , Z -983 -A - From Earl Hilliard to reclassifyi_7315 Asher Avenue (containing 10.63 acres with long legal description), from "A" One- family and "F" Commercial Districts to "F" Commercial District. There was no one present to speak in opposition to the proposal and the following proposed Ordinance was placed on first reading. (See Ordinance No. 13,479 below) There was presented Ordinance No. 13,479, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY DESCRIBED AS 7315 ASHER AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; and said Ordinance was read the first time, followed by a motion from Director Castleman to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and second- ed by Directors Jones and Castleman, respectively, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Director Keith, Vice Mayor Dailey, Directors Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 2. Whereupon, the Ordinance was declared PASSED. Another zoning application was introduced at this time, having been approved by the Planning Commission on June 27, 1978: Z- 3201 -A - From Arkansas Modification, Inc. by Fred Saifnia to rezone the 1100 Block of Harrington Street (see petition for lengthy legal description) from "I" Light Industrial District to a Planned Industrial Development. (See Ordinance No. 13,480 below) Then presented was Ordinance No. 13,480, containing the following title: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT APPLICATION PURSUANT TO SECTION 43 -48.42 OF ' ORDINANCE #13,340 TO VARIOUS PARCELS OF LAND LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS; with t1ehOr3inance being read the first time, followed by a motion from Director Castleman to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and adopted by unanimous vote of the Board Members present, being five.in number and two- thirds or more of IWA AUGUST 1 1978, Cont'd. the members of the Board'of Directors - elect; and,a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Jones and Castleman, respectively,,and unanimously adopted-by the Board'Members present, being five in number and two - thirds or more of the members of the Board of Directors- elect. Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Director Keith,'Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total.5; Noes.- None; Absent - Mayor Mehlburger and Director Wellons - total 2. The Ordinance was therefore, declared PASSED. Ordinance No. 13,481 was presented, described as:. AN ORDINANCE CLASSIFYING VARIOUS PROPERTIES OUTSIDE THE -CITY LIMITS OF THE CITY`OF LITTLE ROCK, ARKANSAS, PURSUANT TO THE PROVISIONS OF ARKANSAS STATUTES, SECTION 19- 2804.2, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. There was a motion which followed from Director Castleman, seconded by Director Jones, to suspend the rules to provide for the second reading of the Ordinance, with the motion being unanimously adopted by the Board Members present', being five in number and two- thirds or more of the members of the Board of Directors- elect. There was a second reading of the Ordinance; after which there was a: subsequent motion by Director Jones, seconded by Director Castleman, to again suspend the rules and place the Ordinance on its third and final reading. The-motion was adopted by unanimous vote of the Board Members present,'being five in number and two - thirds or more of the members of the Board of Directors - elect, and the Ordinance was then read the third and last time. An Aye and No Vote was taken on the passage of the Ordinance, and the resulting vote is describe as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jories - total 5 Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 2'.` It was announced that the Ordinance had PASSED. An Appeal of the Planning Commission's denial on April 25, 1978 of Zoning Petitions No: Z -3215 and Z -3214, submitted by Mr. Larry B. Barrentine, Broker, to rezone property at 7508 Azalea Drive" (Lot 43, Cloverdale Subdivision) and 7515 Azalea Drive (Lot 42, Cloverdale Subdivision), from "A" One- family District to "E -1" Quiet Business District, was presented. Director Jones made airmotion that a Public Hearing on the Appeal be scheduled for August 15, 1978 at 7:30 P. M:" The m6. tion was seconded by Director Castleman and was adopted by unanimous voice vote by 'members of the Board of Directors present. Presented next was Ordinance No. 13,482, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 13,441 OF THE BOARD OF`DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN BLOCK 95, ORIGINAL- CITY OF LITTLE ROCK, ARKANSAS; which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Castleman, seconded by Director Keith, and unanimously adopted by the Board Members present, being five in number-and two-thirds-or more of the members of the Board of Directors - elect. There was a'second reading of the Ordinance, followed by a motion from. Director Keith, seconded by Director Linkous, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of, the Board of Directors - elect; "and the Ordinance was then read the third and last time. The question of-the passage of the Ordinance was at this time, :submitted to an Aye and No Vote, which resulted as 'follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Di Wellons - total 2. The Ordinance was therefore, declared PASSED'. Ordinance No. 13,483 was introduced, containing the following title: AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF A TRACT OF LAND DESCRIBED AS LOTS 1 THROUGH 34, SANFORD ADDITION, PULASKI COUNTY, ARKANSAS, INCLUDING ALL ABUTTING AND a PAM b O , 1� AUGUST 1, 1978, Cont'd. ADJOINING STREETS AND RIGHTS OF WAYS, AND LESS AND EXCEPT ANY PROPERTY ALREADY IN THE CITY OF LITTLE ROCK; (Court Order dated June 19, 1978) ' with the Ordinance being read.the first time, followed by a motion from Director Castleman to suspend the rules and place the Ordinance on its second reading.. The motion was seconded by Director Keith and adopted by unanimous vote of the Board Members present, being five in nuinber.and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Keith and Linkous, respectively, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passag of the Ordinance which resulted as herein recorded: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 13,484, entitled: AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF LANDS LOCATED IN SECTIONS SEVENTEEN (17), EIGHTEEN (18), NINETEEN (19), TWENTY (20), TWENTY -ONE (21), AND THIRTY (30), TOWNSHIP TWO (2) NORTH, RANGE THIRTEEN (13) WEST TO THE CITY OF LITTLE ROCK, IN PULASKI COUNTY, ARKANSAS; (1074 Acres, more or less, along Highway 10 Corridor - Court Order dated June 19, 1978) with there being a first reading of the Ordinance. There was a motion-at this time from Director Castle man, seconded by Director Keith, to suspend the rules and place the Ordinance on its second reading. Th motion having been unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect, was read the second time. The rules were then suspended for the third and final reading of the Ordinance by a motion made and seconded by Directors Keith and Linkous, respectively, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of-the members of the Board of Directors - elect. The third and last read- ing of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 2. It was I announced that the Ordinance had PASSED. Ordinance No. 13,485 was the next matter to be considered with the title as follows: AN.ORDINANCE RECLASSIFYING THE 10,800 BLOCK WEST ON KANIS ROAD, CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (From "A" One- family District to "E -1" Quiet Business District) which Ordinance was read the third and last time, having been read the first and second times on June 20 1978 and July 5, 1978, respectively. Mr. Don R. Venhaus, Consultant for the petitioners requested deferral until the next Board of Directors' Meeting on August 15th. Director Linkous made a motion to defer action, but the motion died for lack of a second. Mr. Venhaus then made a final comment stating, "the zoning proposed is a fair and reasonable classification." With no further discussion, the Aye and No Vote on the passage of the Ordinance was taken with the following results: Ayes - Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; Noes.- None; Absent - Mayor Mehlburger and Director Wellons - total 2. The Ordinance was therefore declared PASSED. , With the passage of the Ordinance above being the zoning approved by the Planning Commission, a proposed Ordinance was considered -which contained zoning classifications appealed by Mr. Don R. Venhaus, Consultant, with the title being: !6o )-1 AUGUST 1 1978, Cont'd. AN ORDINANCE RECLASSIFYING THE 10,800 BLOCK WEST ON KANIS ROAD; CITY OF LITTLE ROCK,.ARKANSAS AND FOR OTHER PURPOSES; (Z -3206 - From "A" One- family District to "E -1" Quiet Business and "F" Commercial,Districts) ' and there was a first reading of.the Ordinance. Director Keith made a motion that the rules be.suspend- ed and the Ordinance be placed on second reading:. The motion was seconded by Director Jones and submitte to the following roll call vote: Ayes - Director Keith, Vice Mayor Dailey, Directors Castleman and Jones - total 4; Noes - Director Linkous - total 1; Absent - Mayor Mehlburger and Director Wellons - total 2. With only four Aye votes, the suspension of the rules failed and the proposed Ordinance remained on the calendar for second reading. Director Jones stated that she would like to go on record as opposed to playing these kinds of games at City Hall, to which Director Linkous took strong exception. There was no further discussion. A Public Hearing had been scheduled for this time and place to hear arguments on an Appeal of the Planning Commission's denial on June 27, 1978 of Zoning Petition No. Z -3221, submitted by Attorney M. Jane Dickey representing Mr. Seth Ward, requesting the rezoning of property on the south side of the 10,000 Block of Colonel Glenn Road, City of Little Rock, Arkansas, from "A" One- family District to "I" Light Industrial District. Vice Mayor Dailey declared the Public Hearing to be open. There was no one present to speak in opposition, but upon question, Ms. Dickey advised that the applicant would be willing to dedicate a fifteen -foot right -of -way on Colonel Glenn Road. There was no further discussion; the Public Hearing was declared closed and the following proposed Ordinance was placed on first reading. See proposed Ordinance below, entitled: AN ORDINANCE RECLASSIFYING PROPERTY. IN THE 10,000 BLOCK OF.COLONEL GLENN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY-OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; , with the - proposed Ordinance being read the first time, followed by a motion from Director Castleman to suspend the rules and place the Ordinance on its second reading. The motion was seconded by- Director Keith and adopted by unanimous vote :of the Board Members present, being five in number and two- thirds or more of the Board of Directors - elect. The Ordinance was then read the second time. There was a motion from Director Keith, seconded by Director Linkous to delay the matter until -the next Board of Directors Meeting. A roll call vote was taken which adopted the motion as follows: Ayes - Director Keith,.Vice Mayor Dailey,-Directors Linkous and Castleman - total 4; Noes - Director Jones - total 1; Absent - Mayor Mehlburger and Director Wellons - total 2. Therefore, the proposed Ordinance remained on the calendar for third and final reading. The following Zoning Petition was presented next: Z- 2391 -D - From the Baptist Medical Center by Harold H. Simpson, II, Attorney to rezone 9600 Kanis Road (32.8 acres in lengthy legal description) in the City of Little Rock, Arkansas, from "C", "E "., and "A" Districts to "E -1" Quiet Business District, as approved by.the Planning Commission,,on May 23, 1978. As there was no one present to speak in opposition to the proposal, a proposed Ordinance.was placed on first reading,,containing the following title: AN ORDINANCE RECLASSIFYING THE 9600 BLOCK OF KANIS_ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; - which Ordinance was read the first time. The rules were then suspended to allow for the second reading of the Ordinance by a motion made by Director Castleman, seconded by Director Keith, and unanimously adopted by the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect. There was a- second reading of the Ordinance.followed by a request from Mr. Tom Buford, Attorney to defer the proposal until the next Board of Directors Meeting. The request was granted, therefore the Ordinance remained on the calendar for third and final reading. AUGUST 1, 1978, Cont'd. Ordinance No. 13,486, was next presented, described as: AN ORDINANCE TO PROVIDE FOR THE GRANTING BY THE CITY OF LITTLE ROCK, ARKANSAS, TO THE PERSON, FIRM OR CORPORATION, HEREAFTER TO BE ASCERTAINED IN THE MANNER PRESCRIBED BY LAW, THE FRANCHISE, RIGHT AND PRIVILEGE TO CONSTRUCT, ERECT, OPERATE AND MAINTAIN IN, UPON, ALONG, ACROSS, ABOVE, OVER AND UNDER STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC PLACES, NOW LAID OUT OR DEDICATED, AND ALL EXTENSIONS THEREOF, AND ADDITIONS THERETO, IN THE CITY, POLES, WIRES, CABLES, UNDERGROUND CONDUITS, MANHOLES, AND OTHER CONDUCTORS, AND FIXTURES NECESSARY FOR THE MAINTENANCE AND OPERATION IN THE CITY OF A CABLE TELEVISION SYSTEM FOR THE INTERCEPTION, SALE AND DISTRIBUTION OF TELEVISION AND RADIO SIGNALS, TO PROVIDE FOR PENALTIES FOR VIOLATION OF THE FRANCHISE PROVISIONS BY THE GRANTEE: AND TO AUTHORIZE THE CITY CLERK TO ADVERTISE FOR SEALED PROPOSALS FOR THE PURPOSE OF GRANTING THE AFORESAID FRANCHISE; AND FOR OTHER PURPO (Draft Ordinance) with said Ordinance being read the first time. There was a motion which followed from Director Castle- man, seconded by Director Keith, to suspend the rules to provide for the second reading of the Ordinance with the motion being unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordi- nance; after which there was a subsequent motion by Director Castleman, seconded by Director Jones, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect; Director Linkous was excused and the Ordinance was then read the third and last time. An Aye and No Vote was taken on the passage of the Ordinance, and the resulting vote is recorded as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Castleman and Jones - total 4; Noes - None; Absent - Mayor Mehlburger, Directors Linkous and Wellons - total 3. The Ordinance was then declared PASSED. The next presentation was a proposed Ordinance, containing the following title: AN ORDINANCE PROVIDING FOR MEMBERS OF THE BOARD OF DIRECTORS TO BE ELECTED FOUR (4) FROM DISTRICTS AND THREE (3) FROM THE CITY AT LARGE IN KEEPING WITH THE PROVISIONS AND AUTHORITY OF ACT 808, ACTS OF ARKANSAS OF 1977; REFERRING THIS ORDINANCE TO THE QUALIFIED ELECTORS OF THE CITY FOR APPROVAL OR REJE AT THE GENERAL ELECTION TO BE HELD NOVEMBER 7, 1978; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. There was no discussion and the proposed Ordinance remained on the calendar for second reading. Resolution No. 5,985 was then considered, with the title being: A RESOLUTION REPROGRAMMING SECOND AND THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND FOR OTHER PURPOSES; (Reprogramming $342,741.97) and said Resolution was read in full. A motion was made by Director Keith, seconded by Director Jones, for adoption of the Resolution and subsequently to a roll call vote whereby the Resolution was adopted as follows: Ayes - Director Keith, Vice Mayor Dailey, Directors Castleman and Jones - total 4; Noes - None; Absent - Mayor Mehlburger, Directors Linkous and Wellons - total 3. Under "Citizen Communications" the following action was taken: Mr. William George, Executive Director of the Little Rock Housing Authority was present and ed to the Board, that in