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HomeMy WebLinkAboutCity of Little Rockr Board of Directors Chamber �i Little Rock, Arkansas �il+ it October 17, 1978 - 5:00 P. M. j The Board of Directors of the City of Little Rock, Arkansas convened at 5:00 o'clock P. M. to I recess into Executive Session for the purpose of discussing appointments to the Little Rock Residential Housing Facilities Board, with Mayor Mehlburger presiding and the following Directors answering roll call: Directors Keith, Dailey and Linkous - total 4; Absent - Directors Shackelford, Hubbell and Jones - total 3. The motion to recess into Executive Session was made and seconded by Directors Dailey I ! and Linkous, respectively, and unanimously adopted. �l Board of Directors Chamber Little Rock, Arkansas October 17, 1978 - 7:00 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, Shackelford, Hubbell and Jones - total 6; Absent - None. It was announced that a quorum was in attendance, and the proceedings of the meeting are recorded Jill! 9 ✓ as follows: Presented first for consideration was Resolution No. 6,021, entitled: A RESOLUTION MAKING APPOINTMENTS AND FOR OTHER PURPOSES; (Appointing Mr. Webster Hubbell to the Criminal Justice Planning Council, replacing Mr. Michael CastlemanIi with said Resolution being read in full and adopted upon motion of Director Linkous, seconded by Directory Dailey, and the following roll call vote; Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Introduced next was Resolution No. 6,022, with the title being: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK HOUSING AUTHORITY; (Mr. William V. Satterfield to fill the unexpired term of Mr. Ben F. Scroggin, Jr.) 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, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The next matter for consideration was a proposed Ordinance, described as: AN ORDINANCE CREATING THE CITY OF LITTLE ROCK RESIDENTIAL HOUSING FACILITIES BOARD PURSUANT TO THE PROVISIONS OF ACT NO. 142 OF THE ACTS OF ARKANSAS OF 1975; APPOINTING THE INITIAL MEMBERS THEREOF; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; with the proposed Ordinance having been read the first time on October 3, 1978, and left on the calendar for second reading. At this time, Director Dailey made a motion that "Mr. A. Jack Reynolds, administratc of St. Vincent Infirmary, Mrs. Cora McHenry, executive secretary of the Arkansas Education Association, Mr, E. Ralph Cotham, IV, a vice president of the Frank Lyon Company, Mr. Cliff Giles, an administrator a the Federal Home Loan Bank, and Mr. Michael Watts, a certified accountant, be appointed to the Little Ro ' Residential Housing Facilities Board." The motion was seconded by Director Keith, and submitted to the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the motion was unanimously I i 'I adopted. Mayor Mehlburger used the drawing of lots to determine the length of terms of the appointees Jill! 9 ✓ 2 - OCTOBER 17, 1978, Cont'd, I ! as follows: Mr. Giles , £ivenrear term; Mr. Reynolds - fournyear term; Mr. Watts - three -year term; Mrs. McHenry - two -year term; and Mr. Gotham , one -year term. At this point, the proposed Ordinance was I� read the second time. There was a motion following from Director Dailey to amend the Ordinance to provide for a new Section 6 as follows: "Section 6. Initial Program. Notwithstanding any other provision of this Ordinance, until further authorized by subsequent ordinance of the City the Board is authorized to engage only in a residential mortgage purchase program for single - family residential housing. The term "single - family residential housing" as used herein means a specific work or improvement which provides dwelling accommodations consisting of not more than four units one of which must be occupied by the owner. The Board shall require that for a period of not less than 120 days from the time funds for such program are available for the purchase or mortgage all such funds be made available for qualified single- family residential housing facilities in the corporate limits of the City as now existing or as may hereafter be extended. The Board I shall also require in any event that not less than sixty percent (60 %) of the value of all ` mortgages purchased shall be for qualified single family residential housing facilities in I the corporate limits of the City as now existing or as may hereafter be extended." r I The motion was seconded by Director Jones and a roll call was taken on the motion with the results record. ed as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, and Director Linkous - total 4; Noes - Directors Shackelford and Jones - total 2; Abstaining - Director Hubbell - total 1. Therefore, the proposed Ordinance was amended to include the above stated Section 6. There was a subsequent motion then V II made by Director Jones to "Delete in Section 6 - 'The Board shall also require in any event that not less than sixty percent (60 %) of the value of all mortgages purchased shall be qualified single - family resi- dential housing facilities in the corporate limits of the City as now existing or as may hereafter be , I extended, and replace with - That 100% of the funds available from the Bond Issue shall be used for construction in the City of Little Rock'." Director Jones commented that the proposal of 60% would be C contrary to the Growth Policy and would provide funding for possible sub - standard housing, since the City 4� cannot control construction requirements outside the City Limits. The motion by Director Jones was seconded by Director Shackelford with the following roll call vote being taken: Ayes - Directors Shackel- ford and Jones - total 2; Noes - Directors Keith, Dailey, Mayor Mehlburger and Director Linkous - total 4; Abstaining - Director Hubbell - total 1; Absent - None. The motion was then declared to have FAILED. There was another motion made by Director Jones to create a new Section 7 to the proposed Ordi- nance, and that the subsequent Sections be renumbered accordingly. The proposed Section 7 is as follows: II "Section 7. Excess Revenues. Any revenues of the Board accummulated in excess of the amount necessary to accomplish the purposes for which the Board is created and to comply with all covenants and agreements of the Board in connection with any outstanding bonds or other obligations shall be reported to the Board of Directors of the City which may direct the payment of such excess revenues into the general fund of the City." Director Dailey seconded the motion to amend the proposed Ordinance to include the above stated Section 7 ' I f I and the re- numbering of the remaining Sections of the Ordinance. A roll call was taken on the motion with the results recorded as follows: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Shackel- ford, and Jones - total 5; Noes - Director Keith - total 1; Abstaining - Director Hubbell - total 1; Absent - None. The motion was adopted and the proposed Ordinance amended to include Section 7 as stated I�{ above. There was an ensuing motion by Director Dailey, seconded by Director Linkous, for the suspension y� of the rules to allow for the third and final reading of the Ordinance, as amended. An Aye and No Vote i i was taken on the motion, which received the following response: Ayes - Director Dailey, Mayor Mehlburger, I� Directors Linkous and Jones - total 4; Noes - Directors Keith and Shackelford - total 2; Abstaining - II Director Hubbell - total 1; Absent - None. The motion having FAILED, the proposed Ordinance, as amended, remained on the calendar for third reading. I II Director Dailey was excused. Presented next for consideration were the Consent Items, described as follows: (a) The Minutes of the Previous Meeting held on October 3, 1978. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for , i month of August, 1978. i f OCTOBER 17, 1978, Cont'd. (c) Resolution No. 6,023, with the title being: A RESOLUTION ACCEPTING BIDS & AWARDING CONTRACTS FOR CONSTRUCTION OF PARKING LOTS, SIDEWALKS & DRAINAGE IMPROVEMENTS AT WAR MEMORIAL PARK; VARIOUS IMPROVEMENTS TO THE INTER- SECTION OF CANTRELL & FOXCROFT ROADS; AND CLASSROOM SUPPLIES FOR THE EAST LITTLE ROCK DAY CARE CENTER; AND FOR OTHER PURPOSES; By motion of Director Keith, seconded by Director Hubbell, with all Board Members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and summ to the Board of Directors; (b) The Comparative Statement was received and filed; and (c) Resolution No. 6,023 was read in full and adopted. The following Zoning Petitions were approved by the Planning Commission, and presented at this time Ordinance No. 13,518 below) Ordinance No. 13,518 was presented, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING OHIO STREET IN BLOCKS 2 AND 3, RIFFEL AND RHOTON'S FOREST PARK HIGHLANDS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; Z -3252 - From Eugene C. Fitzhugh for Linda S. Haynes, to rezone 6001 Myerson Drive, described as Lot 1, Myerson Manor, a replat of Part of Tract 3, Home Acres Subdivision, from "A" One- family District to "E -1" Quiet Business District. Z- 2848 -D - From John A. Castin for Floyd Fulkerson, to rezone all that part of the SEZ SW14, Section 29, T -2 -N, R -13 -W, Pulaski County, Arkansas lying west of the west right -of -way line of Hinson Road, and except the west 300.0 feet thereof, described as 13,000 Hinson Road, from Unclassified Distric to "C" Two- family 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. 13,517, as follows) Ordinance No. 13,517 was presented with the following caption: i i AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK,yARKANSAS, 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 Hubbell, 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, followed by a subsequent motion made and seconded by Directors Keith and Linkous, respectively, to suspend the rules and place th 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 - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Directo Dailey - total 1. The Ordinance was then declared PASSED. A Public Hearing had been scheduled for this time and place to hear arguments on the Petition from Samuel Raines by G. R. Vroman, to vacate and close that 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. As Notice of Hearing had been duly published on September 25, 1978 and October 2, 1978, as required by Law, the Public Hearing was declared to be open. Ms. Thelma Allen, a resident of the area was-:present to object to the closure. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that he could see no problems with the closure as the terrain is very steep with a twenty -foot abrupt drop. There were no other objections presented and Mayor Mehlburger declared the Public Hearing to be closed, and an Ordinance to close the above- described portion of Ohio Street was placed on first reading. (See Ordinance No. 13,518 below) Ordinance No. 13,518 was presented, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING OHIO STREET IN BLOCKS 2 AND 3, RIFFEL AND RHOTON'S FOREST PARK HIGHLANDS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; OCTOBER 17, 1978, Cont'd. , which Ordinance was read the first time. There was a motion at this time from Director Keith, seconded by Director Jones, to suspend the rules and place the Ordinance on its second reading. The motion havin 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 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 third and last rea of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resul as herein described: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. It was announced that the Ordi- nance had PASSED. The next presentation was a Petition from Floyd Noble and J. N. Barnes. A Public Hearing had been scheduled for this time and place to hear arguments for and against the vacating and closing of a porti� of West 35th Street, between MabelIvale Pike and Jane Street in Henderson Subdivision of the Intercity Addition to the City of Little Rock, Arkansas, which was approved by the Planning Commission. As requi by Law, the Notice of Hearing had been duly published on September 25, 1978 and October 2, 1978. Mayor Mehlburger declared the Public Hearing to be open and there was no one present to speak either for or against the proposal and the Public Hearing was therefore, declared closed. An Ordinance to close the above - described street was placed on first reading. (See Ordinance No. 13,519, as follows) Ordinance No. 13,519 was next 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 WEST 35TH STREET BETWEEN MABELVALE PIKE AND JANE STREET IN INTERCITY ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time; followed by a motion from Director Linkous, seconded by Director Hubbell, 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 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 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 - Director Keith, Mayor Mehlburger, III I Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - I I I total 1. Whereupon, the Ordinance was declared to have PASSED. I j The next matter to be considered was a Petition from Tom M. Ferstivand Pi Kappa Alpha Housing x Corporation, to vacate that portion of Fillmore Street between 29th and 30th streets that fronts upon Lot 7, Block 7, and Lot 8, Block 7, C. 0. Brack's 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 Beach Abstract & Guaranty Company certifying to the last apparent owners of record of the property abutting the proposed closure, and a certified copy of the plat of C. 0. Brack Addition to the !I City of Little Rock. (See Resolution No. 6,024 as follows, which sets the date of Public Hearing for Tuesday, November 7, 1978 at 7:30 o'clock P. M.) Then presented was Resolution No. 6,024, entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF M. HEARING ON THE PETITION TO VACATE STREET IN BLOCK 7, C. 0. BRACK'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with said Resolution being read in full and thereafter adopted upon motion of Director Linkous, seconded f OCTOBER 17, 1978,_Cont'd. by Director Shackelford, and the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones , total 6; Noes - None; Absent - None. ' Ordinance No. 13,520 was presented, with the title being: AN ORDINANCE APPROPRIATING FUNDS AND AWARDING CONTRACTS FOR THE CONSTRUCTION OF THE RAYMOND,. i REBSAMEN /UNIVERSITY PARK TENNIS CENTER COMPLEX; FOR EARTHWORK, PAVING AND STORM DRAINAGE; TENNIS COURT; LANDSCAPING; AND FOR OTHER PURPOSES; (Kinco Construction Company; Ray Richardson Company; Township Builders; and Greenthumb Garden Center) i and after the first reading of the Ordinance, there was a motion by Director Linkous, seconded by Directo Keith, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopt- ed 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 Shackelford, again seconded by Director Keith, to again suspend the rules and place the Ordi- nance on 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 Ordinance was read the third and last time. The question of the passage of the Ordinance was at this time, sub- mitted to an Aye and No Vote, which resulted as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. The Ordinance was then declared PASSED. A Public Hearing had been scheduled for this time and place on the question of the adoption of an Ordinance authorizing the issuance of Industrial Development Revenue Bonds, in the form of $1,000,000 Secured Revenue Note, Series 1978. The Notice was duly published, as required by Law, on October 5, 1978 Mayor Mehlburger then declared the Public Hearing to be open and invited those wishing to address to the issue to come forward. There was no one to speak in opposition however, Director Keith commented that a cost recovery for administrative services should be implemented in all Bond Issues. Director Hubbell I requested that Mr. E. Jack Murphy, Director of Finance obtain prices on a signing device to be used by the City Clerk in the signing of Bonds. There were no further comments, the Public Hearing was declared closed, and the following Ordinance was placed on first reading. i Ordinance No. 13,521 was presented, containing the supervening title: AN ORDINANCE RATIFYING AN ORDINANCE PREVIOUSLY ADOPTED AND THE AUTHORIZATION TO ISSUE CITY OF LITTLE ROCK, ARKANSAS INDUSTRIAL DEVELOPMENT BONDS; CONFIRMING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; and said Ordinance was read the first time. The rules were then suspended to allow for the second read- ing of the Ordinance by a motion made by Director Linkous, which 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 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 Shackelford and Jones, 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 resulted in a roll call vote being taken on the passage of the Ordinance, the outcome of which is described as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbel and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. The Emergency Clause contained in Section 2 of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. It was then announced that the Ordinance, together with the Emergency Section, had been PASSED. The next item presented for consideration was Ordinance No. 13,522, entitled: J ✓ OCTOBER 17, 19781 Cont'd. AN ORDINANCE APPROPRIATING FUNDS TO REPAIR THE FOLLOWING FLOOD DAMAGED PARK FACILITIES; THE REPLACEMENT OF THE MONKEY HOUSE ROOF AT THE ZOO; REPAIR OF BRIDGES & A MAINTENANCE BUILDING AT HINDMAN PARK; REPAIR OF RESTROOMS AT BOYLE AND HINDMAN PARKS; 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 Shackelford, 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 and a subsequent motion from Director Jones 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 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 the third and last time. The Aye and No Vote taken on the passage of the Ordinance is herein recorded as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Direct Dailey - total 1. The Ordinance was declared PASSED. Ordinance No. 13,523 was presented, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR REPAIR OF LANDFILL EQUIPMENT; FOR OUTSTANDING ORDERS; FOR ANTICIPATED ROUTINE REPAIR WORK FOR THE REMAINDER OF 1978; AND FOR OTHER PURPOSES; ($31,000.00) 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 Keith, 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 second reading of the Ordinance ensued; and the rules were again suspended to provide for the third and final reading of the ordinance, as the result of a motion made and seconded by Directors Keith and Linkous, respectively, and unanimous- ly adopted by members of the Board of Directors present, being six in number and two - thirds or more of t members of the Board of Directors - elect. The third and last reading of the Ordinance led to any Aye and No Vote on the passage of the Ordinance, which resulted as follows: Ayes - Director Keith, Mayor Mehl - burger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. Whereupon, the Ordinance was declared PASSED. The was presented Ordinance No. 13,524, described as: AN ORDINANCE APPROPRIATING FUNDS FOR PAYING SALARIES OF CERTAIN CETA II AND CDBG EMPLOYEES; FOR OVERTIME EXPENSES FOR THE FIRE DEPARTMENT EMPLOYEES; AND FOR OTHER PURPOSES; ($48,000.00 for CETA II and CDBG Employees; $17,000.00 for Overtime for Firemen) 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 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 Keith and Shackelford, 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 th third and final 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 Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. The Ordi- nance was therefore, declared PASSED. A Proposed Ordinance was presented, described as: AN ORDINANCE GRANTING A FRANCHISE TO UTILIZE A PART OF THE PUBLIC RIGHT -OF -WAY IN FRONT OF 1103 BOUNDLESS STREET FOR CONSTRUCTION OF A PRIVATE CARPORT; 7II LJ OCTOBER 17. 1978. Cont'd. and said Ordinance was read the first time. There was a motion which followed from Director Hubbell, seconded by Director Shackelford, 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 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 t 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 None; Noes Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbel and Jones - total 6; Absent - Director Dailey - total 1. It was announced that the Ordinance had FAILED to pass. Under "H - Routine Business" the following two matters were considered that did not appear on the Official Agenda: Ordinance No. 13,525, containing the following caption: AN ORDINANCE GRANTING A FRANCHISE TO THE LITTLE ROCK SCHOOL DISTRICT TO CONSTRUCT A RETAINING WALL IN THE RIGHT -OF -WAY; (17th Street Right -of -Way) 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 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. 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, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. The Ordinance was then declared PASSED. Ilfl��l The last Ordinance presented was No. 13,526, entitled; ' AN ORDINANCE APPROPRIATING FUNDS FOR COSTS OF APPEALING A CASE TO THE ARKANSAS SUPREME COURT; ($250.00 for A. Munson, Prosecuting A B. Sands, Pul. Cit. 77 -6 Judic 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 Linkous 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 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. �II Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the pass - 14 age of the Ordinance which resulted as herein recorded: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbel and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. Whereupon, the Ordinance was declared PASSED. Mr. Harold Baer of 11060 Rivercrest Drive, who is building a new home on Woodstock Court in Pleasant Valley, was the only person to speak to the Board under "Citizen Communications." He read a f letter he had written to Mr. Jan Carter of the Department of Community Services, requesting a median cL Cl off Pleasant Valley Drive at Woodstock Court, to provide better access to Woodstock and Big Stone Court OCTOBER 17 1978, Cont'd. He also, read Mr. Carter's reply. A brief discussion ensued in which the Board requested that the Staff determine what the costs would be, if the City made the cut, with the property owners paying the costs. The Board was'reminded of the Budget Work Study on Monday, October 23rd, at 7:00 P. M., and it was stated that each department would be permitted a thirty minute presentation, with a thirty minute over -all presentation by Finance Director E. Jack Murphy. 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 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, November 7, 1978 at 7:30 o'clock P. M. ATTEST: APPROVED: %bmk %Akw,� City Clerk Mayor 11 Board of Directors Chamber Little Rock, Arkansas November 7, 1978 - 6:00 P. M. The Board of Directors of the City of Little Rock, Arkansas convened at 6:00 o'clock P. M. to recess into Executive Session for the purpose of discussing appointments to various Boards and Commissions, with Mayor Mehlburger presiding and the following Directors answering roll call: Directors Keith, Dailey, Linkous, Shackelford, Hubbell and Jones - total 6; Absent - None. The motion to recess into Executive Session was made and seconded by Directors Dailey and Linkous, respectively, and unanimously adopted. Board of Directors Chamber Little Rock, Arkansas November 7, 1978 - 7:00 P. M. It had been advertised that a Public Hearing would be held in the Board of Directors Chamber, City Hall, Little Rock, Arkansas, at 7:00 P. M., for the purpose of receiving citizen comments on proposed expenditures of General Revenue Sharing Funds. Mayor Donald L. Mehlburger declared the Hearing to be open and one request was presented by Ms. Nan Brown representing the Pulaski County Council for the Aging, for twenty percent (20 %) funding for the purchase of three vans equipped with lifts for the elderly. The Mayor declared the Hearing closed and no official action was taken. All Members of the Little Rock Board of Directors were present. The Public Hearing was not a part of the Official Agenda for the 7:30 Board of Directors Meeting. Board of Directors Chamber Little Rock, Arkansas November 7, 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 Jane Czech, City Clerk and the following Directors present: Directors Keith, Dailey, Linkous, Shackelford, Hubbell and Jones - total 6; Absent - None. It was announced that a quorum was in attendance, and the following is an account of the proceed- ings: 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 October 17, 1978. (b) The Financial Statement of Community Development Block Grant Funds dated June 30, 1978. (c) Resolution No. 6,025, with the title being: By 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 October 17, 1978 were approved as written and summarized to the members of the Board of Directors; (b) the Financial Statement of Community Development Block Grant Funds were received A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR FIRE ALARM RELOCATION ON INTERSTATE 630; PLAYGROUND EQUIPMENT FOR WAR MEMORIAL PARK; FOR DEMOLITION OF 22 CONDEMNED STRUCTURES AND SITE CLEARANCE; FOR OFFICE SUPPLIES FOR 12 MONTHS; FOR THE INSTALLATION OF FOUR OVERHEAD SERVICE DOORS AT THE #10 FIRE STATION; FOR THE REMOVAL OF THE HANDICAPPED BARRIER AT THE MUSEUM OF SCIENCE & NATURAL HISTORY; FOR THE DEMOLITION OF 2 i STRUCTURES LOCATED AT 4302 AND 4304 ASHER AVENUE; AND FOR OTHER PURPOSES. By 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 October 17, 1978 were approved as written and summarized to the members of the Board of Directors; (b) the Financial Statement of Community Development Block Grant Funds were received 10 7. 1978. Cont-'d - and filed; and (c) Resolution No. 6,025 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - - iitotal 7; Noes - None; Absent - None. , Introduced at this time was Ordinance No. 13,527, with the caption being: AN ORDINANCE LEVYING A TAX UPON THE GROSS RECEIPTS OF HOTELS, MOTELS, RESTAURANTS, CAFES AND CAFETERIAS IN THE CITY; PRESCRIBING THE PROCEDURE FOR THE COLLECTION AND ENFORCEMENT OF THE TAX; PRESCRIB- I V ING THE PURPOSES FOR WHICH REVENUES DERIVED -.FROM THE COLLECTION OF THE TAX MAY BE USED; PRESCRIBING OTHER I ` MATTERS RELATED THERETO; AND DECLARING AN EMERGENCY; it with the Ordinance being read the first time. Mr. B. Finley Vinson, Chairman of the Board of the First i National Bank in Little Rock, spoke to the Board briefly outlining the plan, and without hesitation, recommended it's approval. Mr. Maurice Lewis, executive vice president of the Arkansas Hospitality Association, advised the Board of Directors that eighty -six percent (86%) of the members of that organ- ization had voted in favor of the additional one cent tax. The proposed convention facilities would be built the two blocks occupied by the Grady Manning and Marion Hotel buildings. There was no further j on discussion and Director Keith then made a motion, seconded by Director Jones, that the rules be suspended 'I II and the Ordinance be placed on second reading, which motion was unanimously adopted by members of the Y Board of Directors 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 for a further of the rules to place the Ordinance on third and final reading; with the motion being made by suspension I i Director Shackelford, seconded by Director Dailey, and unanimously adopted by members of the Board of l Directors present, being seven 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 rquestion, Shall the Ordinance Pass, which is recorded as follows: Ayes - Directors Keith, Dailey, Mayor iC Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 6 of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance, together with the Emergency Section, had been PASSED. Resolution No. 6,026 was considered next, entitled: �i A RESOLUTION DESIGNATING DOYLE W. ROGERS & WORSHAM BROTHERS COMPANY, INC. AS PREFERRED DEVELOPERS OF , r y THE CONVENTION /EXHIBIT AND HOTEL COMPLEX; AND FOR OTHER PURPOSES; !I 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 to a roll call vote whereby the Resolution was adopted I as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. i; Resolution No. 6,027 was introduced with the following heading: i II A RESOLUTION APPOINTING AN ADVISORY BOARD FOR THE CONVENTION /EXHIBIT AND HOTEL COMPLEX; AND FOR OTHER PURPOSES; II and there was a complete reading of the Resolution. At this point, Director Hubbell requested that every, thing possible be done to design this convention complex for energy conservation. A motion followed from Director Shackelford, seconded by Director Jones, which resulted in a roll call vote adopting the Reso- lution as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. ' Another Resolution, No. 6,028, in connection with the Convention Complex was presented, with the title being: A RESOLUTION PERTAINING TO THE NEED FOR ADDITIONAL CONVENTION AND RELATED ACCOMMODATION FACILITIES IN THE CITY OF LITTLE ROCK, ARKANSAS AND THE FUNDING REQUIREMENTS THEREFOR; AND FOR OTHER PURPOSES; NOVEMBER 7, 1978, Cont'd. Y V; with there being a full reading of said Resolution, which was thereafter adopted upon motion of Director I Keith, seconded by Director Dailey, and by the following roll call vote: Ayes - Director Keith, Director Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; j I I Absent - None. yI � At this time, Mayor Mehlburger introduced Boy Scout Troop No. 395, who was visiting the Board of I I ` Directors Meeting. I Ordinance No. 13,528 was presented with the following title: AN ORDINANCE CREATING THE CITY OF LITTLE ROCK RESIDENTIAL HOUSING FACILITIES BOARD PURSUANT TO THE I PROVISIONS OF ACT NO. 142 OF THE ACTS OF ARKANSAS OF 1975; APPOINTING THE INITIAL MEMBERS THEREOF; IJ PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; Before the third reading of the Ordinance, Director Shackelford made a motion to "delete the last two sentences in Section 6 and amend the Section to read: The Board shall also, require in any event that 100% of the value of all mortgages purchased shall be for qualified single family residential housing) facilities in the corporate limits of the City as now existing or as existing at the time the loan is approved." Mr. George Campbell, Attorney for the mortgage loan plan, commented to the Board that re- strictions might place a barrier on the Bond Project and the 100% ratio might not be the most favorable I issue. Mr. Jim Bell, president of First National Mortgage Company requested that the ordinance be amend- I �, I ' ed to include existing subdivisions that have been approved by the -City. Director Linkous then made a } motion to amend the proposed amendment by changing the last sentence of Section 6 to read: "That not lessl;; than 75% of the value of the mortgages purchased shall be for qualified single family residential housing facilities in the corporate limits of the City as now existing or as may hereafter be extended, and that 25% be held in escrow and after the 120 days have lapsed, that the five -mile extraterritorial planning area be eligible for these mortgage loans." Director Linkous' amendment to the amendment was seconded by ii Director Dailey and submitted to the following roll call vote: Ayes - Directors Dailey and Linkous - total 2; Noes - Mayor Mehlburger, Directors Shackelford and Jones - total 3; Abstaining - Directors p i Keith and Hubbell - total 2; Absent - None. The amendment therefore, FAILED. The discussion continued II 4 in which Mr. Fred Bright, president of Construction Unlimited of Arkansas, Inc. requested the Board not i to restrict all the mortgage money to the corporate limits. Mr. Ed Penick, chairman of the Worthen Bank & Trust Company told the Board of Directors that they had an opportunity to revitalize the housing I i ' industry and provide more jobs; that the lending institutions suffered a severe shock last week when the Federal Reserve Board raised its interest rate. And further, he requested that the Board arrive at a compromise so that the Plan could move forward. Director Linkous then suggested that an agreement be I reached and that the matter be acted upon. Director Shackelford requested a five - minute recess at 8:25 P. M. to obtain more information and Mayor Mehlburger granted the request. At 8:40 P. M. the Board re- convened with all Members answering present, and Director Dailey offered an amendment to the original I�I amendment requiring that "not less than 80% of the mortgage loans shall be used for housing within the I City Limits, and that after 180 days, not more than 20% shall be used for housing outside the City Limits,l I which facilities in any event, must be within the territorial planning jurisdiction of the City as i I�provided by law." The motion was seconded by Director Keith. The amendment to the amendment was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger,and Director Linkous -, total 4; Noes - Directors Shackelford and Jones - total 2; Abstaining - Director Hubbell - total I; Absent - None. At this time it was stated that Mr. Cliff Giles, who was appointed to the Little Rock Housing Facilities Board had resigned and Director Keith made a motion that "Section 3 of the Ordinance be I ' amended to appoint Ray Metzger, Jr. to a one -year term; E. Ralph Cotham, IV to a two -year term; Cora I McHenry to a three -year term; Michael M. Watts to a four -year term; and A. Jack Reynolds to a five -year term." The motion was seconded by Director Dailey and adopted by the following roll call vote: Ayes Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford-,and Jones - total 6; Noes - Ii NOVEMBER 7, 1978, Cont`d. None; Abstaining - Director Hubbell , total 1; Absent - None. There was no further discussion and the Ordinance was then read the third and last time, as amended. The question, Shall the Ordinance Pass, resulted in the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford and Jones - total 6; Noes - None; Abstaining - Director Hubbell - total 1; Absent 11I None. The Emergency Clause contained in Section ll of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford and Jones - total 6; Noes - None; Abstaining - Director Hubbell - total 1; Absent - None. It was therefore, announced that the Ordinance, together with the Emergency Section, had been PASSED. Introduced next was Ordinance No. 13,529, 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; (Property located on Mara Lynn Road b Monterrey Drive - Court Order dated October 2, 1978) 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 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 sub- sequent motion from Director Dailey, 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 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, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared to have PASSED. Ordinance No. 13,530 was presented, with the following caption: AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF CERTAIN LANDS LOCATED IN SECTION THIRTY -TWO (32), TOWNSHIP ONE (1) NORTH, RANGE TWELVE (12) WEST TO THE CITY OF LITTLE ROCK, IN PULASKI COUNTY, ARKANSAS; (Property located at Scott Hamilton and I -30 - Court Order dated October 2, 1978) , with there being a first reading of the Ordinance, followed by a motion from Director Keith, seconded by Director Dailey, 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 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 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 Dailey, seconded by Direct- or Linkous, 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 third and.last read- ing 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, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The next presentation was Ordinance No. 13,531, 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; (Property located at 11,500 Hermitage Road - Court Order dated September 11, 1978) ` and upon first reading of the Ordinance, there was a motion by Director Keith to suspend the rules and V place the Ordinance on its second reading. The motion received a second by Director Dailey and unanim 13 NOVEMBER 7, 1978, Cont'd. I 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 r motion then followed from Director Dailey, seconded by Director Linkous, that the rules again be suspend -, ed to provide for the third and final reading of the Ordinance; with the motion being unanimously adopted, II 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 i No Vote then being taken on the passage of the Ordinance and resulting as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Mehlburger announced that the Ordinance had PASSED. The next matter to be considered was Ordinance No. 13,532, described as: 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, ARKANSAS; I (Property at Rainwood and Hinson Loop Road - Court Order dated October 3, 1978) i 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 Keith, seconded by Director Dailey and lli 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 Ordinance 'I ensued; and the rules were again suspended to provide for the third and final reading of the Ordinance, as the result of a motion made and seconded by Directors Dailey and Linkous, respectively, and unanimous- ly 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, j Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED.Ii Ordinance No. 13,533 was presented, with the title being: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND i �1 MAKING SAME A PART OF THE CITY OF LITTLE ROCK AND ASSIGNING SAME TO WARDS; � (Property located at Griffin Road and Fourche Dame Pike - Court Order dated September 15, 1978) with the Ordinance being read the first time. A motion then followed which suspended the rules and I I placed the Ordinance on its second reading, with the motion being made by Director Keith, seconded by II ' Director Dailey, unanimous, adopted b members of the Board of Directors y, y p y present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. There was a second reading I of the Ordinance at this time; after which the rules were again suspended to allow for the third and i final reading of the Ordinance by a motion made and seconded by Directors Dailey and Linkous, respective - ly, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more I i of the members of the Board of Directors- elect. The Ordinance was then read the third and last time, i ' followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being: Ayes - Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - �I total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. ph The following Zoning Petition was presented at this time: Z -3239 - From Industrial Development Corporation, Arkansas Electric Cooperative Corporation and Arkansas Electric Cooperative, Inc., to rezone 91.8 acres located at Scott Hamilton Drive and Interstate 30, from "Unclassified" property to "I" Light Industrial and "F" Commercial Districts. The request j received the approval of the Little Rock Planning Commission, there was no opposition presented, and an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,534 below) JIII ill Ordinance No. 13,534 was presented with the following caption: AN ORDINANCE RECLASSIFYING THE PROPERTY AT THE SOUTHWEST CORNER OF INTERSTATE ROUTE NO. 30 AND I i SCOTT HAMILTON DRIVE IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES i 14 NOVEMBER 7, 1978, Cont'd. I4 OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; i which Ordinance was read the first time. There was a motion at this time from Director Keith, 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 seven in number and two - thirds or more of the •i i members of the Board of Directors - elect, the Ordinance was read the second time. The rules were then ri iII suspended for the third and final reading of the Ordinance by a motion made and seconded by Directors Keith 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. 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, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore, PASSED. There was another Zoning Petition, No. Z -3255, to be presented, from Paul D. Morriss, by Mr. Jim ' Hathway, requesting that the southwest corner of Mara Lynn Road and Shackleford Road, be rezoned from "A" One - family District to "E -1" Quiet Business District, and "D" Apartment District. The request for rezoning received the approval of the Planning Commission. Mr. Stan Hunter, residing at 10812 Beverly Hills Drive was present to speak in opposition to the zoning change. He advised there are three kinder- , gartens already in the neighborhood, and another one would certainly increase the traffic flow, adding I that he was vigorously opposed to the proposed zoning. It was pointed out that Shackleford Road would be improved in the near future, becoming a five -lane street and will be able to handle any additional �I traffic this zoning might create. There was no further discussion, and an Ordinance to reclassify the i subject property was placed on first reading. Ordinance No. 13,535 was presented, containing the following title: II AN ORDINANCE RECLASSIFYING THE PROPERTY AT THE SOUTHWEST CORNER OF MARA LYNN ROAD AND SHACKLEFORD 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 Hubbell, seconded by I 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 i the Board of Directors - elect; and the Ordinance was then read the second time. or more of the members of The rules were then suspended to allow for the third and final reading of the Ordinance at this time by ' Ia made and seconded by Directors Dailey and Hubbell, respectively, and unanimously adopted by the motion I 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 Y taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous and Hubbell - total 5; Noes - Directors Shackelford and Jones - total 2; Absent - None. The Ordinance was then declared PASSED. A Public Hearing had been advertised and a proposed Ordinance placed on the Agenda to vacate and close Fillmore Street in Block 7, C. 0. Brack's Addition, to the City of Little Rock. City Attorney Jack Magruder advised that the petition was not in order, due to an abutting property owner not giving consent for the closure. Therefore, there was no action taken and the matter was removed from the Agenda. Presented for consideration at this time was Resolution No. 6,029, entitled: I A RESOLUTION APPOINTING A SUCCESSOR COMMISSIONER AND APPOINTING ASSESSORS FOR BROADMOOR RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 2 OF LITTLE ROCK, ARKANSAS; (Harry J. Scott, William E. Morgan, Jr., and Jimmy C. Bomer appointed assessors; and Mrs. Pauline Howard ' appointed a successor commissioner) with said Resolution being read in its entirety. Filed in connection with the Resolution was a Report of the Commissioners of Broadmoor Recreational Area Improvement District No. 2, regarding the above -named i appointments, and ascertaining that the cost of the improvements, exclusive of interest, will be NOVEMBER 7, 1978, Cont'd. $30,000.00. There was a motion by Director Keith, seconded by Director Dailey, for the adoption of the Resolution. The resulting roll call then provided for adoption of the Resolution s. :',•,herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The next presentation was Ordinance No. 13,536, described as: AN ORDINANCE APPROPRIATING FUNDS FOR THE CABLE TELEVISION EVALUATION CONTRACT WITH TELECOMMUNICATL MANAGEMENT CORPORATION; ($9,500.00) with the said Ordinance being read the first time, followed by a motion from Director Linkous, 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 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 Shackelford, 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 third and last reading of the Ordinance resulted in an Aye and No Vote taken on the passage of the Ordinance, which received the following response: Ayes - Directors Keith, Dailey, Mayor Mehlbur Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Then presented was Ordinance No. 13,537, containing the following title: AN ORDINANCE APPROPRIATING FUNDS FOR TRAFFIC SIGNAL EQUIPMENT FOR GEYER SPRINGS ROAD; ($52,724 appropriated from the unappropriated balance of the Street Fund) and after the first reading, there was a motion 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 unanimously 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 Shackelford, seconded 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 seven 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 Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. The next matter to be considered was Ordinance No. 13,538, entitled: AN ORDINANCE APPROPRIATING CAPITAL IMPROVEMENT FUNDS FOR THE MUSEUM OF SCIENCE & NATURAL HISTORY; ($225,000.00) which was read the first time. A motion was made by Director Linkous, seconded by Director Keith, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by a unanimous vote of the Board Members present, being seven