connection with the plan for the Central Little Rock Urban Renewal Project, approximately $75,000 was expended for benches, planter boxes, banner arms, trash receptacles, etc. for the Metrocentre. He said with the closing out of the Central Little Rock Urban Renewal Project, the Housing Authority has been granted permission to dedicate ownership of these items to the Metrocentre. Resolution No. 5,986 was therefore presented, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS APPROVING THE OF BENCHES, PLANTER BOXES, BANNER ARMS AND TRASH RECEPTACLES TO THE METROCENTRE BY THE LITTLE ROCK 1 u 1 AUGUST 1, 1978, Cont'd. HOUSING AUTHORITY; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, there was a motion by Director Keith that the Resolution be adopted. The motion was seconded by Director Jones and the Resolution was adopted by the following roll call vote: Ayes - Director Keith, Vice Mayor Dailey, Directors Castleman and Jones - total 4; Noes - None; Absent - Mayor Mehlburger, Directors Linkous and Wellons - total 3. Mrs. Jo Humphrey, of 5022 West 56th Street in the Geyer Springs Area was present to discuss the State Supreme Court's decision to allow'a landfill permit to be issued to Mr. Worth James for the construction of a 20 -acre landfill just outside the City off Mabelvale Pike. She told the Board that the residents of Geyer Springs are strongly opposed to the location of a landfill at this site. Further Mrs. Humphrey urged the Board to adopt a Resolution that the City will never use a landfill proposed by Worth James on his land east of Mabelvale Pike. Mr. Carleton E. McMullin, City Manager noted that the City recently completed a new landfill and has no intention of using the James site. The following Resolution, No. 5,987, was considered, with the title being: A RESOLUTION DECLARING THE INTENTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS NEVER TO DEVELOP A PIECE OF LAND DESCRIBED AS NE-1, OF SECTION 19 AND NW4 OF SECTION 204N NE4 ALEXA14DER 15' QUAD, OWNED BY MR. WORTH JAMES, AS A SANITARY LANDFILL AND FOR OTHER PURPOSES.; and after a complete reading of the Resolution, there was a motion by Director Castleman that.the Reso- lution be adopted. The motion was seconded by Director Jones and the Resolution was adopted by the following roll call vote: Ayes - Director Keith, Vice Mayor Dailey, Directors Castleman and Jones - total 4; Noes - None; Absent - Mayor Mehlburger, Directors Linkous and Wellons - total 3. In connection with the adoption of the Resolution above, Mr. Willard Johnson, a member of the Little Rock Planning Commission and of Arkansas Community Organizations for Reform Now, requested the City Staff to research the possibility of legal action to block the landfill. City Manager Carleton E. McMullin said that the City Attorney's Staff would review the situation. As there was no further business to be presented or to come .before the Board of :Directors, upon motion of Director Keith, seconded by Director Jones, and by unanimous vote of the members of the Board of Directors present, the meeting was adjourned at 9:00 o'clock P. M. to meet again in regular session on Tuesday, August 15, 1978, at 7:30 o'clock P. M. ATTEST: ( a,14 a Z'r,& City Clerk APPROVED: Vice Mayor 61 Board of Directors Chamber Little Rock, Arkansas August 9, 1978 - 9:30 A. M. ' The Board of Directors of the City of Little Rock, Arkansas met in Special Session, pursuant to authority of Section 19- 708(c), Arkansas Statutes 1947 Annotated, with Vice Mayor Dailey's Notice of Special Meeting to the Board of Directors.being dated August 4, 1978. Vice Mayor Dailey presided, with Jane Czech, City Clerk and the following Directors were present: Directors Keith, Linkous, Castleman and Jones - total 4; Absent - Mayor Mehlburger and Director Wellons - total 2. There being a quorum present and it being announced, the following proceedings occurred: First, Vice Mayor Dailey explained that the Special Meeting was being held for the purpose of considering the granting of a franchise and lease of air rights, (pursuant to Arkansas Statutes Anno- tated 76 -137) as requested by Pulaski Federal Savings and Loan Association and First National Bank in Little Rock. Mr. David Powell, Attorney and Mr. Dickson Flake, Realtor representing Pulaski Federal Savings & Loan Association appeared before the Board of Directors to request the lease of air rights over a of Spring Street, a portion of 4th Street and over a portion of the alley between 3rd and 4th Streets, the three parcels described as follows: Parcel A = All that certain airspace beginning 14'6" above existing pavement on the following described property located West of Lot 5, Block 95, Original City, Little Rock, Arkansas: Beginning at the Southwest corner of Lot 6, Block 95, Original City, Little Rock, Arkansas; thence N 60 48' 24" E 73' to the point of Beginning; thence N 830 14' 41" W 60'; thence N 60 48' 24" E 19.0'; thence S 830 14' 41" E 60'; thence S 60 48' 24" W 19.0 to the point of beginning. Parcel B - All that certain airspace beginning 15' above existing pavement on the following described property located North of Lot 1, Block 95, Original City, Little Rock, Arkansas: Beginning at the Northeast corner of Lot 1, Block 95, Original City, Little Rocky Arkansas; thence N 830 14' 11" W 30' to the point of beginning; thence N 83 14' 11" W 16'; thence N 60 48' 24" E 60'; thence S 830 14' 11" E 16'; thence S 60 48' 24" W 60' to the point of beginning. Parcel C - All that certain airspace beginning 13'7" above existing pavement on the following described property located in Block 96, Original City of Little Rock, Arkansas: Beginning at the Southeast corner of Lot 6, Block 96, Original City; thence ' N 60 48' 07" E 120.0'; thence S 830 14' 41" E 20.0'; thence S 60 48' 07" N 120.0'; thence N 830 14' 11" W 20.0' to the point of beginning. Mr. Flake presented the Site Plan of the proposed new Pulaski Federal Savings & Loan construction project. He introduced Mr. W. P. Gulley and Mr. John Greenway, Officials of Pulaski Federal, who offered to answer any questions the Board Members might have. City Attorney Joseph C. Kemp advised the proposal was legally in order and there was no further discussion; and Resolution No. 5,988 was entitled: A RESOLUTION AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, LESSOR, AND PULASKI FEDERAL SAVINGS & LOAN ASSOCIATION, LITTLE ROCK, ARKANSAS, AS LESSEE, IN SUBSTANT- IALLY THE FORM AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THIS RESOLUTION; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT; AND PRESCRIBING OTHER MATTERS RE- LATING THERETO; . and the Resolution was read in its entirety. A motion was then made by Director Keith and seconded by Director Linkous, which led to adoption of the Resolution by the following roll call vote: Ayes - , Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 2. Em AUGUST 9, 1978, Cont'd. Mr. Ray Metzger, a_businessman and member of the Rock Creek Architectural Review Committee, resid- ing at 15112 West 12th Street, complained to the Board Members that he has had difficulties with garbage ' I pick -up, police and fire protection, and that he has been told that his property is not within the corporate limits; however, he advised that Chief Simpson agrees that he is in the City. He then q ed his "exact status." City Manager Carleton E. McMullin then stated, "Mr. Metzger is within the City Limits; the maps have been corrected, and he will receive all City Services." He extended apologies to Mr. Metzger, advising him that the engineering error had been corrected. At this time a discussion ensued relative to the 1200 -acre Rock Creek Development Plan Mr. Ray Metzger advised the Board that he had resigned from the Architectural Review Committee, along with other members of the Committee. The members of the Committee had been concerned that the City had not legal protection under the City's liability coverage. It was the opinion of Joseph C. Kemp, City At that the Committee was ineligible for coverage because the City has no legal authority over architec style. Mr. Metzger said that Mayor Mehlburger had assured him the.committee could be covered under the City's liability policy at minor expense to the City. The Legal Staff was instructed to study ways to provide legal protection, and Mr. McMullin was asked to bring a recommendation on the matter to the Board. Mr. Metzger also advised that the Catholic Diocese had not submitted covenants on the eighty ' acres they own. The matter of the extension of the Wilbur Mills Freeway to the Rock Creek Parkway was also, discussed. Director Keith commented that "this started out as one of the best zoning,plans we have ever had and it is now falling apart and is in shambles." Mr. McMullin responded, "there are two issues; the Architectural Review Committee and Preservation." Director Linkous said he felt if the City provides liability insurance to_other than actual City Employees, that "we are spending tax dollars." Director Castleman ended the discussion with the statement, "we should set out to make Rock Creek work." Resolution No. 5,989 was then considered, entitled: A RESOLUTION TO THE ARKANSAS HIGHWAY DEPARTMENT TO EXTEND I -630 WHERE IT INTERSECTS THE ROCK CREEK PARKWAY CONNECTING WITH HIGHWAY 10; AND FOR OTHER PURPOSES; and said Resolution was read in full. A motion was made by Director Jones, seconded by Director Keith, for adoption of the Resolution and subsequently to a roll call vote whereby the Resolution was adopted as follows: Ayes.- Director Keith, Vice Mayor Dailey, Directors Linkous, Castleman and Jones - total 5; ' III Noes - None; Absent - Mayor Mehlburger. and Director Wellons - total 2. The last Resolution to be presented was No. 5,990, with the title being: A RESOLUTION REQUESTING THE CATHOLIC DIOCESE TO.SUBMIT ITS COVENANTS ON PROPERTY LOCATED IN ROCK CREEK VALLEY; AND FOR OTHER PURPOSES; which Resolution was read in full; and thereafter adopted upon motion of Director Jones, seconded by Director Keith, and by the following roll call vote: Ayes - Director Keith, Vice Mayor Dailey, Directo Linkous, Castleman and Jones - total 5; Noes - None; Absent - Mayor Mehlburger and Director Wellons - total 2. Mr. David Wittenberg appeared before the Board regarding Zoning Case No. Z- 2934 -E, Tall.Timber, presented a letter of "Petition for Variances" and a protest petition signed by property owners in opposition to the proposed zoning plan recently approved by the Planning Commission. Vice Mayor Dailey advised that a decision would be made, whether or not, the matter will be placed on the Agenda. With there being no further business to be presented or to come before the Board of Directors, ' motion by Director Linkous, seconded by Director Keith and by unanimous vote of.the Board.Members. pre the Board of Directors adjourned at 10:25 o'clock A. M., to meet again in regular session on Tuesday, August 15, 1978,,at 7:30 o'clock P. M. ATTEST: APPROVED: City Clerk Vice Mayo 1 Board of Directors Chamber Little Rock, Arkansas August 15, 1978 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent - None; Director James A. Wellons, Position No. 5, deceased August 11, 1978. A quorum was declared present and the proceedings of the meeting are herein recorded as follows: There was a moment of silent prayer in memory of Director Wellons, followed by the Invocation given by Director Keith. Presented first from the Official Agenda were the Consent Items, consisting of the following: (a) The Minutes of the previous meeting held on August 1, 1978 and the Special Meeting held August 9, 1978. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of June, 1978. (c) Resolution No. 5,991, entitled: A RESOLUTION ACCEPTING THE RESIGNATION OF JOSEPH E. GARDNER AS A COMMISSIONER OF TWIN LAKES RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 1 AND APPOINTING DON G. THURMAN TO REPLACE HIM, AND FOR OTHER PURPOSES; (d) Resolution No. 5,992 with the title being: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE ASPHALT STREET RECYCLING 0 PROGRAM; COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR SIDEWALK IMPROVEMENTS; AND FILL MATERIAL FOR THE LEVEE IN RESERVOIR PARK; AND FOR OTHER PURPOSES; By a motion from Director Linkous, seconded by Director Keith, with all members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summarized to the members of the Board of Directors; (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for June, 1978 was received and filed; and (c & d) Resolutions No. 5,991 and No. 5,992 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; ' Absent - None; Position No. 5, Vacant. There were two Zoning Petitions to be considered next, both approved by the Planning Commission and described as follows: Z -3231 - Petition from James W. Woodard, to rezone Lots 11 and 12 of Block 6, Riffel & Rhotons Forest Park Highlands Addition to the City of Little Rock, from "A" One- family District to "C" Two- family District. Z -3236 - From Charles Darwin Davidson, Attorney for Dutch Pantry, Inc. to rezone the Southwest corner of Scott Hamilton Drive and Interstate 30 (long legal description) from "A" One - family District to "F" Commercial District. As there was no one present in opposition to the rezoning of the above described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,487 as follows) Ordinance No. 13,487 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING , SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading, by motion of Director Keith, seconded by Director Linkous, and by un- animous vote of the members of the Board of Directors present, being six in number and two - thirds or 613 AUGUST 15, 1978, Cont'd. more of the members of the Board of Directors- elect. Upon second reading of the Ordinance, an ensuing motion was made by Director Linkous, seconded by Director Jones, to further suspend the rules to provide ' for the third and final reading of the Ordinance, which motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading.of the Ordinance resulted in an Aye and No Vote taken on the passage of the Ordinance, and'is recorded herein as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. It was therefore, announced that the Ordinance had PASSED. At the Board of Directors Meeting on August 1, 1978, Ordinance No..13,485 was passed, which rezoned the 10,800 Block Weston Kanis Road (Z- 3206), from "A" One- family District to "E -1" Quiet Business District, as approved by the Planning Commission. The matter had been appealed by Don R. Venhaus, because he had requested "E -1" Quiet Business and "F" Commercial Districts. There was a motion at this time from Mayor Mehlburger to expunge the votes on the Ordinance from the record. The Ordinance had received the following five Ayes votes: Directors Keith, Dailey, Linkous, Castleman and Jones; Mayor ' �w Mehlburger and Director Wellons were absent. There was a second by Director Castleman on the motion to I� expunge the votes from the record, with an Aye and No Vote being taken with the following results: 4� ' Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; II Ij Noes - None; Absent - None; Position No. 5 Vacant. tN o There was a proposed Ordinance presented, containing the following title: AN ORDINANCE RECLASSIFYING THE 10,800 BLOCK WEST ON KANIS ROAD, CITY OF LITTLE ROCK, ARKANSAS AMEND- ING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (Z -3206- From "A" One- family District to "E -1" Quiet Business and "F" Commercial Districts) and the Ordinance was read the second time, having been read the first time on August 1, 1978. Mr. Don R. Venhaus, Consultant, representing the seven applicants requested the Board of Directors to approve the recommendation of the Planning Commission of "E -1" Quiet Business on the western lots and refer the other lots back to the Planning Commission for further study on "F" Commercial