in number and two- thirds or more 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 from Director Shackelford, 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 third and last readin 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 Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Mehlburger then announced the passage of the Ordi- nance. Introduced at this time was Ordinance No. 13,539, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR ADDITIONAL WORK TO BE DONE ON THE HUGHES STREET IMPROVEMENT , NOVEMBER 7 1978, Cont'd. ($10,910.00 appropriated as the City's share) i I with there being a first reading of the Ordinance. A motion followed from Director Linkous, seconded by Director Keith, for a suspension of the rules and the placing of the Ordinance on second reading; with �III the motion being unanimously adopted by members of the Board of Directors present, being seven in number 1� 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 Shackelford to again suspend the rules and place the Ordinance on its third and final reading. Director Linkous seconded the motion, which was the 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 and recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell, and Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared to ha been PASSED. Ordinance No. 13,540 was next presented, described as: AN ORDINANCE APPROPRIATING CAPITAL IMPROVEMENT PROJECT FUNDS FOR CONSTRUCTION ON BLOUNT ROAD; FOR CONSTRUCTION ON BROOKSIDE DRIVE; FOR GILLAM PARK AND HIGHWAY 365, SEVENTH AND SPRING AND CHICOT AND BASELINE DRAINAGE PROJECTS; AND FOR WRIGHT AVENUE OVERPASS REPAIRS; 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 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, by Directors Shackelford 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. 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 described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directo Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordi- nance was declared PASSED. The next presentation was Resolution No. 6,030, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR LEAA FUNDS FOR AN ARMED ROBBERY PREVENTION PROGRAM; AND FOR OTHER PURPOSES; (City's cost to be $909.00) with the Resolution being read in its entirety and subsequently adopted by a motion made by Director Dailey, seconded by Director Linkous, and by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. IIll Resolution No. 6,031 was presented, with the following title: A RESOLUTION WAIVING COMPETITIVE BIDDING AND AWARDING A CONTRACT FOR CUSTODIAL SERVICES; AND FOR I OTHER PURPOSES; I� (Contract awarded to Fred Stover, Inc.) and there was a complete reading of the Resolution, followed by a motion from Director Jones, seconded by Director Keith, for adoption of the Resolution. A roll call was taken on the motion and the result vote adopted the Resolution as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. ordinance No. 13,541 was presented, with the title being: I 1 AN ORDINANCE REPEALING ORDINANCE NO. 13,520 THAT APPROPRIATED FUNDS FOR THE RAYMOND REBSAMEN/ UNIVERSITY PARK TENNIS CENTER COMPLEX; ,/ 11 F I� 1 NOVEMBER 7, 1978, Cont'd. and there was a first reading of the Ordinance A motion was then made by Director Keith, seconded by Director Hubbell, for a suspension of the rules to provide for the second reading of the Ordinance; whi 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 Shackelford, 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 - Directo Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. 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, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance, together with the Emergency Section had been PASSED. At this point in the Meeting, Director Jones made a motion that the Board recess to executive session in the conference room to discuss appointments to various Boards and Commissions. Director Dailey seconded the motion which was adopted by the following roll call vote: Ayes - Director Dailey, Mayor Mehlburger, Directors Shackelford and Jones - total 4; Noes - Directors Keith, Linkous and Hubbell; Absent - None. At 10:15 o'clock P. M. the Board of Directors reconvened in regular session with Mayor Mehlburger presiding and the following Directors answering roll call: Directors Dailey, Shackelford, Hubbell and Jones - total 4; Absent - Directors Keith and Linkous - total 2. The last presentation was Resolution No. 6,032, containing the following caption: A RESOLUTION MAKING APPOINTMENTS & FOR OTHER PURPOSES; (Airport Commission: Robert M. Wilson; Building Code Board of Appeals: John J. Truemper, Jr. and Sanford Wilbourn; City Beautiful Commission: Theodore B. Hannah, Mrs. Sally Phillips and Mrs. Trema L. Fleischauer; Historic District Commission: Mr. John Jarrard; Little Rock Housing Authority: Purcell Smith; Manpower Area Planning Council: Byron Smiley.) with the Resolution being read in its entirety. There was a motion by Director Hubbell, seconded by Director Dailey, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes Director Dailey, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 5; Noes - None; Absent - Directors Keith and Linkous - total 2. There being no further business to be presented or to come before the Board of Directors at this time, upon motion by Director Dailey, seconded by Director Hubbell, the meeting was recessed at 10:20 o'clock P. M. to meet in executive session at 8:00 o'clock A. M. on Friday, November 10, 1978, to continue work on appointments to Boards and Commissions. ATTEST: ??e_M (A� City Clerk APPROVED: yMayor be I. Board of Directors Chamber Little Rock, Arkansas November 10, 1978 - 8:00 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened at 8:00 o'clock A. M., from the November 7, 1978 Board of Directors Meeting to recess into Executive Session for the purpose of discussing app.ointments.and reappointments to Boards and Commissions, with Mayor Mehlburger presidi and the following Directors present: Directors Keith, Dailey, Linkous, Shackelford, Hubbell and Jones total 6; Absent -,,None. The Board of Directors of the City of Little Rock, Arkansas reconvened fromeExecutiveeSessiont n therBoa'rdr.Chamber at 10:12 o'clock A. M., Friday, November 10, 1978 with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Dailey, Linkous, Shackel- ford, Hubbell and Jones - total 6; Absent - None. It was announced by Mayor Mehlburger that a quorum was present, and the following proceedings are recorded as follows: Presented for consideration was Resolution No. 6,033, entitled: A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Planning Commission: Byron Morse, Winifred Whitfield, George Wittenberg, Richard Massey and Robert Wright; Board of Adjustment: Jack Taylor) with said Resolution being read in its entirety. There was a motion by Director Hubbell, seconded by Director Shackelford, for the 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, Shackelford, Hubbell 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 by unanimous vote of the Board Members present, the meeting was adjourned at 10:15 o'clock A. M., to meet again in regular session on Tuesday, November 21, 1978 at 7:30 o'clock P. M. ATTEST: APPROVED: City Clerk Mayor I Lj Board of Directors Chamber ' IIIIIII Little Rock, Arkansas November 21, 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 present: Directors Keith, Dailey, Shackelford, Hubbell and Jones - total 5; Absent - Director Linkous - total 1. A quorum was declared to be present, and the meeting therefore proceeded as herein described: The Invocation was given by Director Jones. The first presentation was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held on November 7, 1978, and the reconvened meeting held November 10, 1978. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of September, 1978. (c) Resolution No. 6,034, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS ' FOR THE ANNUAL SERVICE AGREEMENTS FOR THE BURGLAR AND FIRE ALARM SYSTEMS; FOR THE ANNUAL CONTRACT FOR THE PURCHASE OF PARTS AND MAINTENANCE SERVICE; FOR STAINLESS STEEL,ANIMAL CAGES FOR THE ANIMAL CONTROL CENTER; AND FOR OTHER PURPOSES; (d) Resolution No. 6,035, with the title being: A RESOLUTION DIRECTING THE CITY MANAGER TO HAVE THE CITY'S CONSULTANT, PINNELL, ANDERSON, WILSHIRE & ASSOCIATES, INCLUDE THE INTERSECTION OF 32ND AND UNIVERSITY IN THE DESIGN OF A COMPUTERIZED TRAFFIC SIGNAL SYSTEM FOR UNIVERSITY AVENUE. By a motion from Director Shackelford, seconded by Director Jones, 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 November 7, 1978 were approved as written and simmarized to the members of the Board of Directors; (b) The Comparative Statement of Income Account was received and filed; (c) Resolution No. 6,034 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; ' Absent - Director Linkous - total 1; and (d) Resolution No. 6,035 was read in full. Mr. William H. Jacobson, a Faculty Member of the Rehabilitation and Special Education Program at the University of Arkansas at Little Rock, read and filed a prepared statement pleading for the speedy installation of a traffic light at the intersection of 32nd and University Avenue. Mr. Jacobson was advised that he would be given an opportunity to provide input with the consultant regarding this traffic signal system. The Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburge Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. Introduced at this time was Ordinance No. 13,542, described as: AN ORDINANCE APPROPRIATING CAPITAL IMPROVEMENT PROJECT FUNDS FOR THE 13TH STREET BRIDGE; AND FOR OTHER PURPOSES; (Total cost - $304,500) and the Ordinance was read the first. time. Mr. Larry Rogers, Chairperson of the Centennial Neighbor- hood Organization was the spokesman for a large group of residents who were present supporting the construction of a new bridge, rather than other alternatives offered; one of which was to close the ' bridge to automobile traffic and construct a cul -de -sac and provide playground and park facilities. Mr. Rogers reminded that a new viaduct for this location was included in the 1975 General Obligation Bond Issue Election. The amount included in the Bond Issue for this improvement was $100,000, while recent engineering studies show it will cost $304,000 to replace the bridge at this time. Mr. Rogers further commented that residents near the bridge consider it a "principle and matter of trust" for the I 20 V NOVEMBER 21, 1978, Cont'd. 11 City to continue with its original plan to make the bridge safe for automobile traffic. Ms. Lottie I I Powell Thomas, a resident of the area spoke to the Board advising, "we expect you to live up to your Ecommitment - we are not going to back down one iota - we want a bridge - we did not accept alternatives." - Mayor Mehlburger and Director Dailey, both supporting the proposal, expressed concern and disappointment with the attitude the matter was presented. There was a motion at this time by Director Keith, seconded by Director Dailey, to suspend the rules and place the Ordinance on second reading. The motion was II II adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors 1 I Shackelford and Jones - total 5; Noes - Director Hubbell - total 1; Absent - Director Linkous - total 1. The Ordinance was then read the second time, after which the rules were again suspended by a motion from Director Keith, seconded by Director Dailey and by the following roll call vote: Ayes - Directors Keith, iDailey, I Mayor Mehlburger, Directors Shackelford and Jones - total 5; Noes - Director Hubbell - total 1; Absent - Director Linkous - total 1. The Ordinance was read the third and last time, 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 Shackelford and Jones - total 4; Noes - Directors Keith and Hubbell - total 2; Absent - Director Linkous - total 1. The Ordinance was therefore, declared PASSED. The following Zoning Petitions, as approved by the Planning Commission, were then presented for consideration by the Board of Directors: ' Z -3256 - Petition from Charles Dougan for Elizabeth Spradley, to rezone 105 -107 North Palm Street, I'If described as Lots 15 & 16, Block 7, Elmhurst Addition to the City of Little Rock, Arkansas, from "B" Residence District to "E -1 ".Quiet Business District. Z -3265 - Petition from Attorney P. A. Hollingsworth for Economic Opportunity Agency of Pulaski �M County, to rezone 2500 Gaines Street, described as the East 180 feet of Block 16, Kimball's South Park i Addition to the City of Little Rock, Arkansas, from "F" Commercial District to "E" Apartment District. Z -3267 - Petition from General P. Thomas for Grace M. Johnson to rezone 3005 Asher Avenue, described as Lots 1 & 2, Block 2, Gallagher Addition to the City of Little Rock, Arkansas, from "E -1" Quiet Bus - y, iness District to "F" Commercial District. Z -3269 - Petition from James Matthews for Acme Development Company to rezone 22.5 acres on Mara Lynn Road, east from Napa Valley Drive, described in long legal description and referred to as "Turtle I'I I Creek ", from "A" One- family District to "MF -18" Multi - family District. As there was no opposition presented to the proposed reclassification of the above - described prop- erties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,543, as ' follows) ! Ordinance No. 13,543 was presented, containing the following title: w, 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; j with there being a first reading of the Ordinance, followed by a motion from Director Hubbell, seconded i1 by Director Keith, 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 Ordinance 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 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 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 Y Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. Whereupon, the Ordinance was declared PASSED. NOVEMBER 21, 1978, Cont'd. Zoning Petition No. Z -3261 - was next presented from Ms. Sharon Cain for the Little Rock Yacht Club to rezone the Little Rock Yacht Club Marina (long legal description) from "A" One- family District ' to "F" Commercial District, as approved by the Planning Commission. There being no persons in attend- ance to present opposition to the Petition, an Ordinance to reclassify this property was placed on first reading:. (See Ordinance No. 13,544 below) There was presented Ordinance No. 13,544, entitled: AN ORDINANCE RECLASSIFYING THE PROPERTY KNOWN AS THE LITTLE ROCK YACHT CLUB WITHIN THE EXTRA- TERRITORIAL JURISDICTION OF 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 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 by Director Keith for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Dailey, 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 Mehlburger, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. The Ordinance was then declared PASSED. A Petition from Betty Ann Couch, Trustee for Robbie M. Jackson Trust and from J. Wythe Walker, President of River Club Development Corporation, was presented in which they requested the vacating and closing of the NS alley in Block 6, Reyburn & Wright's Addition in the City of Little Rock, lying betwe the South right -of -way of West 7th Street and the North right -of -way of I -630. The Petition, which had been approved by the Planning Commission, was accompanied by a letter from Beach Abstract Company certifying to the abutting property owners, and also a certified copy of Reyburn and Wright Addition as recorded in the Office of the Circuit Clerk and Ex- Officio Recorder in Plat Book No. 1, at Page 25. (See Resolution No. 6,036 setting -the date of Public Hearing for December 19, 1978, as follows) ' Presented at this time was Resolution No. 6,036, described as: P 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 6, REYBURN & WRIGHT'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS;, and the Resolution was read in its entirety. A motion was 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 Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Linkous - total l.. The next presentation was a Petition from James Fureigh, Louis C. Cockman, Jr. and the Baptist Medical Center requesting the vacating and closing of the North 20 feet of Patton Place Street in Patt Place Addition to the City of Little Rock, Arkansas, which had received the approval of the Planning Commission. Included with the Petition was a letter from the Pulaski County Title Company certifying the last owners of record of the abutting property; and also a certified copy of Section "A" of Patton Place Addition from the Office of the Pulaski County Circuit Clerk as recorded in Plat Book No. 14, at ' Page 5. (See Resolution No. 6,037 below, which sets the date of Public Hearing for December 19, 1978) Resolution No. 6,037 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 THE NORTH 20 FEET OF PATTON PLACE STREET IN PATTON PLACE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; v NOVEMBER 21, 1978, Cont'd. and said Resolution was read in full. A motion was then made by Director Keith 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 Shackel- ford, Hubbell and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. There was a Petition presented for consideration from Capitol City Rental Company, Inc. and Samuel R. Raines, requesting that all that part of Florida Street from the South line of Kentucky Street to the North line of Ohio Street in'the City of Little Rock, Arkansas be vacated and closed. The Petition, which had been approved by the Planning Commission, was accompanied by a letter from the Pulaski County Title Company certifying to the abutting property owners, and also a certified copy of the plat of Riffe and Rhoten's Forest Park Highland Addition, as recorded in the Office of the Pulaski County Circuit Clerk and Ex- Officio Recorder in Plat Record Book No. 1, at Page 18. (See Resolution No. 6,038 setting the date of Public Hearing for December 19, 1978, as follows) Resolution No. 6,038 was then 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 STREET BETWEEN BLOCK 2 IN RIFFEL AND RHOTEN'S FOREST PARK HIGHLAND ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS AND BLOCK 5 IN RATTERREES' FOREST PARK HIGHLAND ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; I and there was a complete reading of the Resolution; after which a motion by Director Keith, seconded by Director Jones, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - None. Mr. P. A. Hollingsworth; Attorney for a group of organizations, addressed the Board of Directors at this point in the meeting, advising that the subject for discussion was "Cable TV" for which the group he represents desires input adding, "all we ask is that you listen to us." He then introduced Mr. Herb Coleman, a resident of the inner City, who presented the request. Mr. Coleman stated that the various organizations have formed a consortium, and their concern is: "1. The cable companies present structure that does not include any individual participation as shareholders from one entire section of this city; 2. The cable companies complete disregard, in any meaningful way, for participation by our community so far as inducements'are concerned in order for them to receive favor- able consideration for obtaining the franchise in our city; 3. The history of cable companies that have located in other cities -- having promised , many fringes that have in fact not been delivered once the franchise was obtained; - and, after reviewing the applications of the six cable bidders, our research shows that not one company includes any individual from our community as a shareholder. This consortium desires the ownership of at least one quadrant and to have an opportunity to be a joint venture with one of the major companies." Mr. Coleman concluded with, "we are asking you, within the next two weeks, to listen to our proposals and we want to be a partner to either of the six." There was no further discussion. Introduced at this time was Ordinance No. 13,545, entitled: AN ORDINANCE ACCEPTING AND APPROVING THE ANNEXATION TO THE-CITY OF LITTLE ROCK, ARKANSAS, OF A TRACT OF LAND DESCRIBED AS: PART OF PLEASANTREE FOURTH ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, LOCATED IN THE E1 OF THE SW-14 OF THE NW14 OF SECTION 33, T -2 -N R -13 -W, PULASKI COUNTY, ARKANSAS, CONTAIN- ING 4.59 ACRES MORE OR LESS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER. WHICH LAND IS CONTIGUOUS TO THE PRESENT CITY LIMITS AND FOR OTHER PURPOSES; (Pulaski County Court Order dated October 10, 1978) 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 Hubbell, seconded by a NOVEMBER 21 1978 Cont' d. Director Dailey, and unanimously adopted by the Board Members present, being six in number and two - thirds 1 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 Shackelford, Hubbell and Jones - total 6; j Noes - None; Absent - Director Linkous - total 1. The Ordinance was then declared PASSED. The next matter to be considered was Ordinance No. 13,546, containing the following caption: ,i I AN ORDINANCE AMENDING ORDINANCE NO. 13,358 OF THE BOARD OF DIRECTORS PERTAINING TO LICENSE AND I PRIVILEGE TAXES; AND FOR OTHER PURPOSES; I (Re: Bondsmen; Brokers; Business or Commercial Property including housing units, rental of; Meats, Packing House Companies; Sporting Goods Companies; Wholesale Inventory Operations, unless otherwise specified; and Adjustment of Tax.) I 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 Dailey and I I 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 y, I � seconded by Directors Shackelford and Hubbell, 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. l Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the passage) Ii of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, I'I Directors Shackelford, Hubbell and Jones - total 6; Noes - .None; Absent - Director Linkous - total 1. �i Whereupon, the Ordinance was declared PASSED. i Ordinance No. 13,547 was presented, described as: , AN ORDINANCE APPROPRIATING CAPITAL IMPROVEMENT PROJECT FUNDS FOR 9TH AND BOND STREETS IMPROVEMENT; AND FOR OTHER PURPOSES; ($565,789) f with said Ordinance being read the first time. There was a motion which followed from Director Keith, I 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 - third] !. 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 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 membersI, 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 Keith, Dailey, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. It was announced that the Ordinance had PASSED. 