classification. It was Director Castleman's opinion that the entire matter should be remanded to the Planning Commission. Director Jones commented that she would like for the Board to act on it. Director Linkous then made a motion that We remand the entire application to the Planning Commission." The motion was seconded by Mayor Mehl- ' burger and submitted to the following Aye and No Vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous and Castleman - total 4; Noes - Directors Keith and Jones - total 2; Absent - None; Position No. 5 Vacant. Accordingly, the entire application was returned to the Planning Commission for further study. Presented at this time was Ordinance No. 13,488, described as: AN ORDINANCE RECLASSIFYING PROPERTY IN THE 10,000 BLOCK OF COLONEL GLENN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (Z -3221 - Reclassifying from "A" One- family and Unclassified Districts to "I" Light Industrial District) and the Ordinance was read the third and last time;. the first and second readings having occurred on August 1, 1978. A roll call was taken upon the question, shall the ordinance pass, with the results L- recorded as follows: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. Whereupon, the Ordinance was declared PASSED. ' Ordinance No. 13,489 was considered, entitled: AN ORDINANCE RECLASSIFYING THE 9600 BLOCK OF KANIS ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMEND- ING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; (Z- 2391 -D - Reclassifying from "A" One - family, "C" Two- family, "D" Apartment and "E" Apartment Districts ti "E -1" Quiet Business District.) l 61 and said Ordinance was read the third time, having been read the first and second times on August 1, 1978. A brief discussion followed in which Director Jones referred to the buffer zone. It was her opinion that a 100 ft. buffer is needed, instead of the 35 ft. buffer zone, in order to protect the property owners and to stop strip zoning. Upon question by Director Jones, Mr. John Galbraith, Administrator of the Baptist Medical Center, advised that he would stand firm on the 35 ft. buffer. Director Jones then made a motion to "send this application back to the Planning Commission, particularly with reference to the buffer area." The motion failed for lack of a second. The question of the passage of the Ordinance was at this time submitted to an Aye and No Vote, which resulted as follows: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous and Castleman - total 5; Noes - Director Jones - total l; Absent - None; Position No. 5 Vacant. The Ordinance was declared to have been PASSED. Next to be considered, was an Appeal filed by Mr. Larry B. Barrantine, for Mr. Don Runyan, owner of the property at 7508 and 7515 Azalea Drive in Cloverdale Subdivision, of the Planning Commission's denial on June 27, 1978, of Zoning Petitions Z -3214 and Z -3215 to reclassify the above property from "A" One- family District to "E -1" Quiet Business District. As a Public Hearing had been scheduled for this time and place, Mayor Mehlburger declared the Public Hearing to be open. Mr. Barrantine was the only person to speak to the issue, stating there were no objectors in the neighborhood, that the property is not usable for residential purposes, and requested the Board of Directors to give the proposal favorable consideration. There was no further discussion and Mayor Mehlburger declared the Public Hearing to be closed and a proposed Ordinance to rezone the subject property was placed on first reading. A proposed Ordinance was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance, followed by a motion from Director Linkous to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Mayor Mehlburger, adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. The rules were again suspended to allow for th'e,third and final reading of the Ordinance by a subsequent motion, made and seconded by Director Keith and Mayor Mehlburger, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Direct elect. There was a third and last reading of the Ordinance, and the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith and Linkous - total 2; Noes - Director Dailey, Mayor Mehlburger, Directors Castleman and Jones - total 4; Absent - None; Position No. 5 Vacant. It was announced that the Ordinance had FAILED TO PASS. Then presented was Ordinance No. 13,490, with the description being: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A LEASE AND SECURITY AGREEMENT BETWEEN THE CITY, AS LESSOR, AND ORBIT VALVE COMPANY, AS LESSEE, AUTHORIZING.A SECURED REVENUE NOTE, AN ASSIGNMENT, AND AN EQUIPMENT ACQUISITION AGREEMENT; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; and said Ordinance was read the first time. The rules were then suspended and the Ordinance was placed on second reading, by motion of Director Keith, seconded by Director Linkous, and by unanimous vote of the members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, the rules were again suspended to provide for the third and last reading of the Ordinance; with the motion being made by Director Jones seconded by Director Castleman, and unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Director Keith made a statement that the City should receive a fee,-for services rendered by certain employees in Bond Issues. The Ordinance was then read the third and final time, with the outcome being an Aye and 0 1 AUGUST 15, 1978, Cont'd. No Vote taken on the question, Shall the Ordinance Pass, and resulting as follows: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; ' Absent - None; Position No. 5 Vacant. The Emergency Section contained in Section.9 of the foregoing Ordinance was then read and adopted by the following roll call vote: .Ayes - Directors Keith.and Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. '5 Vacant. It was therefore, declared that the Ordinance, together with the Emergency Section had PASSED. Introduced next was Ordinance No. 13,491, with the title being: AN ORDINANCE REPEALING ORDINANCE NO. 13,264 CODIFIED AS SECTION 31 -26 THROUGH 31 -33 OF THE CODE OF ORDINANCES PERTAINING TO THE POLICE ALARM SYSTEMS; and there was a first reading of the Ordinance. A motion was then made by Director Jones, which was seconded by Director Keith, that the rules be suspended and the Ordinance be placed on second reading; with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was sub- sequently read the second time, resulting in a motion again made by Director Jones for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was again ' seconded by Director Keith, adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more.of the members of the Board of Directors - elect; with the results being a third and last reading of the Ordinance. There was an Aye and No Vote then taken on the question of the passage of the Ordinance, resulting in the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. The Ordinance was then declared PASSED. Presented at this time was Ordinance No. 13,492, entitled: AN ORDINANCE REGULATING AND CONTROLLING POLICE ALARM SYSTEMS; PROVIDING PENALTY FOR VIOLATIONS THEREOF; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance, followed by a motion from Director Jones to suspend the rules and place the Ordinance on its second reading., The motion was seconded by Director Keith, adopted by unanimous vote of.the Board Members present.,-being six in number and two - thirds or more of the members of..the.Board of Directors - elect; and the.second reading of..the Ordinance ensued. The rules were ' again suspended to allow for the third and final reading of the Ordinance by a subsequent motion, made and seconded by Directors Jones and Keith, respectively, and unanimously.adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Ther was a third and last reading of the Ordinance, and,the resulting Aye and.No Vote taken.on the passage of the Ordinance received.the following.response: Ayes - ..Directors Keith, Dailey, Mayor Mehlburger, Directo Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. According- ly, it was announced that the Ordinance had PASSED. ` A Resolution had been placed on the Official Agenda to change the name of Riley Drive to Kellerwood I Drive and City Manager Carleton E. McMullin asked that the matter be withdrawn at this time.. A proposed Ordinance was then presented, containing the following title: AN ORDINANCE PROVIDING FOR MEMBERS OF THE BOARD OF DIRECTORS TO BE ELECTED FOUR (4) FROM DISTRICTS AND THREE (3) FROM THE CITY AT LARGE IN.KEEPING WITH THE PROVISIONS AND AUTHORITY.OF ACT.808, ACTS OF ARKANSAS.OF 1977; REFERRING THIS ORDINANCE TO THE QUALIFIED ELECTORS OF THE CITY FOR APPROVAL OR REJECT- ' ION AT THE GENERAL ELECTION TO BE HELD NOVEMBER 7, 1978; AND FOR OTHER PURPOSES; and the Ordinance was read the second time. Director Linkous presented the following prepared statement: I 61 AUGUST 15, 1978, CONT'D. "In November of 1957 when the City Manager -Board of.Directors form of .government was formally adopted, the people elected their first 7 directors to serve our city under the enabling legislation which required that all candidates run for office city wide and ' be elected as "at large" candidates. Today, 21 years later, we still follow the same criteria. However, times have changed -- -There are some glaring.differences in our city - -- Changes that must be recognized and addressed by our Board and the people that we represent. When the first Board was elected, our city was comprised of approximately 27 square miles. Today we have grown to in excess of 63 square miles and with pending annexations will exceed 77 square miles before the end of this year. Geographically we will have almost tripled in size during these past 2 decades. That first Board with elected officials such as Werner Knoop, G. W. Blankenship, Warren Baldwin, H. L. Winburn, Mrs. Edgar Dixon, Leo Griffin and Letcher Langford were better known to the citizens and more recognizable because of the size and density of our city. As a result, they were more aware of problems and concerns of the people and were better able to relate effectively to policy decisions which addressed those needs. , Today, that is not the case. A recent survey which all of you have copies indicate that 2/3 of our citizens cannot name one single City Director. Certainly, to all of us, this should be alarming. I have never indicated, neither do I now, that our form of government has not served us well. It is a desirable form of government and with certain modifications can restore' and improve our system of giving better representation and more visibility to the people. It is improvement, not destruction of our form of government that I am seeking. We certainly cannot ignore the desires of the people by almost a 2 to 1 majority who prefer that we have some geographical scattering of directors over continuing.the present electoral system. It is certainly not argumentative that most all city directors have in recent years been elected from the western section of our city. This is not to say that, we have been discriminatory in our representation, nor that we have not actively sought to give equal and fair representation to all areas of our city. However, it is an indict- ment that we have not remained visible to the people, and there is some justification that ' a substantial minority (46 %) believe that we favor some group with the rich and "upper class" most often mentioned. We must never lose sight of the fact that local government must be visible to the people, and a truly responsive government in setting policy and enacting ordinances should have representation from all areas of our city. My proposal would in no way weaken our form of government and would not as some critics have stated revert us back to the old ward politics. .Quite the contrary, the elected officials would become more visible to more citizens and would certainly quarantee that all geographical areas of our city would have the opportunity of an elected official at City Hall. We are reaching a point in the political process of elections in Little Rock that only the elite and wealthy will be able to seek this office. The cost is astronomical in running a city wide race and will continue to increase annually. In only a few short months our population will exceed 150,000 people. Can we as "at large" representatives be sensitive and ' knowledgeable of the needs and problems of all areas of our city? My answer is a resounding, No! I am asking you, my fellow directors, to simply allow the people of our city to make the determination whether to implement a modified method of electing 4 directors from districts or 1111111 to retain the present system of all 7 directors elected city wide. 1111111 V/ 1 �I 1 AUGUST 15, 1978, Cont'd. The.1977 Arkansas Legislature gave the Board of Directors the enabling legislation to allow the people-to make that decision.: We have an opportunity to pass an ordinance that will allow the voters to pass judgement .on this proposal in November. As for me, I have confidence in the voters of our city. As I see it, the Board of Directors must let the voters have that final decision. We must never under- estimate the good judgement of the majority of our electorate in their wisdom,'what is in their best interest In the final analysis they will decide, I beg of'you as a board to give them that right. .1.. Dwight Linkous" Director Keith commented that "a case has been filed in the Federal Court that will probably tell us what to do, and until then, I will have to stand in opposition to this proposal." Attorney Jack Young, a former member of the Board of Directors referred to the statement by Director Linkous and said it accurately states the history of Little Rock, adding that when he was on the Board from 1972 to 1976, he had made similar proposals. He further stated that most city residents feel alienated from the Board and that ward elections would make it easier for blacks and women to get elected. He expressed hope that the Board would at least give the people of Little Rock.an opportunity to vote on the matter. Mr. Willard Johnson who was the other speaker to the issue, said the Board should rely on the wisdom of the people who put them on the Board, and put Director Linkous' proposal on the November ballot. T1 was no further discussion and the Ordinance remained on the calendar for third and final reading. There was a proposed Resolution presented, with the following description: A RESOLUTION TO ELIMINATE THE FUNDING OF THE SCHOOL CROSSING GUARDS FOR THE LITTLE ROCK SCHOOL DISTRICT; and there was a complete reading of the Resolution. A discussion followed in which City Manager Carleton McMullin advised that the crossing guard program was funded through December, 1978, in the 1978 City Budget. Director Jones referred to the amount of property tax dollars allocated to the City and to the Schools, adding that the Board should.consider, in determining whether to continue funding for the program, the School District's greater taxation power. The president of the School Board, Mr. Jim Newell, told the Board that "the District is not a well of funds" and that the responsibility fo the guards is clearly the City's because children cross.the streets off of school property. He sugges appointing a School Board Committee to meet with the Board of Directors on the issue. There was no further discussion and Mayor Mehlburger made a motion to postpone the Resolution indefinitely. Director Jones seconded the motion which was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None Position No. 5 Vacant. Presented at this time was Resolution No. 5,993, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT AND LETTER OF AGREEMENT WITH TELECOMMUNICATIONS MANAGEMENT CORPORATION FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. There was a motion at this time by Director Jones to amend the Resolution to "require the Consultant to list the recommendations.by priority." Director Keith seconded the motion which was adopted by unanimous voice vote by the Board Members present. A subseque motion was then made by Director Linkous, seconded by Director Castleman, which resulted in adoption of the Resolution, as amended, by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. Resolution No. 5,994 was presented, and entitled: A 17 AUGUST 15, 1978, CONT'D. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATION FOR THE U. S. DEPT. OF LABOR PURSUANT TO TITLE I AND TITLE III OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973; AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT.AND ANY SUBSEQUENT MODIFICATIONS; AND FOR OTHER PURPOSES; .. . and said Resolution was read in full. A motion was.then made by Director. Castleman that the Resolution be adopted. The motion was seconded by Director Jones; after which a roll call was taken by which the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent.- None; Position No. 5 Vacant.- Introduced next was Resolution No...5,995, described as: A RESOLUTION GRANTING A FRANCHISE TO TGI FRIDAY'S RESTAURANT TO PERMIT PLACING OF LIGHTS AND DECORATIVE BRICK IN THE PUBLIC RIGHT -OF -WAY; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A brief discussion followed in which Mr. Ken Bowen, President of TGI Friday's said "we realize our error in not requesting a franchise before construction." Upon question by Director Keith, he advised their tax on mixed drinks amounts to $74,000 annually. Director Jones questioned whether or not the matter was taken before the Capitol Zoning District Commission. Mr. Bowen replied that, "I think they are satisfied with what we are doing." Mr. Carleton McMullin advised there had been no submission of Plans, and called attention to the possible need for , right -of -way. Director Dailey read a letter from the Capitol Zoning District Commission regarding the project. A motion was made by Director Castleman, seconded by Mayor Mehlburger, that the Resolution i be amended to require "that plans be submitted." This could be helpful to utility companies who might need right -of -way. The Motion was adopted by unanimous voice vote of the Board Members present. A Motion then followed by Director Keith, seconded by Director Linkous, which adopted the Resolution, as amended, by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. Resolution No. 5,996 was presented, containing the following title: A RESOLUTION PROVIDING FOR THE EXECUTION OF A PROPOSED MEMORANDUM OF AGREEMENT BY AND BETWEEN THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK AND THE CITY OF LITTLE ROCK; AND FOR OTHER.PURPOSES; with said Resolution being read in its entirety and subsequently adopted upon motion'of Director Linkous, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent None; Position No. 5 Vacant. Whereupon, the Resolution was declared to have been adopted. There was presented Ordinance No. 13,493, entitled: AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO CONVEY IN FEE SIMPLE TO REBSAMEN COMPANIES, INC. PARTS OF LAND AND $8,800.00 IN EXCHANGE FOR AN EASEMENT IN THE BLAKEMORE DITCH CDBG PROJECT AREA; i AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Linkous, seconded by Director Castleman, which was adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time; after which there was a subsequent motion from Director Jones, again seconded by Director Castleman, that the rules again be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye ' and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. The Ordinance was declared PASSED. Again presented was the Petition of Ann Hendershott by Allan Curry, requesting the vacating and of East 16th Street AUGUST 15, 1978, Cont'd. Garden Homes Addition to the City of Little Rock, as approved by the Planning Commission. A Public Hearing had been scheduled for September 5, 1978, 8.y Resolution No. 5,983, with notice thereof having been duly published on August 11, 1978 and August. 18, 1978 as required by Ordinance. Mr. Martin had requested that the Public Hearing be held.at this time, rather than September 5th, inasmuch as the delay would place a financial burden on the petitioner. Mayor Mehlburger then declared the Public Hearing open. However, there was no one present to address to the issue, and the Public Hearing was declared closed and an Ordinance to close the above described street was placed on first reading. (See Ordinance No. 13,494, as follows) Introduced at this time was Ordinance No. 13,494, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,-ARKANSAS, VACATING AND CLOSING THE STREET IN GARDEN HOMES ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; which Ordinance was read the first time. Director Keith then made a motion, seconded by Director Jones, that the rules be suspended and the Ordinance be placed on second reading, which motion was unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The ensuing second reading of the Ordinance was followed by a motion for a further suspension of the rules to place the Ordinance on third and final reading; with the motion being made by Director Jones, seconded by Director Keith, and unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The third and final reading of the Ordinance, resulted in an Aye and No Vote being taken on.the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. The Ordinance was therefore, declared PASSED. A brief discussion was held at this time in which Mayor Mehlburger questioned the statutory regulations concerning the filling of a vacancy of the Board of Directors.(Direcfor James A. Wellons, Position No. 5, deceased August 11, 1978). City Attorney Jack Magruder advised that the State Statute mandates that when a vacancy occurs on the Board of Directors, the Board Members shall appoint a repla ment to fill the vacancy; and, anything other than an appointment would be unconstitutional. Resolution No. 5,997 was next presented, and entitled: A RESOLUTION ENDORSING THE CONSTRUCTION OF THE EAST BELT FREEWAY BRIDGE; FILING A PETITION TO INTERVENE IN THE PENDING LAWSUIT TO CONTINUE CONSTRUCTION; AND FOR OTHER PURPOSES; and said Resolution was read in full. A motion was made by Director Keith, seconded by Director Dailey, that the Resolution be adopted. A roll call was taken and the Resolution was.adopted by the following vote: Ayes - Directors.Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. Mr. Carleton E. McMullin, City Manager advised the Board of Directors that Telecommunications Management Corporation will be meeting with the Board in three sessions regarding Cable TV. After discussion, the first session was set for August 23, 1978 at 8:30 o'clock A. M. Director Jones requested the Staff to prepare a Resolution commending the Summer Arts Festival Committee for the fine summer program, to be presented at the next Board Meeting. Under Citizen Communications, Mr. Ray Metzger addressed the Board on the need for widening Markham Street between Shackleford Road and Rock Creek Parkway. Mr. Danny Thomas, a Realtor, read a letter regarding these needs. City Manager Carleton McMullin suggested that this matter could be.placed on a future agenda. ' Mr. Jim Newell, President of the Little Rock School Board who spoke'to the Board earlier relative to the School Crossing Guards, expressed his appreciation to the Board for postponing the Resolution, adding "when the time comes for appropriating funds, we would like to hear from you and would be happy to send a committee to meet with you." v/ J AUGUST 15, 1978, Cont'd. Mr. David Wittenberg of the Pecan Lake Subdivision was the last person to speak to the Board. The Zoning Petition (Z- 2934).to rezone property in Tall Timber from "A" One- family District, to Various had been placed on the Tentative Agenda of, August 9, 1978. The matter was deferred at that time, how- ever Mr. Wittenberg said he.had -been advised that the matter would be considered at this time. He questioned, "are you going to consider the zoning tonight ?" He was advised that the matter would be placed on the September 5th Agenda. At 9:45 o'clock P. M. Director Keith made a motion that the Board meet in Executive Session to discuss an appointment to the Advertising and Promotion Commission. The motion was seconded by Di Dailey and adopted by unanimous voice vote by the Board of Directors present. Board of Directors Chamber Little Rock, Arkansas August 15, 1978 - 10:35 P. M. The Board of Directors of.the City of Little Rock, Arkansas reconvened from Executive Session with Mayor Mehlburger presiding and Jane - Czech, City Clerk and the following Directors present: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent -.None; Position No. 5 Vacant. ' Mayor Mehlburger announced that he had been appointed as a representative of the Board of Directors on the Advertising and Promotion Commission, and Resolution No. 5,998 was presented, entitled: A RESOLUTION APPOINTING A REPRESENTATIVE OF THE BOARD OF.DIRECTORS TO THE ADVERTISING AND PROMOTION COMMISSION; AND FOR OTHER PURPOSES; .. (To fill vacancy caused by death of Director James A. Wellons) and the Resolution was read in its entirety; and thereafter adopted upon motion of Director Keith, seconded by Director Dailey, and by the following roll call.vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total,6; Noes - None; Absent - None; Position No. 5 Vacant. Mayor Mehlburger announced that a vacancy on the Civil Service Commission will be considered on September 5, 1978. There being no further business to be presented or to come before the Board of Directors, upon motion of „Director Keith, seconded by Director Dailey, the meeting was adjourned at 10:40 o'clock P. M., to meet again in regular session on Tuesday, September 5, 1978 at 7:30 o'clock P. M. , ATTEST: APPROVED.: n City Clerk Mayor Y Board of Directors Chamber Little Rock, Arkansas September 5, 1978 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent - None; Position No. 5 Vacant. ings: It was announced that a quorum was in attendance, and-the following is an account of the proceed- The Invocation was given by Director Dailey. The first presentation was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held on August 15, 1978. (b) Resolution No. 5,999, entitled: A RESOLUTION OF APPRECIATION AND COMMENDATION TO THE SUMMER ARTS FESTIVAL; AND FOR OTHER PURPOSES. ' (c) Resolution No. 6,000, with the title being: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR PLATFORM STRUCTURE FOR TRAFFIC BUILDING, GUNITE REPAIR WORK AT THE ZOO, ANNUAL SERVICE CONTRACT FOR COMPUTER EQUIPMENT, CENTER SITE PREPARATION AND IMPROVEMENTS ON THE VEHICLE MAINTENANCE,/TIRE CHAINS; AND FOR OTHER PURPOSES. By a motion from Director Keith, seconded by Director Linkous, which was adopted by unanimous voice vote of the Board Members present -, the Consent Agenda was dispensed with as follows: (a) The Minutes of the previous meeting held August 15, 1978 were approved as written and summarized to the members of the Board of Directors; and (b & c) Resolutions No. 5,999 and 6,000 were read in full and adopted by th following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castle- man and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. Again presented, was the Petition of HaliReed Black, Jr., John H. Jacobs, et al, requesting the vacating and closing of all of a 20' alley lying between Lot 179, Prospect Terrace No. 2 and Lot 180, Prospect Terrace No. 3, both being Additions to the City of Little Rock, Arkansas, as approved by the Planning Commission. A Public Hearing had been,scheduled for this time and place by Resolution No. 5,982, with notice thereof having been duly published on August 11, 1978 and August 18, 1978 as requir by Law. Mayor Mehlburger then declared the Public Hearing open. However, there was no one present to address to the issue, and the Public Hearing was declared closed and an Ordinance to close the above - described alley was placed on first reading. (See Ordinance No. 13,495 as follows) Introduced at this time was Ordinance No. 13,495, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE 20' ALLEY BETWEEN LOT 179, PROSPECT TERRACE NO. 2 AND LOT 180, PROSPECT TERRACE NO. 3 BOTH BEING ADDITIONS TO THE CITY OF LITTLE ROCK, ARKANSAS; which Ordinance was read the first time. Director Dailey then made a motion, seconded by Director Keith, that the rules be suspended and the Ordinance be placed on second reading, which motion was un- animously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The ensuing second reading of the Ordinance was followed by a motion for a further suspension of the rules to place the Ordinance on third and final reading; with the motion being made by Director Keith, seconded by Director Dailey, and unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and final reading of the Ordinance resulted in an Aye and No Vote being taken on the question, Shall the Ordinance Pass, which is recorded as follows: V/ S E E P A G E N 0. 6 2 3 C II 1.1693 SEPTEMBER 5 1978, Cont'd. Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. The Ordinance was therefore, declared PASSED. A Public Hearing had been scheduled for this time and place by Resolution No. 5,981, which had been duly advertised in accordance with State Statutes, on August 11, 1978 and August 18, 1978. The Hearing was set for the purpose of discussing the Petition of ArktickIce, Inc. and Missouri Pacific c Railroad Company, requesting the vacating and closing of a portion of an Alley in Block 5 of Russell's Addition to the City of Little Rock, Arkansas, which Petition had received the approval of the Planning Commission. The Public Hearing was declared to be open; there were no opponents present to speak on th issue; the Public Hearing was then declared to be closed, and a related Ordinance was placed on First Reading. (See Ordinance No. 13,496 as follows) Ordinance No. 13,496 was presented, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING A PORTION OF AN ALLEY IN BLOCK 5 OF RUSSELL'S ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS; said Ordinance was read the first time; after which there was a motion by Director Dailey, seconded by Director Keith, that the rules be suspended and the Ordinance be placed on second reading. The motion ' was unanimously adopted by members of the Board of Directors present, being six in number and two -third the members of the Board of Directors - elect. Upon second reading of the Ordinance, a motion or more of again made to suspend the rules to allow for the third and final reading of the Ordinance at this was time; with the motion being made by Director Keith, seconded by Director Dailey, and adopted by unanimo vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the resulting vote being recorded as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Link- , ous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. Whereupon, the Ordinance was declared PASSED. A Public Hearing had been scheduled for this time and place by Resolution No. 5,984, to hear arguments on the Petition from James A. Huff of the Rock Street Development Association and the Ark - ansas Highway Department, to vacate and close that part of 30th Street (formerly 29th Street) beginning in the west at aline between the Northwest corner of the East Half of Lot 31 of the Mary Ann Addition as recorded in Plat Book 1 at Page 75 and the Southwest corner of Lot 8 of the Mary Ann Addition as recorded in Plat Book 1 at Page 75 and continuing to Rock Street; and, that,part of Rock Street border- ing Lot 38 of the Mary.Ann Addition as recorded in Plat Book 1 at Page 75, 30th Street (formerly 29th Street), and part of Lot 1 of the Mary Ann Addition as recorded in Plat Book 1 at Page 75, in the City of Little Rock, Arkansas. As Notice had been duly published on August 11, 1978 and August 18, 1978, as required by Law, Mayor Mehlburger declared the Public Hearing to be open. The only person to be i heard was Mr. Melvin Higgins, a resident of the area, and after the street closure was explained to him no opposition was presented by Mr. Higgins or anyone else. Mayor Mehlburger declared the Public Hear- ing to be closed and the Ordinance was placed on first reading to vacate the above -named streets. (See Ordinance No. 13,497 as follows) Introduced at this time was Ordinance No. 13,497, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING PARTS OF ROCK AND 30TH STREETS BORDERING AND WITHIN THE MARY ANN AND QUAPAW ADDITIONS TO THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time, followed by a motion from Director Dailey to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Keith and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and a�second reading of the Ordinance ensued. The rules 62 I SEPTEMBER 5, 1978, Cont'd. _ were again suspended and the Ordinance placed on its third and final reading by a motion made and second- ed by Directors Keith and Dailey, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Following , the third and last reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Director I Linkous, Castleman and Jones - total 6; Noes ,- None; Absent - None; Position No. 5 Vacant. It was announced that the Ordinance had PASSED. Zoning Petition No. Z -2934 from Tall Timber Development Corporation by Mr. Dewey Buffington, President, was presented next containing a request for rezoning of various properties in the Pecan Lake Area, from "A" One- family District to "Various Zones" (see petition for long legal description). The proposed rezoning had received the approval of the Planning Commission. (See Ordinance No. 13,498 below There was presented Ordinance No. 13,498, with the caption being: AN ORDINANCE RECLASSIFYING 885 STAGECOACH ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2, OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Director Jones stated that after talking with the petitioner and the residents of the area who opposed the rezoning as presented, an agreement had been reached. She then moved that the Ordinance be amended to provide that "Tracts 11 2 and 4 be zoned 'E -1' Quiet Business , Tract 5 be deleted; Tract 7 be zoned 'F' Commercial; Tract 8 be zoned 'E -1' Quiet Business and Tract 9 be zoned 'MF -18' Multi - family District." Director Jones also, read a portion of a Covenant running with the land, dealing with buffers, to be recorded and filed with the petition. With no further discussion, Director Keith seconded the motion to amend the Ordinance, which was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. There was a subsequent motion to provide for the suspension of the rules to place the Ordinance, as amended, on second reading, from Director Linkous and seconded by Director Dailey, which was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, as amended, and an ensuing motion by Director Keith, second ed by Director Jones, that the rules be again suspended and the Ordinance be placed on third and final reading. The motion was then adopted by unanimous vote of the members of the Board of Directors present being six in number and two - thirds or more of the members of the Board of Directors - elect; and the third , and last reading of the Ordinance, as amended, followed. The resulting Aye and No Vote taken on the question, Shall the Ordinance Pass, received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; i Position No. 5 Vacant. It was declared that the Ordinance, as amended, had PASSED. At this time, Ordinance No. 13,499 was presented, with the title being: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONERS OF SEWER IMPROVEMENT DISTRICT NO. 144 OF LITTLE ROCK, ARKANSAS; (Area of Euclid Place and John Barrow Area - Appointing Cecil M. Atwood) with there being a first reading of the Ordinance. Fileddin connection with the Ordinance was a Petitio recommending the appointment of Cecil M. Atwood to the vacancy caused by the resignation of 0. J. John- ston on the Board of Commissioners of the District. The rules were then suspended and the Ordinance placed on second reading, by motion of Director Linkous, seconded by Director Dailey, and by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a sub- ' sequent motion by Director Keith, seconded by Director Dailey, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and a third and last reading of the Ordinance ensued. The Aye and No Vote was taken / Y SEPTEMBER 5, 1978, Cont'd. Introduced at this time was a proposed Ordinance, with the title being: AN ORDINANCE PROVIDING FOR MEMBERS OF THE BOARD OF DIRECTORS TO BE ELECTED FOUR (4) FROM DISTRICTS AND THREE (3) FROM THE CITY AT LARGE IN KEEPING WITH THE PROVISIONS AND AUTHORITY OF ACT 808, ACTS OF ARKANSAS OF 1977; REFERRING THIS ORDINANCE TO THE QUALIFIED ELECTORS OF THE CITY FOR APPROVAL OR REJECT- ION AT THE GENERAL ELECTION TO BE HELD NOVEMBER 7, 1978; AND FOR OTHER PURPOSES; and the Ordinance was read the third and last time, having been read the first and second times on August 1, 1978 and August 15, 1978, respectively. Several persons were in attendance requesting the passage of the Ordinance. Ms. Margaret McCraney, a member of Arkansas Community Organizations for Reform Now (ACORN), was the first to speak. She said "blacks are not represented at all, and that ward I on the question, Shall the Ordinance Pass, with the resulting vote being described as follows: Ayes - IIII Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. The Ordinance was then declared PASSED. Resolution No. 6,001, was presented next described as: A RESOLUTION AUTHORIZING THE CITY OF LITTLE ROCK TO PARTICIPATE IN THE SEWER IMPROVEMENT DISTRICT NO. 144, EUCLID PLACE, JOHN BARROW ADDITION, LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Dailey that the Reso- lution be adopted. The motion was seconded by Director Castleman; after which a roll call was taken by which the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Director: Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. Introduced next was Ordinance No. 13,500, with the caption being: 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 AND ASSIGNING SAME TO WARDS; (Court Order dated July 17, 1978 - Approximately 19.95 acres on the South Side of 36th .Street, one - half mile east of Shackleford Road - "Westbrook Addition ") and there was a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Keith, seconded by Director Linkous, which was adopted ' by unanimous vote of the Board Members present, being six in number and two- thirds or more of the member, of the Board of Directors - elect. The Ordinance was read the second time; after which there was a sub- sequent motion from Director Keith, again seconded by Director Linkous, that the rules be suspended and the Ordinance be placed on its third and final reading.. The motion was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. Therefore, the Ordinance was declared to have PASSED. Resolution No. 6,002 was considered next, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AGREE TO GIVE THE MERCANTILE NATIONAL BANK OF DALLAS WRITTEN NOTICE OF DEFAULT BY STRICKLAND TRANSPORTATION COMPANY IN THE PAYMENT OF PRINCIPAL AND INTEREST _ ON ACT 9, BONDS, AND TO GRANT A CURATIVE PERIOD; AND FOR OTHER PURPOSES; and said Resolution was read in full. A motion was made by Director Linkous, seconded by Director Keith for adoption of the Resolution and subsequently to a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None;, Position No. 5 Vacant. Introduced at this time was a proposed Ordinance, with the title being: AN ORDINANCE PROVIDING FOR MEMBERS OF THE BOARD OF DIRECTORS TO BE ELECTED FOUR (4) FROM DISTRICTS AND THREE (3) FROM THE CITY AT LARGE IN KEEPING WITH THE PROVISIONS AND AUTHORITY OF ACT 808, ACTS OF ARKANSAS OF 1977; REFERRING THIS ORDINANCE TO THE QUALIFIED ELECTORS OF THE CITY FOR APPROVAL OR REJECT- ION AT THE GENERAL ELECTION TO BE HELD NOVEMBER 7, 1978; AND FOR OTHER PURPOSES; and the Ordinance was read the third and last time, having been read the first and second times on August 1, 1978 and August 15, 1978, respectively. Several persons were in attendance requesting the passage of the Ordinance. Ms. Margaret McCraney, a member of Arkansas Community Organizations for Reform Now (ACORN), was the first to speak. She said "blacks are not represented at all, and that ward I elections would accomplish this representation. Mrs. Billie Jo Humphrey, also a member of ACORN, IIII commented that ward elections might give rise to "favoritism ";but, this would be outweighed by the c ties and better awareness a ward director would have with his or her constituency. Mr. Jeffrey Hawkins, a member of the Pulaski County Quorum Court, and Alice Sanders, a citizen, both echoed the statements made by Ms. McCraney and Mrs. Humphrey. Mr. Willard Johnson, an ACORN official, said there are persons 62 SEPTEMBER 5, 1978, Cont'd. in all sections of the City who should have an opportunity to participate more in their local govern- ment, and that he had advocated this type of municipal election for years. At this point in the discuss- ion, Director Jones read a prepared statement.in which she stated she had researched a change from an , at -large election system to a ward system in San Francisco. "The change to wards resulted in four times as many candidates filing for positions, but the number to which any one voter was exposed was reduced. In the present system in Little Rock, each voter can cast votes for seven different directors to re- present them. Under the ward plan presented, each voter would cast votes for only four directors. With our at -large system, the candidates now must face city -wide audiences. We now have much more publicity and airing of views concerning city -wide issues as opposed to the ward method of pledges for programs with local substance. My worry is that localized matters would be prioritized as city -wide issues." Director Linkous stated that he was very disappointed that the people will not be given an opportunity t speak, and urged that this issue be kept before the Board, adding that he did not agree with the San Francisco Report. Mayor Mehlburger commented that he could support other changes pertaining to electing directors, specifically setting a salary for city directors, lowering the minimum age below thirty and placing a limit on campaign expenditures and campaign contributions. There was no further discussion an a roll call was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: , Ayes - Directors Dailey and Linkous - total 2; Noes - Director Keith, Mayor Mehlburger, Directors Castleman and Jones - total 4; Absent - None; Position No. 5 Vacant. Whereupon, the Ordinance was declared to have FAILED. The next matter to be presented was Ordinance No. 13,501, with the following title: AN ORDINANCE CONDEMNING CERTAIN BUILDINGS IN THE CITY OF LITTLE ROCK AS STRUCTURAL, FIRE AND HEALTH HAZARDS; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO RAZE AND DEMOLISH SAID BUILDINGS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the.Ordinance being read the first time. The rules were then suspended and the Ordinance was placed on second reading, by motion of Director Keith, seconded by Director Dailey, and by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. A second reading of the Ordinance took place, followed by an ensuing motion for a further suspension of the rules to provide for the third and final reading of the Ordinance; with the motion being made by Director Dailey, seconded by Director Linkous, and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two- thirds or , more of the members of the Board of Directors- elect. The Ordinance was then read the third and last time; whereupon, an Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the follow- ing results: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. The Emergency Section, being Section 5 of the foregoing Ordinance was read and adopted by the ing roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. It was therefore, announced that the Ordinance, together with the Emergency Section had PASSED. Ordinance No. 13,502 was presented and described as: AN ORDINANCE AMENDING SECTION 7 -19 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PERTAINING TO THE LICENSING OF DOGS, LICENSE FEES, TAGS AND FOR OTHER PURPOSES; (Seeing Eye Dogs) with there being a first reading of the Ordinance, followed by a motion from Director Keith, seconded by Director Linkous, that the rules be suspended and the Ordinance be placed on second reading. The motion was adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordi- nance ensued. A motion was then made for a further suspension of the rules to provide for the third and final reading of the Ordinance at this time; with the motion being made by Director Linkous, seconded by r SEPTEMBER 5, 1978, Cont'd. Director Dailey, and unanimously adopted by members of the Board of Directors present, being six in I number and two-thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, resulting in an Aye and No Vote being taken on the question, Shall the Ordinance Pass, and the vote is herein recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - -None; Position No. 5 Vacant. The Ordinance was then declared PASSED. 9 Next presented was Ordinance No. 13,503, with the description being: AN ORDINANCE AMENDING ORDINANCE NO. 13,486 KNOWN AS THE CABLE TELEVISION ORDINANCE; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Keith, which was seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on second reading; with the motion being unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was sub- sequently read the second time, resulting in a motion by Director Dailey for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Linkous, adopted by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect; with the outcome being _ a third and last reading of the Ordinance. There was an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. The Ordinance was then declared PASSED. Resolution No. 6,003 was introduced with the following heading: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, ENDORSING A ONE CENT SALES TAX INCREASE TO BE IMPOSED STATE -WIDE AND TURNED BACK'TO CITIES AND COUNTIES; AND FOR OTHER PURPOSES; - and there was a complete reading of the Resolution; after which a motion from, Director Jones,-seconded by Director Dailey, resulted in a roll 'call vote adopting the Resolution as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 5; Noes - None; Present and Abstaining - Director Keith - total 1; Absent - None; Position No. 5 Vacant. Presentation of Resolution No. 6,004 was then made, with the title being: A RESOLUTION TO THE ARKANSAS DEPARTMENT OF HIGHWAYS AND TRANSPORTATION TO INVESTIGATE AND CONSIDER VARIOUS FUNDING SOURCES AVAILABLE TO THE DEPARTMENT FOR IMPROVING OR ASSISTING IN THE IMPROVEMENT OF THAT AREA OF'MARKHAM STREET FROM SHACKLEFORD ROAD TO THE ROCK CREEK PARKWAY; AND FOR OTHER PURPOSES; with there being a full 'reading of said'Resolution, which was thereafter adopted upon motion of Director Keith, seconded by Director Jones, and by the following roll call vote: Ayes - Directors Keith,;Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. '5 Vacant. Ordinance No. 13,504 was presented with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR THE PURCHASE OF OFFICE EQUIPMENT AND LAW BOOKS FOR THE OFFICE OF CITY ATTORNEY; AND FOR OTHER PURPOSES; - ($17,259.25) with said Ordinance being read the first time. The rules were then suspended and the Ordinance placed on second reading, by motion of Director Linkous, seconded by Director Jones, and