1` Ordinance No. 13,548 was presented, containing the following title: AN ORDINANCE APPROPRIATING FUNDS FOR THE PURCHASE OF THREE VANS FOR USE BY THE COUNCIL FOR THE I AGING; AND FOR OTHER PURPOSES; Il I ($14,470 from Central Arkansas Transit Funds included in the 1979 Budget under Category "B ") ' with there being a first leading of the Ordinance. Director Keith made a motion to amend the Ordinance i I� to read, "that these funds be taken from the Central Arkansas Transit Funds included in the 1979 Budget under Category 'B', once the commitment to Central Arkansas Transit has been determined." A brief discussion ensued, and Director Dailey seconded the motion to amend the Ordinance as stated above with a 'I roll call being taken on the motion and the results recorded herein: Ayes - Directors Keith, Dailey, Director Linkou - Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - /tot-, 1. Wit �! the motion to amend the Ordinance having been adopted, a motion followed from Director Keith to suspend ��II the rules and place the Ordinance, as amended, on its second reading. The motion was seconded by i 1 I i ,I ✓ NOVEMBER 21, 1978, Cont'd. 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;.. as amended, placed on its third and final reading by a motion made and_seconded:by Directors Hubbell 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.. 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 following results: Ayes - Directors Keith, Daile Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. 'The Ordinance was declared - PASSED.. Resolution No. 6,039 was next presented, with the title being:- A RESOLUTION ACCEPTING•DEDICATION_DEEDS FROM THE.SIDNEY.THOM FAMILY.AND FROM RECTOR- PHILLIPS - MORSE; AND FOR OTHER PURPOSES; (Thom property -.For Gillam Park; Rector - Phillips -Morse - .Property at Evergreen-Road and University Avenue) with the Resolution read in its entirety. A motion by Director Hubbell, seconded by Director Dailey, resulted in a roll call vote which adopted the Resolution as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. A Resolution regarding the demolition of the "Circus Bazaar" had been placed on the Agenda but, i the matter was deferred and no action was taken. The last item to be considered was Ordinance No. 13,549, entitled: AN ORDINANCE ESTABLISHING A SMALL CLAIMS COURT FOR THE CITY OF LITTLE ROCK 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 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. 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 Shackelford, 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 Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Linkous - total 1. Whereupon, the Ordinance was declared PASSED. There was no further business to be presented or to come before the Board of Directors, upon motion of Director Hubbell, seconded by Director Shackelford, and by unanimous vote of the Board Members presen the meeting was recessed at 9:25 o'clock P. M. to reconvene on Wednesday, November 22, 1978, after the Subdivision Workshop, for the purpose of discussing appointments to Boards and Commissions. ATTEST: ��! - APPROVED: %ZZ . City Clerk - - -- - Mayor 7 1 0 Board of Directors Chamber Little Rock, Arkansas November 22, 1978 - 11:10 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the November 21, 1978 meeting with Mayor Mehlburger presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Dailey, Linkous, Shackelford, Hubbell and Jones - total 6; Absent - None. Mayor Mehlburger announced that the purpose of reconvening was to go into Executive Session for discussing personnel and appointments to Boards and Commissions. Director Dailey made the motion to recess which was seconded by Director Linkous and unanimously adopted by the Board Members present. Board of Directors Chamber Little Rock, Arkansas November 22, 1978 - 1:00 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from Executive Session with Mayor Mehlburger presiding and the following Directors answered roll call: Directors Keith, Dailey, Linkous, Shackelford, Hubbell and Jones - total 6; Absent - None. Mayor Mehlburger announced there was no business to be presented or to come before the meeting and Director Linkous made a motion that the meeting be adjourned, with the motion being seconded by Director Dailey and unanimously adopted by the Board Members present. The meeting was then adjourned with the next regular meeting of the Board of Directors to be December 5, 1978 at 7:30 o'clock P. M. ATTEST: ( APPROVED. %0.% Nw", City Clerk Mayor v Board of Directors Chamber Little Rock, Arkansas December 5, 1978 - 8:30 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, Shackelford, Hubbell and Jones - total 5; Absent - Director Dailey - total 1. A Public Hearingill was held on the 1979. City of Little Rock Budget beginning at 7:00 o'clock P. M. The Hearing was not closed until 8:25 P. M.,therefore, the Board Meeting was delayed until 8 :30 o'clock P. M. It was announced that there was a quorum in attendance, and the meeting proceeded as herein described: The Invocation was given by City Manager Carleton E. McMullin. Presented first was the Consent Agenda, consisting of the following items; (a) The Minutes of the previous meeting held on November 21, 1978. (b) Resolution No. 6,040, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE GENERAL CONSTRUCTION ON THE RAYMOND REBSAMEN TENNIS CENTER; AND 1111 ' FOR OTHER PURPOSES; (c) Resolution No. 6,041, described as: A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1979; AND FOR OTHER PURPOSES; By motion of Director Linkous, seconded by Director Shackelford, 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. 6,040 was read in full and adopted; and (c) Resolution No. 6,041 was read in full and adopted. Introduced at this time was Ordinance No. 13,550, 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; (Lots 4 & 5, Hinson Place, .837 of an acre + - Court Order dated October 24, 1978) and the Ordinance was read the first time. There was a motion at this time by Director Jones, seconded by Director Keith, 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 Keith, seconded by Director Shackelford, 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 read- ing of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein recorded; Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. The Ordinance was then declared PASSED. Zoning Petition No. Z -3262 was next presented from Ed and Ann Willis, by Mr. Maury Mitchell of Fausett & Company, requesting the reclassification of property in the 1900 Block of Hinson Loop Road (long legal description) from Unclassified District to "MF -18" Multi - 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. 13,551, below) AN ORDINANCE RECLASSIFYING A PROPERTY IN THE 1900 BLOCK OF HINSON LOOP 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; 27 DECEMBER 51 1978, Cont'd. and there was a first reading of the Ordinance. A motion was then made by Director Keith, which was II 4 seconded by Director Linkous, 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 - The Ordinance was sub- II lj elect. I sequently read the second time, resulting in a motion by Director Linkous for a further suspension of �I I the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director' Shackelford, 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 II I! II third and last reading of the Ordinance. There was an Aye and No Vote taken on the question, Shall the ` Ordinance Pass, resulting in the following vote: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. Whereupon, the Ordinance was declared PASSED. A Request by Attorney E. DeMatt Henderson for First Federal Savings and Loan Association of Little Rock, Arkansas and Mamie Woodruff was presented, in which they requested that the Non - dedicated North/ I; South Alley in Block 105, Original City of Little Rock, Arkansas, be vacated and closed. The Request had been approved by the Planning Commission and was accompanied by a letter from the Beach Abstract and Guaranty Company certifying to the abutting property owners, and also a certified copy of the Plat containing Block 105, Original City, as recorded in the Office of the Circuit Clerk and Ex- Officio , Recorder of Pulaski County, Arkansas. (See Resolution No. 6,042 setting the date of Public Hearing for g" I December 19, 1978, as follows) Presented at this time was Resolution No. 6,042, with 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 A NONDEDICATED ALLEY IN BLOCK 105, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; II I and the Resolution was read in its entirety. A motion was then made by Director Linkous, seconded by Director Keith, which resulted in adoption of the Resolution by the following roll call vote: Ayes Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. I The.next matter to be considered was a proposed Ordinance, containing the following caption: j AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD. (, BEGINNING JANUARY 1, 1979 AND ENDING DECEMBER 31, 1979; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS I OF EXPENDITURE THEREIN PROVIDED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; i II with there being a first reading of the Ordinance. There was no motion and second for the suspension of +I ICI the rules; therefore, the proposed Ordinance remained on the calendar for second reading. 'I � Introduced next was Ordinance No. 13,552, entitled: I i AN ORDINANCE ADJUSTING THE COST OF A POLICE ACCIDENT REPORT WITHIN THE CITY OF LITTLE ROCK FROM $2.00 to $10.00; YI with the Ordinance being read the first time. Mr. Ron Lindsey, Executive Vice President of Independent11II Insurance Agents of Arkansas, was present and advised the Board that it was hard to conceive of a 5007 VII I increase in the cost of accident reports, adding this is a sincere concern of the agents. Director it Keith explained the high cost involved in preparing these reports and stated' "the City must make some cost recovery." A representative of the State Farm Agents spoke to the Board, advising this increase would cost his company $8,000 per year. He felt it to be a revenue measure. Upon question by Director Hubbell, City Attorney Jack Magruder stated that it would probably take legislation, in order to add this cost to the fine. There was no further discussion and a motion followed from Director Keith 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, bein g 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. ; lb DECEMBER 5. 1978. Cont' 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. 