by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, followed by a motion fro Director Keith, seconded by Director Jones, that the rules again be suspended and the Ordinance be / placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - 6231 SEPTEMBER 5, 1978, Cont'd. elect; and there was a subsequent third and last reading of the Ordinance. The question, Shall the Ordinance Pass, resulted in the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position , No. 5 Vacant. An announcement was made that the Ordinance had PASSED. At this point, a group of citizens were present to speak under "Citizen Communications ", and to lend their support to, and request, the appointment of Mr. Charles Bussey to the vacant position on the Board of Directors. Rev. John Phillips and Rev. Allen Washington were spokesmen for the group, stating that Mr. Bussey is a proven leader with concern for "the grassroots" and the poor. Rev. Washington said "the supporters came to the Board Meeting to dispel the myth that the black community does not support Charles Bussey." Mrs. Bernetta McGuire, an ordained Methodist Minister, also spoke in support of Mr. Bussey. At this time, Mayor Mehlburger announced that the Board has set a schedule to make the appoint- ment to fill Position No. 5 on September 19th. He advised that resumes should be submitted at least by noon this Friday (September 8th). Further, that on Tuesday, September 12th, a special meeting will be held to review the resumes and to decide when and where to hold the interviews. i The other speaker was Mr. J. Ronald Newman, Chairman of the Capitol Zoning District Commission. Mr. Newman read a letter dated August 31, 1978 addressed to the Board of Directors, which called a attention to Resolution No. 5,849 authorizing a mutual cooperation agreement for enforcement of city- ' state regulations in Capitol and Mansion Areas of the Capitol Zoning District. The letter suggestedhat that procedures had not been followed in the granting of a franchise to TGI Friday's Restaurant at 1401 West 3rd Street. Further, the letter stressed the importance of the Little Rock Board of Directors complying with the required provisions of Resolution No. 5,849 and Act 267 of 1975 in future deliberatio Director Keith pointed out to Mr. Newman the matter of the demolition of a house at 1417 West 3rd Street which has not been cleared from the lot and is very unsightly to the neighborhood. Mr. Newman requested the cooperation of the Board in the future and there was no further discussion. At 9 :15 o'clock P. M. a motion was made by Director Linkous, seconded by Director Keith, that the Board recess to Executive Session for the purpose of discussing appointments to various Boards and Commissions. The motion was adopted by unanimous voice vote of the Board of Directors present. Board of Directors Chamber Little Rock, Arkansas , September 5, 1978 - 9:40 P. M. The Board of Directors of the City of Little Rock , Arkansas reconvened from Executive Session with Mayor Mehlburger presiding and Jane Czech, City Clerk and the following Directors were present: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent - None; Position No. 5 Vacant. There was a quorum present and Resolution No. 6,005 was presented, which contained the following caption: A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Appointments to the City Safety Commission, City Beautiful Commission, Civil Service Commission, and Economic Opportunity Agency) and said Resolution was read in full. There was a motion then made by Director Linkous, seconded by Director Keith, which resulted in a roll call vote adopting the Resolution as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent , None; Position No. 5 Vacant. 99 SEPTEMBER 5,^1978, Cont'd. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Linkous, seconded by Director Dailey, and by unanimous vote of the member ' of the Board of Directors present, the meeting was recessed until Tuesday, September 12, 1978 at 7:30 o'clock P. M., for the purpose of reviewing resumes to fill the position now vacant on the.Board of Directors. I ATTEST : / y�(�'�/ APPROVED; \\I ` City Clerk Mayor I �l 1 330 Board of Directors Chamber Little Rock, Arkansas September 12, 1978 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from September 5, 1978 with Mayor Mehlburger presiding, and Assistant City Manager Mahlon Martin calling the roll with the following Directors present: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent •- None; Position No. 5 Vacant. There was a quorum in attendance and a Motion was made by Director Dailey, seconded by Director Keith, that the Board go into Executive Session to review resumes submitted by persons desiring appointment to Position No. 5 on the Board of Directors. The Motion was adopted by unanimous voice vote of the Board Members present. At 8 :30 o'clock P. M. the Board of Directors reconvened in the Board Chamber from Executive Session with the following Directors present: Mayor Mehlburger, Directors Keith, Dailey, Linkous, Castleman and Jones - total 6; Absent - None; Position No. 5 Vacant. With a quorum present, Mayor Mehlburger announced that after review of resumes submitted, the following had been chosen as applicants: Mr. Charles Bussey Mrs. Lottie L. Shackelford Mr. Webster Hubbell Mr. Willard•Johnson Mr. Bob Nash Mr. Melvin Lawson Mayor Mehlburger further announced that interviews of these six persons will be conducted on Saturday, September 16th. There was no further business to be presented and upon motion by Director Linkous, seconded by Director Dailey and by unanimous vote of the Board Members present, the meeting was recessed at 8:40 o'clock P. M. to reconvene in Executive Session at 7:00 o'clock P. M. on Tuesday, September 19th, for the selection of a Board Member to fill Position No. 5 now vacant, due to the death of Director James A. Wellons. ATTEST: cr-;, APPROVED: %Ll 114W City Clerk Mayor V i l 31 Board of Directors Chamber Little Rock, Arkansas September 19, 1978 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from September 12, 1978 with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent - None; Position No. 5 Vacant. Mayor Mehlburger announced that a quorum was present, and a Motion was made by Director Linkous, i seconded by Director Dailey, that the Board of Directors recess to the Conference Room in Executive Session, to discuss the appointment of a Director to Position No. 5. The Motion was adopted by un- animous voice vote of the Board Members present. At 7:20 o'clock P. M. the Board of Directors returned to the Board Chamber with Mayor Mehlburger presiding and the following Directors answering roll call: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent - None; Position No. 5 Vacant. The first announcement by Mayor Mehlburger was concerning the resignation of Director Castleman, ' Position No. 6. Mayor Mehlburger stated that effective at midnight, September 19, 1978, Director Castleman had announced his resignation from the Board of Directors. With Director Castleman's resign- ation, this wiIIJ11e e`two£ vacancies on the Board of Directors. Therefore, the two following Ordinances were presented for consideration. Ordinance No. 13,505 was then presented, entitled: AN ORDINANCE APPOINTING MRS. LOTTIE SHACKELFORD TO FILL A VACANCY IN THE OFFICE OF DIRECTOR OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Position No. 5 - Unexpired term of James A. Wellons) with there being a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on second reading, by motion of Director Keith, seconded by Director Dailey, and by unanimous vote of the members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Linkous, seconded by Director Keith, that the rules again be suspended and the Ordi- nance be placed on third and final reading. The motion was unanimously adopted by members of the Board of Directors present, being six in number and two- thirds or more of the members of the Board of Directors - elect; and a third and last reading of the Ordinance ensued. The Aye and No Vote was then taken on the question, Shall the Ordinance Pass, with the resulting vote being described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None;. Absent - None; Position No. 5 Vacant. With the passage of the Ordinance', it was announce that Mrs. Lottie Shackelford had been appointed to fill Position No. 5 on the Board of Directors. The Emergency Section, being Section 2 of the foregoing Ordinance, was read and adopted by the following roll call vote: 'Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castle - manyand':Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. The Ordinance, together with the Emergency Section, was then declared PASSED. The other Ordinance, No. 13,506, was presented with the caption being: AN ORDINANCE APPOINTING WEBSTER HUBBELL TO FILL A VACANCY IN THE OFFICE OF DIRECTOR OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Position No. 6 - Unexpired term of Billy M. "Mike" Castleman) and the Ordinance was read the first time; whereupon the rules were suspended to provide for the second reading of the Ordinance, with the motion being made by Director Keith, seconded by Director Dailey, and unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. There was a second reading of the Ordinance, and I � I ✓ SEPTEMBER 19, 1978, Cont'd. an ensuing motion by Director Linkous, seconded by Director Keith, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was then adopted by unanimous vote,.of the members of the Board of Directors present, being six in number and two - thirds or more of the members of ' the Board of Directors - elect; and the third and last reading of the Ordinance followed. The resulting Aye and No Vote taken on the question, Shall the Ordinance Pass, received the following response: Ayes Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous and Jones - total 5; Noes - None; Abst ing Director Castleman - total 1; Absent - None; Position No. 5 Vacant. The Emergency Section, being Section 2 of the foregoing Ordinance was read and adopted by the fo ing roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous and Jones - total 5; Noes - None; Abstaining - Director Castleman - total 1; Absent - None; Position No. 5 Vacant. It was therefore, announced that the Ordinance, together with the Emergency Section had PASSED. There was no further business to be presented or to come before the Reconvened Meeting and upon motion of Director Keith, seconded by Director Linkous, the meeting was adjourned at 7:40 o'clock P. M. to be followed by the Regular Meeting of the Board of Directors. The motion was unanimously adopted by the Board of Directors present. Board of Directors Chamber Little Rock, Arkansas September 19, 1978 - 7:40 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in regular session at 7:40 o'clock P. M. with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Absent - None; Position No. 5 Vacant until Director Shackelford takes Oath of Office, to be administered to Directors Shackel- ford and Hubbell, at a later date. As there was a quorum in attendance, it was therefore announced, and the following proceedings occurred: The Consent Agenda was presented first, and consisted of the following items: (a) The Minutes of the previous meeting held on September 5, 1978 and the Reconvened Meeting held on September 12, 1978. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of July, 1978. (c) Resolution No. 6,006, entitled: A RESOLUTION ACCEPTING BIDS & AWARDING CONTRACTS FOR TRAFFIC SIGNAL CONTROL EQUIPMENT, FOR THE SERVICE CONTRACT FOR PREVENTATIVE MAINTENANCE OF COMMUNICATION & F M RADIO EQUIPMENT; AND FOR OTHER PURPOSES. By Motion of Director Keith, seconded by Director Linkous,.and a roll call vote with all members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minutes of the previous meeting held on September 5, 1978 and the Reconvened Meeting on September 12, 1978 were approved as written and summarized to the Board of Directors; (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; and (c) Resolution No. 6,006 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. Zoning Petition No. Z -3247 was next presented from Thomas H. McGowan requesting the reclassificatio ' of Lot 4, Block 7, Plateau Addition, described as 314 South Oak Street in the City of Little Rock, from IV Residence District to "C" Two - family District, as approved by the Planning Commission. There being no persons in attendance to present opposition to the Petition, an Ordinance to reclassify this property was placed on first reading. (See Ordinance No. 13,507,`onIneict page) i 33 i SEPTEMBER 19, 1978, Cont'd. There was presented at this time Ordinance No. 13,507, with the title being: .AN ORDINANCE RECLASSIFYING 314 SOUTH OAK STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ' SECTION'43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and there was a first reading -of the Ordinance. A Motion was then made by Director Linkous; which was seconded by Director Keith, that the rules be suspended and the Ordinance be placed on second reading; with the Motion being unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was sub- sequently read the second time, resulting in a Motion by Director Dailey for a further suspension of the rules to allow for the third and final reading of the Ordinance. The Motion was seconded by Director Keith, adopted by unanimous vote of the members of the Board of Directors present,.being six in number and two- thirds or more of the members of the Board of Directors - elect; with the outcome being a third and last reading of the Ordinance. There was an Aye and No Vote then taken on the question, Shall the Ordinance Pass, resulting in the following'vote: Ayes - Directors Keith, Dailey; Mayor Mehlburgerzand Director Linkous - total 4; Noes - Directors Castleman and Jones - total 2; Absent - None; Position No. 5 Vacant. The Ordinance was declared PASSED. next matter to be considered was a proposed Ordinance, with the description being: .The AN ORDINANCE RECLASSIFYING THE 10,800 BLOCK WEST ON KANIS ROAD, CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES'OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (From "A" One- family District to "E -l" Quiet Business and "F" Commercial Districts - Don R. Venhaus, Applicant) and the proposed Ordinance was read the second time, having been read the first time on August 1, 1978 and remanded to the Planning Commission for further study. On August 29, 1978, the Planning Commission voted to deny reconsideration of, or approval of "F" Zoning on the property by a vote of 3 Ayes, 4 Noes, 4 Absent. The rules were then suspended:to provide for the third and last reading of the Ordinance; with the motion being made by Director Keith, seconded by Director Dailey, and unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The proposed Ordinance was then read the third and final time, with the results being an Aye and No Vote taken on the passage of the Ordinance, with the outcome recorded as follows: Ayes - Directors Dailey, Linkous and Castleman - total 3; Noes - Director;Keith, Mayor Mehlburger and Director Jones - total 3; Absent - None; Position No. 5 Vacant. It was declared that the Ordinance had FAILED. In connection with the Zoning proposal for the 10,800 Block West on Kanis Road, another Ordinance, No. 13,508, was presented entitled: AN ORDINANCE RECLASSIFYING THE 10,800 BLOCK WEST ON KANIS ROAD, CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -3206 - Reclassified from "A" One- family District to "E -1" Quiet Business District) with the Ordinance being read the first time. There was a Motion made at this time by Director Linkous, i seconded by Director Dailey, that the rules be suspended and the Ordinance be placed on second reading. The Motion was unanimously adopted by members of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect, with the second reading of the Ordinance following. A subsequent Motion was then made by Director Keith, seconded by Director Dailey, ' for a further suspension of the rules and the placing of the Ordinance on third and final reading; with the Motion being adopted by unanimous vote of the m`e*ers of the Board of Directors present, being six in number and two - thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the question, Shall the Ordi- nance Pass, with the vote being recorded herein as follows: Ayes - Directors Keith, Dailey, Mayor i 634 SEPTEMBER 19, 1978, Cont'd. Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent.- None; Position No. 5 Vacant. Whereupon, the Ordinance was declared PASSED.. Introduced next was Ordinance No. 13,509, entitled: AN ORDINANCE AMENDING SECTION 43- 35- (2). -(j) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ' i ARKANSAS PERTAINING TO PERMITTED USES; AND FOR OTHER PURPOSES; (Re: Advertising Agencies) and said Ordinance was read the first time, followed by a motion from Director Keith to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Dailey and adopted by unanimous vote of the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third.and final reading by a motion made and seconded by Directors Dailey and Keith, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and final reading of the-Ordinance, there was aA Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Dailey, Mayor _ Mehlburger, Directors Linkous,.Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. The Ordinance was therefore, declared PASSED., , A Petition from Floyd Noble, J. N. Barnes, et al, was presented in which they requested the vacat- ing and closing of a portion of West 35th Street, between Mabelvale Pike and Jane Street in the Inter- city Addition to the City of Little Rock, Arkansas. The Petition, which had been approved by the Plann- ing Commission, was accompanied by a letter from the Little Rock Abstract Company certifying to the abutting property owners, and also a certified copy of the Plat of Intercity Addition, as recorded in the Office of the Pulaski County Circuit Clerk and Ex- Officio Recorder in Plat Record Book No. 3, at Page 169. (See Resolution No. 6,007 setting the date of Public Hearing for October 17, 1978 at 7:30 P. M., asffollows) Resolution No. 6,007 was presented with the caption being: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE WEST 35th STREET BETWEEN MABELVALE PIKE AND JANE STREET IN INTERCITY ADDITION TO THE CITY:OF LITTLE ROCK, ARKANSAS -; and the Resolution was read in its entirety. A Motion was then made by Director Linkous, seconded by Director Dailey, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None;. Position No. 5 Vacant. The next presentation was a Petition from Samuel L. Raines, by G. R. Vroman, Agent, requesting the vacating and closing of a portion of Ohio Street, lying south of and adjacent to Lots 22, 23, and 24 of Block 2; and lying north of and adjacent to Lots 1, 2 and 3 of Block.3; all of said lots lying in Riffel & Rhoton's Forest Park Highlands Addition to the City of Little Rock, Arkansas, which Petition had received the approval of the Planning Commission. Included with the Petition was a letter from the Pulaski County Title Company with a list of property owners fronting Ohio Street between Georgia Street and Bryant Street and also, a certified copy of the plat of Riffel & Rhoton's Forest Park High- lands Addition to the City of Little Rocki as recorded in the Office of Pulaski County Circuit Clerk in Plat -.Book No. 1, at Page 18. (See Resolution No. 6,008 below, which sets the date of Public Hearing on October 17, 1978) Resolution No. 6,008 was presented, described as: , RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO-VACATE STREET IN BLOCK TWO AND THREE, RIFFEL & RHOTON'S FOREST PARK HIGH- LANDS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; ✓ I . �JL35 I SEPTEMBER 19, 1978, Cont'd. i and said Resolution was read in full. A motion was made by Director Linkous, seconded by Director Keith, for adoption of the Resolution and subsequently to a roll call vote whereby the Resolution was adopted as follows; Ayes - Directors Keith, Dailey, Linkous, Castleman and Jones - total 5; Noes - None; Abstaining - Mayor Mehlburger;.Abs'ent,- None; Position No. 5 Vacant: Presented for consideration at this time was the Petition of various residents of the Broadmoor Addition for the purpose of constructing and improving the recreational areas, known as.Rebsamen Lake and the surrounding easements (the park and lake area), and other facilities pertaining to'the construct ion, improvement, maintenance and utilization thereof, including but not limited to roofing and renovat- ing the clubhouse, purchasing a new tractor and other maintenance equipment, landscaping, cleaning and stocking lake, construction of boat'docking facilities, new water fountains, new playground equipment, and drainage in park area, and the repairing and extensions of walkways; and for the purpose of maintain ing, repairing and operating such improvements, which has an assessed property valuation of $2;071,415. as certified by the Beach Abstract and Guaranty Company. As a Public Hearing had been designated for- this time and place, notice of which had been duly published on August 30, 1978 and'September 6,.1978 as required by State Act, the Public Hearing was therefore, declared to be open. There was no opposition presented, but Attorney Willis Townsend requested that the Board give the matter favorable consideration; ' and Mayor Mehlburger declared the Public Hearing closed, and an Ordinance prepared in accordance with the Petition was placed on first reading. (See Ordinance No. 13,510, as follows) Then presented was Ordinance No. 13,510, entitled: AN ORDINANCE ESTABLISHING BROADMOOR RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 2 OF LITTLE ROCK, ARKANSAS; and after a first reading of the Ordinance, there was a motion from Director Keith to suspend the rules and place the Ordinance on its second reading. The motion received a second from Director Dailey, and I unanimous adoption by the Board Members present, being six,in number and two- thirds or more of the membe of the Board of Directors - elect. There was a second reading of the Ordinance and an ensuing motion which again suspended the rules whereby the Ordinance was placed on its third and,final. reading; with the motion being made by Director Linkous, seconded by Director Jones; and adopted by unanimous vote of the members of the Board of Directors present, being six in number and two- thirds or more =of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an'Aye and No Vote being taken on the passage of the Ordinance; which is described as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes-- None; Absent - None; Position No. 5 Vacant. The Ordinance was therefore,, declared PASSED. Introduced at this time was Resolution No. 6,009, containing the following title; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TEAM FOUR, INC.,-FOR PREPARA- i TION OF A COMPREHENSIVE LAND USE PLAN FOR THE EXTRATERRITORIAL PLANNING AREA; AND FOR OTHER PURPOSES; with said Resolution then being read in its entirety. In a discussion that followed, Director Linkous cautioned the City's budgetary needs in reference to the adoption.of this Resolution, which would take a expenditure of $100,000, just three months prior to the passage of the Budget Ordinance. "One last appeal that we not forget the other departments and employees - - - -it will beiin bad judgment if we pass this Resolution---a basic plan is needed for this City, but this is a bad..time in preparation of our Budget," he said. Director Jones commented that she would like to remind that if there had been proper planning years ago, millions of dollars and the lives would not have been lost,-as a result of the September 13th flood. Director Dailey stated since there would be some local involvement, he would be :voting in favor ' of the Resolution, while Director Keith expressed his opposition. With no further discussion, Director Linkous made a motion that "the Resolution be tabled for two months, and that the matter be considered in the usual budgetary manner." The motion was seconded by Director Keith and submitted to the followin roll call vote: Ayes - Directors Keith and Linkous - total 2; Noes - Director Dailey, Mayor Mehlburger, Directors Castleman and Jones - total 4; Absent - None; Position No, 5 Vacant. And, with the motion SEPTEMBER 19, 1978, Cont'd. FAILING, a subsequent roll call was taken on the adoption of the Resolution, with the motion being made by Director Jones, seconded by Director Castleman, and the results recorded as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Castleman and Jones - total 4; Noes - Directors Keith ' and Linkous - total 2; Absent - None; Position No. 5 Vacant. The next item presented was Resolution No. 6,010, entitled: A RESOLUTION COMMENDING THE EMPLOYEES OF THE DEPARTMENTS OF GENERAL SERVICES, COMMUNITY SERVICES, POLICE AND FIRE AND NUMEROUS PR•TVATE CITIZENS FOR THEIR EFFORTS IN THE FLOOD; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was subsequently adopted by motion of Director Linkous, seconded by Director Jones, and the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. The last Resolution to be presented was No. 6,011, with the caption being: A RESOLUTION AUTHORIZING MELVIN WHITE, DIRECTOR OF GENERAL SERVICES, TO EXECUTE FOR AND IN BEHALF OF THE CITY OF LITTLE ROCK AN APPLICATION AS LOCAL AGENT AND TO FILE IT WITH THE STATE TO OBTAIN FEDERAL DISASTER RELIEF; AND FOR OTHER PURPOSES; and said Resolution was read in full. There was a motion at this time from Director Keith, seconded , by Director Jones, whereby the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Castleman and Jones - total 6; Noes - None; Absent - None; Position No. 5 Vacant. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Dailey, and by unanimous vote of the Board Members present, the meeting was adjourned at 8 :30 o'clock P. M. to meet again in regular session on Tuesday, October 3, 1978 at 7:30 o'clock P. M. ATTEST: ( /?!/ APPROVED: City Clerk Mayor Agenda Meeting Board of Directors Chamber September 27, 1978 - 9:30 A. M. Circuit Judge Richard B. Adkisson administered the Oaths of Office to Director Lottie Shackel- ford, Position No. 5, and Director Webster Hubbell, Position No. 6. The terms of office expire on December 31, 1980 and the appointments are to fill the unexpired terms of Director James A. Wellons and Director Mike Castleman. ' The Oaths of Office are on file in the Office of City Clerk. i 631 Board of Directors Chamber Little Rock, Arkansas October 3, 1978 The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors answered roll call: Directors Keith, Shackelford,.Hubbell and Jones-, total 4; Absent - Directors Dailey and Linkous - total 2. A quorum was declared present and the proceedings of the meeting are herein recorded as follows: The Invocation.was given by Director Keith. The first presentation from the Official Agenda was a series of "Consent" Items, described as follows; (a) The Minutes of the previous meeting held on September 19, 1978. (b) The Annual Auditors Report for Metrocentre Improvement District No. l for the period ending December 31, 1977. (c) Resolution No. 6,012, entitled{ A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR PAVING OF BICYCLE PATHS IN WAR MEMORIAL PARK; FOR THE ANNUAL PURCHASE OF ROCK SALT FOR ICE REMOVAL; AND FOR OTHER PURPOSES; (d) Resolution No. 6,013, with the title being: i A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS.DESIGNATED REPRESENTATIVE TO PURSUE COORDINATED EFFORTS WITH VARIOUS FEDERAL, STATE AND LOCAL AGENCIES IN MAPPING.REQUIREMENTS AND WATERSHED PROBLEMS; AND FOR OTHER PURPOSES. By motion of Director Keith, seconded.by Director Jones, and.a roll vote with all members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minutes of the previous meeting held on September 19, 1978 were approved as written and 'summarized to the Board of Directors; (b) The Auditor' Report for Metrocentre Improvement District No. 1 was received and filed; (c) Resolution No. 6,012 was read in full and adopted by the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 5; Noes - None; Absent - Directors Dailey and Linkous total 2. The next presentation was Resolution No. 6,014, described as: ' A RESOLUTION REAFFIRMING THE POLICY OF THE LITTLE ROCK BOARD OF DIRECTORS PERTAINING TO THE USE OF +o PROPERTY ADJACENT TO MacARTHUR PARK -IN LITTLE ROCK, ARKANSAS; (Re: Proposed construction of a Pizza-Hut in the 900 Block of McAlmont Street) and there was a full reading of.the Resolution. Dr, L. V. Clement, who recently requested the Board of Adjustment to grant a conditional use permit.for the construction of a Pizza Hut on McAlmont Street; across the street from MacArthur Park, was present and requested the postponement of the matter until the next Agenda Meeting. Miss Athalee Walrod, a resident of the MacArthur Park area gave reasons for opposing the proposal commenting, "where there is food for the public, there is trash." She also explai n ed conditions caused by the Waffle House adding, "we; simply don't want it." Ms. Joan Baldridge, Executiv Director of the Quapaw Quarter Association, advised the Board of Directors that they would not object to deferral, and read a prepared statement in which the Quapaw Association expressed disappointment and concern over another incompatible use in the area. They also, requested that nine considerations be given in the development of the establishment. Dr. Clement advised the Board that he purchased the ' property six years ago as commercial property and now has high density residential zoning, and that he does not want to go to Court over the matter. Upon question by Director Hubbell, Dr. Clement explained his reason for requesting postponement would allow an attempt at reaching an agreement. There was no further discussion and the Resolution was adopted upon motion of Director Jones, seconded by Director Keith, and the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Shackelford 6331 OCTOBER 3, 1978, Cont'd. Hubbell and Jones - total 5;. Noes None; Absent Directors Dailey and Linkous - total 2. . There was presented Ordinance No. 13,511, containing the following title: AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL i BLOCKS, LOTS AND PARCELS OF LAND WITHIN SEWER IMPROVEMENT DISTRICT NO. 144 OF LITTLE ROCK, ARKANSAS; , with the Ordinance being read the first time. The cost of improvements to be assessed upon the real property is estimated in the Ordinance to be $775,000. The Notice of Filing of Assessment of Benefits was published in the Arkansas Democrat on September 17, 1978 and September 24,11978. There was no response to Mayor Mehlburger's invitation at this time for objectors to come forward and be heard; and a motion followed from Director Keith, seconded by Director Jones, to suspend the rules and place the Ordinance on its second reading. The motion was unanimously adopted by the Board Members present being five in number and two - thirds or.more of the members of the Board of Directors- elect; and a second readin of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Director.Jones and Keith, respectively, and unanimously adopted by the Board Members present, being five in number and two thirds or more.of the members of the Board of Directors - elect. Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Director Keith, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 5; Noes - None; Absent - Directors Dailey ' and Linkous - total 2. Whereupon, the Ordinance was declared PASSED. Ordinance No. 13,512 was considered next, entitled: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1978 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time, followed by a motion from Director Keith to suspend the rules and place the Ordinance on its second reading.. The motion was seconded by Director Jones and adopted by unanimous vote of the Board Members present, being five in number and two - thirds or more of the members o• the Board of Directors- elect; and a second reading of the Ordinance ensued. The rules were again suspend) ed and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Keith and Hubbell, respectively, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board offDirectors- elect. Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Director Keith, Mayor Mehlburger, Directors Shackelford, Hubbell ' and Jones - total 5; Noes - None; Absent - Directors Dailey and Linkous - total 2. The Emergency Section, being Section 3 of the foregoing Ordinance, was read and adopted by the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 5; Noes - None; Absent -- Directors Dailey and Linkous - total 2. The Ordinance, together with the Emergency Section, was then declared PASSED. Introduced at this time was Ordinance No. 13,513, described as: AN ORDINANCE APPROPRIATING CAPITAL IMPROVEMENT PROJECT FUNDS FOR BOYLE PARK; AND FOR OTHER PURPOSES; ($118,000) with the Ordinance being read the first time. There was a motion made at this time by Director Keith, seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on second reading. The motion was unanimously adopted by members of the Board of Directors present, being five in number and two- thirds or more of the members of the Board of Directors - elect, with the second reading of the Ordinance following. A subsequent motion was then made by Director Jones, seconded by Director Keith for a further suspension of the rules and the placing of the Ordinance on third and final reading; with , the motion being adopted by unanimous vote of the members of the Board of Directors present, being five in number and two- thirds or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken on the question, Shall the Ordinance Pass, with the vote being recorded herein as follows: Ayes - Director Keith, Mayor Mehlburger, Directors I r1l L 39 HOCTOBER 1978, Cont'd. d, Hubbell and Jones .total 5;. Noes None; Absent - Directors Dailey and Linkous - total 2 The Ordinance was therefore,. declared PASSED. The following.proposed..Ordinance was presented, with the title being: - , AN ORDINANCE CREATING.THE.CITY OF LITTLE ROCK RESIDENTIAL HOUSING FACILITIES BOARD PURSUANT TO THE PROVISIONS OF ACT N0. 142 OF THE ACTS OF ARKANSAS OF 1975, APPOINTING THE INITIAL MEMBERS THEREOF; PRESCRIBING OTHER MATTERS.RELATING THERETO; AND.DECLARING AN EMERGENCY; and the proposed.Ordinance.was.read. the first time. Mr. George Campbell, Attorney was present and encouraged prompt.but,.not unnecessarily hurried action be given to this proposal for low- interest home mortgage loans in Pulaski County. Mr. Campbell warned.that.the bond market might change, making the entire effort a futile one. The proposal.would create a public facilities board to issue tax -free municipal bonds that.would be.used.to.make home.mortgage.loans to moderate - income families for 3/4 to 11i per cent less.than the,rate.on..conventional home mortgage loans. Director Jones was concerned with the fact that some loans would be made available to persons in Pulaski County under the Plan, and felt that loans should be made only to Little Rock citizens since it is a municipal bond issue. Mr. Campbell explained that the majority of the funds would be used in the City of Little Rock. A spokesman for E. F. Hutton, Stephens, Inc..and T. J. Raney & Sons, advised that the cities of Chicago, Denver and Pueblo worked three.years to develop this concept which reduced the saving to the home owner of 2 to 211 per cent. Director Keith.told the Board that this is a great Plan, but "I will be offering an amend- ment to set aside 1% of the $75,000,000 as a cost recovery and to start funding our flood project which is badly needed." Mr. Morris Fair, President of UMIC at Memphis, read a prepared statement in which he requested that UMIC be allowed to make a proposal to underwrite the financing. He further requested that his firm be approved for presentation of a proposal for same at the October 11, 1978 Agenda Meeting, Mr. Glenn Williams of Peoples Savings & Loan Association, said the plan lacked public input and suggest- ed, "let's not rush this thing through." Director Keith made a motion "to invite the underwriters that want to appear at our Agenda Meeting and that they furnish information for our Friday packets, so that we can study it over the week - end." The Motion FAILED for lack of a second. Mr. Delbert Lewis, representing a group of physically handicapped persons, said "we endorse the theory, suggest 25% access- ibility, and urge the establishment of a policy on this at the earliest possible date ", adding, "big - monied interests frequently overlook the handicapped." After discussion, Director Keith suggested that the underwriters not be .allowed to..appear at the October 11, 1978 Agenda Meeting and that the Board obtain further counsel and advice. The suggestion received general approval, and the Proposed Ordinance remained on the calendar for second reading. Resolution No. 6,015 was then considered, with the title being: A RESOLUTION SELECTING ENGINEERS FOR VARIOUS BOND ISSUE PROJECTS; AND FOR OTHER PURPOSES; (Brookside Drive Construction .& Improvements - Garver & Garver, Inc.; The Bridge Improvements - Robert Richardson, Inc.; 9th & Bond Streets Lane Use - Summerlin & Associates; and Drainage Improvements - West - Tripp.) and said Resolution was read in full. A motion was made by Director Hubbell, seconded by Director Jones for adoption of the Resolution with Staff Recommendations, and subsequently to a roll call vote whereby the Resolution was adopted as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones a total 5; Noes.- None; Absent - Directors Dailey and Linkous - total 2. There was presented Ordinance No. 13,514, containing the following title: AN ORDINANCE GRANTING A FRANCHISE TO BAILEY CORPORATION TO LOCATE A SIGN IN THE STREET RIGHT-OF- WAY FOR ST. CHARLES BOULEVARD SUBJECT TO CERTAIN CONDITIONS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time, followed by a motion from Director Keith to suspend the ' rules and place the Ordinance on its second reading. The motion was seconded by Director Shackelford and adopted by unanimous vote of the Board Members present, being five in number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconds JA OCTOBER 3-, 1978, Cont'd. by Directors Keith and Jones, respectively, and unanimously adopted by the Board Members present, being five in number and two - thirds or more of the members of the Board of Directors - elect. Following the third and last reading of the Ordinance, there was an Aye and No Vote'taken on the passage of the Ordi- nance which resulted as herein recorded. Ayes - Director.Keith, Mayor Mehlburger, Directors.Shackelford, Hubbell and Jones - total 5;. Noes , None; Absent - Directors Dailey and Linkous - total 2. The Ordi- nance was then declared to have PASSED. Resolution No. 6,016 was then presented, entitled: A RESOLUTION RECOMMENDING THAT THE WORK FOR THE WOODROW COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT BEGIN AND PROCEED ACCORDING TO THE SPECIFIC ENGINEERING.DESIGN; AND FOR OTHER PURPOSES; which Resolution was read in full; and thereafter adopted upon.motion of Director Jones, seconded by Director Shackelford, and by the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 5; Noes'- None; Absent - Directors Dailey and Linkous - total 2. The next presentation was Resolution No. 6,017, with the following caption: A RESOLUTION APPROVING THE FIFTH YEAR PLANNING PROCESS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND FOR OTHER PURPOSES; and the Resolution was read in full. A discussion followed, centering around "Funds Available.for Other , Projects." City Manager Carleton McMullin explained that the Planning Process sets forth dates that are to, follow ?;for the adoption of the Program,.adding that funds are already committed for on -going projects. He said the basic need is approval of the timetable. Mr. Delbert Lewis, a disabled person, said he had no criticism for this program and that Mr. Nathaniel Hill should be recognized relative to programs assiting the disabled. He expressed thanks to Mr. Hill and Mr. McMullin, for their outstanding service. Ms. Erma Hendrix, Chairperson for the South Little Rock Community Development Planning Committee, read a prepared statement requesting $25,000 to secure a condemned structure and rehabilitate it for a community center. Mr. Jim Rule, Chairman of the Community Development Central Little Rock Neighborhood Association, told the Board of Directors he was unable to understand the process for allocations commenting there was no chance for input from other neighborhoods, regarding the $701,000 proposed allocation for the Stephen School and Oak Forest Areas. Mr. Hill responded by saying that persons were invited to the September 25, 1978 meeting for input, and that citizens were invited to come here tonight if they did not agree. He commented further stating that neighborhoods need to continue to meet; that problems can be solved without Block Grant money. Mr. Keith advised that he would offer an amendment that $915,000 be set aside for the flood project. Director Hubbell questioned Mr. Hill, "are we being asked to.vote.on the planning process ?" He answered, "you are being asked to vote on the committed funds, Items A through L on the first page of the Report, including the allocation at the bottom of the second page." Mr. Hill further advised that Federal regulations require two public hearings. Upon question by Director Hubbell, Mr. Hill said there would not be time for planning if we wait until after the public hearing to allocate funds. Mayor Mehlburger suggested approval of the Planning Process and already committed.funds and that the $915,000 be considered at the Public Hearing. At this point, Director Hubbell made a motion, "to adopt the Resolution, with the exception of funds available for other projects and that we invite suggestions from the nine areas for the use of the $915,000, and decide in January how it is to be spent." The motion was seconded by Director Keith and adopted by the following.roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Shackelford Hubbell and Jones - total 5; Noes - None; Absent - Directors Dailey and Linkous - total 2. Therefore, the Resolution was adopted, as amended. ' I V 1 1 1 OCTOBER 3, 1978, Cont'd. Ordinance No. 131515.was.the.next presentation,.and is described as: AN ORDINANCE GRANTING A FRANCHISE TO PULASKI FEDERAL SAVINGS & LOAN ASSOCIATION TO UNDERTAKE CONSTRUCTION'-UNDER THE RIGHT�OF^WAY.OF CERTAIN SIDEWALKS; AND FOR OTHER PURPOSES; and the Ordinance was then read the first time. The rules were subsequently suspended and the Ordinance placed on second reading,.by: motion of Director Keith, seconded by Director Jones, and by unanimous vote of the members of the Board of Directors present,.being five in number.and two - thirds or more of the members of the Board ofibirectors- elect. After the second reading of the Ordinance, there was an ensuin motion to again suspend the rules to allow for third and final reading of the Ordinance at this time; with the motion being made-by Director Keith, again seconded by Director Jones, and adopted by unanimous vote of the members of the Board of Directors present, being five in number and two - thirds or more of th members of the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote being taken.on the passage of the Ordinance, which is recorded as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 5; Noes - None; Absent - Directors Dailey and Linkous - total 2. Whereupon, the Ordinance was declared PASSED. The next item presented was Resolution No. 6,018, containing the following title: A RESOLUTION APPROVING CONSTRUCTION OF A CLOSURE OVER PUBLIC UTILITY EASEMENTS AND'FIRE LANES ON BISHOP STREET BETWEEN 10TH AND 11TH STREETS; AND FOR OTHER PURPOSES; with said Resolution being read in its entirety, and thereafter adopted upon motion of Director Keith, seconded by Director Jones, and by the following roll call vote: Ayes - Director Keith, Mayor Directors Shackelford, Hubbell and Jones - total 5; Noes - None; Absent - Directors Dailey and Linkous - total 2. Resolution No. 6,019 was presented, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY FORMER CITY ATTORNEY JOSEPH KEMP A SET FEE FOR ANY LEGAL WORK DONE IN THE TRANSITION PERIOD ENDING DECEMBER 31, 1978; ($50.00 per hour) and there was a full reading of the Resolution. A motion was then made by Director Keith and seconded by Director Jones, which resulted in a roll call vote adopting the Resolution as herein "recorded: Ayes - Director Keith, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 5; Noes - None; Absent �- Directors Dailey and Linkous - total 2. Ordinance No. 13,516 was the next presentation, and is described as: AN ORDINANCE APPROPRIATING FUNDS TO PAY THE COSTS FOR THE CITY'S REPLY TO AN APPEAL BEFORE THE ARKANSAS SUPREME COURT; A (Charles M. Taylor vs. the City of Little Rock - up to $6,000 to Attorney David Henry) with the Ordinance being read the first time. There was a motion which followed from Director Jones, seconded by Director Shackelford, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote.of the members of the Board of Directors present, being five in number and two thirds or more of the members of the Board of Directors - elect; and the Ordinance was then read the second time. There was a further suspension of the rules at this time to allow for the third and final reading of the Ordinance, by motion of Director Shackelford, seconded by Director Jones, which was unanimously adopted by members of the Board of Directors present, being five in number and two- thirds or more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, which was followed by an Aye and No Vote taken on the passage of the Ordinance and resulting as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 5; Noes - None; Absent - Directors Dailey and Linkous- total 2. It was announced that the Ordinance had PASSED. The last matter to be considered was Resolution No. 6,020, entitled: A RESOLUTION APPROVING AND ALLOCATING CETA FUNDS FOR THE SKILLS TRAINING IMPROVEMENT PROGRAM (STIP) AND HELP THROUGH INDUSTRY RETRAINING AND EMPLOYMENT (HIRE II) PROGRAMS; AND FOR OTHER PURPOSES; 64 OCTOBER 3, 1978, Cont'd. and upon a complete reading of the Resolution, there was a motion -by Director.Jones, seconded by Director Hubbell for adoption of the Resolution. A roll call was taken, and the Resolution was adopted by the following vote: Ayes .- Director Keith, Mayor Mehlburger, Directors Shackelford, Hubbel and Jones - I total 5; Noes - None; Absent , Directors Dailey and Linkous - total 2. Under "Citizen Communications ", Mr. Gene Alexander of 522 East 4th Street, Mabelvale, Arkansas, i representing a large delegation in attendance, spoke to the Board asking the City to discontinue the use of the decompression chamber at the Little.Rock Animal Shelter. An.Arizona veterinarian, Dr. Gary Baumann of Phoenix, was also present to explain the "cardiac stick" method of killing animals, and to present a film on the method. Mayor Mehlburger then suggested that.the.Official Board Meeting be adjourned and that the discussion and film be presented in informal session. There being no other business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Jones, the meeting was adjourned at 10:40 o'clock P. M., to meet again in regular session on Tuesday, October 17, 1978 at 7:30 o'clock P. M. ATTEST: ( � APPROVED: U z City Clerk Mayor I i II I I I