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, Linkous, Hubbell and Jones - total 4; Noes - Mayor Mehlburger and Director Shackelford - total 2; Absent - Director Dailey total 1. It was announced that the Ordinance had PASSED. Ordinance No. 13,553 was presented, described as: AN ORDINANCE ESTABLISHING INSPECTION AND REPORT FEES FOR SERVICES PERFORMED BY THE LITTLE ROCK FIRE DEPARTMENT; with said Ordinance being read the first time. Director Linkous made a motion that the Ordinance be amended "to provide that the fee for Fire Alarm Reports (for verification of fire loss) be $25.00 each; and that the fee for Fire Department inspection of Home for Exceptional Children, Youth Home, Nursing Homes and Day Care Centers be $10.00." The motion was seconded by Director Jones. Director Keith made a substitute motion that both fees be set at $25.00, which died for lack of a second. A roll call was then taken on the motion by Directors Linkous and Jones, which was adopted by unanimous vote of the Board Members present. A subsequent motion then followed from Director Keith to suspend the rules and place the Ordinance, as amended, on its second reading. The motion was seconded by Director Shackelford 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, as amended, 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 Shackelford 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, as amended, 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, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. Therefore, the Ordinance was declared PASSED. Resolution No. 6,043 was next presented, with the title being: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE.CITY.OF LITTLE ROCK, ARKANSAS, AND ARKTIC ICE, 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; ($1,500,000) with the Resolution read in its entirety. A motion by Director Linkous, seconded by Director Jones, resulted in a roll call vote which adopted the Resolution as herein described: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. The next matter to be considered was Ordinance No. 13,554, containing the following title: AN ORDINANCE SETTING OUT AN ATTENDANCE POLICY FOR BOARDS AND COMMISSIONS AND DECLARING THAT AN EMERGENCY EXISTS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Director Hubbell made a motion that Section 3 be amended of the word "position" whereby Section 3 would read as follows: "Section 3. That when a member of a board or commission has missed more than 25% of all regular meetings of that particular board or commission in one calendar year or more than 3 consecutive regularly scheduled meetings, then such person is automatically removed from such position unless, prior to the next scheduled meeting of the City Board of Directors, the members submits in writing the reasons for such absences and expresses his desire to remain ,on the Board or Commission, then the City Board of Directors, by a majority vote, shall allow the member to continue to serve." The motion by Director Hubbell was seconded by Director Keith and adopted by unanimous vote of the Board I,, �I DECEMBER 5, 1978, Cont'd. I of Directors present. There was a subsequent motion from.Director Linkous, seconded by Director Jones that the rules be suspended and the Ordinance, as amended, 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 Ordinance 1 ensued. A motion was then made for a further suspension of the rules to provide for the third and final reading of the Ordinance, as amended, at this time; with the motion being made by Director Jones, second -, i ed by Director Linkous, and unanimously adopted by members of the Board of Directors present, being six (I 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 Or as amended, resulting in an Aye and No Vote being taken on the question, l Shall the Ordinance Pass, and the vote is herein recorded as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director;' I Dailey - total 1. The Emergency Clause contained in Section 6 of the foregoing Ordinance was read at this time and I subsequently adopted by the following roll call vote: Ayes - Director Keith, Mayor Mehlburger, Directorsi Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. It was announced that the Ordinance, together with the Emergency Section, had been PASSED. Resolution No. 6,044 was considered next, entitled: A RESOLUTION DIRECTING CITY STAFF TO USE THE INJECTION METHOD OF EUTHANASIA EXCLUSIVELY AT THE CITY ANIMAL SHELTER FOR A TRIAL PERIOD OF THREE MONTHS; AND FOR OTHER PURPOSES; and said Resolution was read in full. A motion was made by Director Jones, seconded by Director Shackel- ford, for adoption of the Resolution and subsequently to a roll call vote whereby the Resolution was I adopted as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Dailey - total 1. A proposed Ordinance was presented, with the title being: I AN ORDINANCE GRANTING A FRANCHISE TO RAINEY REALTY COMPANY TO MAINTAIN A SIGN ON THE STREET RIGHT- OF-WAY FOR PLEASANT FOREST DRIVE; with there being a first reading of the Ordinance. There was no motion and second for the suspension of the rules and the Ordinance remained on the calendar for second reading. Resolution No. 6,045 was introduced with the following heading: it ' A RESOLUTION IN SUPPORT OF A PROPOSED STATE ENABLING ACT FOR STATE -WIDE DRAINAGE SYSTEMS; ENCOURAGING OTHER MUNICIPALITIES TO JOIN IN SUPPORT OF THE PROPOSAL; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion followed from Director Keith, seconded by Director Shackelford, which resulted in a roll call vote adopting the Resolution as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes None; Absent - Director Dailey - total 1. �1 i � • proposed Resolution had been placed on the Agenda, entitled: • RESOLUTION REQUESTING THAT CHASE MANHATTAN BANK PURSUE VARIOUS ALTERNATIVES REGARDING THE III "CIRCUS BAZAAR "; the proposed Resolution was deferred and no action was taken. The last presentation was Resolution No. 6,046, containing the following title: A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED FROM THE HOUSING AUTHORITY OF THE CITY OF LITTLE i ROCK, ARKANSAS; AND FOR OTHER PURPOSES; i I �' (Close -out of Central Little Rock ARK -12 Project) with the Resolution being read in its entirety. Director Keith requested that the City Manager submit a list of the properties acquired in this transaction; and Mayor Mehlburger asked that the procedure Y i to be followed as required by law, for disposing of any of the property, be included in the information. There was a motion by Director Keith, seconded by Director Shackelford, which resulted in a roll call 'Y i DECEMBER 5, 1978, Cont'd. vote whereby the Resolution was adopted as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 6; Noes None; Absent - Director Dailey - total 1. City Manager Carleton E. McMullin advised the Board of Directors that.the date for meeting with the Consultant on Cable Television Bids had been set for Friday, December 15,1978 at 8:00 o'clock A. M. , City Attorney R. Jack Magruder presented a copy of a letter to the Board of Directors that he proposes to send to approximately fifteen Little Rock attorneys, who have not paid their privilege tax, as required by Ordinance. He was instructed by the Board of Directors to proceed with sending the letters to those attorneys whose tax is delinquent: Mr. Magruder also, told the Board of Directors that he had been real impressed with the response to the Small Claims Court, adding that the attorneys had been waiting for the establishment of the Court and asked him to express their appreciation to members of the Board of Directors. . City Attorney Magruder requested a fifteen or twenty minute meeting with the Board of Directors, and the time and date was set for 8:30 o'clock A. M., Wednesday, December 13, 1978. There being no further business to be presented or to come before the Board of Directors at this time, upon motion by Director Keith, seconded by Director Hubbell, the meeting was recessed at 9:20 o'clock P. M. to meet in executive session with City Attorney Magruder at.8:30 o'clock A. M. on Wednesday, December 13, 1978. ' ATTEST: (0,7t6 APPROVED: c,� �h• City Clerk Mayor 1 M III 1 1 1 Board of Directors Chamber Little Rock, Arkansas December 13, 1978 - 8:30 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the December 5, 1978 meeting with Mayor Mehlburger presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Dailey, Linkous, Shackelford, Hubbell and Jones - total 6; Absent - None. Mayor Mehlburger announced that the purpose of reconvening was to go into Executive Session for a meeting with City Attorney R. Jack Magruder. Director Dailey made the motion to recess which was seconded by Director Linkous and unanimously adopted by the Board Members present. Board of Directors Chamber Little Rock, Arkansas December 13, 1978 - 9:30 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from Executive Session with Mayor Mehlburger presiding and the following Directors answered roll call: Directors Keith, Dailey, Linkous, Shackelford, Hubbell and Jones - total 6; Absent - None. Mayor Mehlburger announced there was no business to be presented or to come before the meeting and Director Linkous made a motion that the meeting be adjourned, with the motion being seconded by Director Dailey and unanimously adopted by the Board Members present. The meeting was then adjourned with the next regular meeting of the Board of Directors to be December 19, 1978 at 7:30 o'clock P. M. ATTEST: ?A414, &6a— City Clerk APPROVED: �1 11 Mayor II 32 III - Board of Directors Chamber I� Little Rock, Arkansas I� I� December 19, 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, i Dailey, Linkous, Shackelford, Hubbell 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 Mayor Mehlburger. Presented first was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on December 5, 1978 and reconvened meeting held December 13, 1978. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works ` i for the month of October, 1978. (c) The Abstract of Votes -cast at the November, 1978 General Election for three Directors (Position Nos. 1, 2 and 4). (d) Resolution No. 6,047, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE ANNUAL PURCHASE ORDER FOR GASOLINE SUPPLIES; FOR WASTE PICKUP FOR VARIOUS CITY i BUILDINGS; FOR ANNUAL CONTRACTS FOR PURCHASE OF PARTS AND MAINTENANCE SERVICES; AND FOR r OTHER PURPOSES; - - (e) Resolution No. 6,048, with the title being: A RESOLUTION ADOPTING A PAY PLAN FOR PERSONNEL OF THE CITY OF LITTLE ROCK FOR THE I YEAR 1979; AND FOR OTHER PURPOSES; (f) Resolution No. 6,049, described as: A RESOLUTION REQUESTING THAT CHASE MANHATTAN BANK PURSUE VARIOUS ALTERNATIVES REGARDING THE "CIRCUS BAZAAR "; (g) Resolution No. 6,050, with the following caption: A RESOLUTION DESIGNATING THE KEYSTONE GROUP AS PREFERRED DEVELOPERS OF THE TENNENBAUM 1 PROPERTY; AND FOR OTHER PURPOSES; (h) Resolution No. 6,051, with the following title: A RESOLUTION REQUESTING THE CITY MANAGER TO DIRECT THE STAFF TO REVIEW THE SIGN i ORDINANCE AND PRESENT THE RESULTS OF SUCH TO THE BOARD OF DIRECTORS BY JULY, 1979; �I (i) Resolution No. 6,052, designated as: A RESOLUTION REQUESTING THE CITY MANAGER TO DIRECT THE STAFF TO REVIEW THE SUBDIVISION i` ORDINANCE AND PRESENT THE REPORT OF SUCH TO THE BOARD OF DIRECTORS ONE YEAR FROM THE DATE 1 OF THE PASSAGE OF THE ORDINANCE; C (j) Resolution No. 6,053, with the title being: A RESOLUTION EMPLOYING BOND COUNSEL FOR THE PROPOSED LITTLE ROCK CONVENTION CENTER REVENUE BONDS; By motion of Director Keith, seconded by Director Linkous, and a roll call vote with all members voting 1 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 was received I �I and filed; (c) The Abstract of Votes was received and filed; and (d, e, f, g, h, i & j) Resolutionf DECEMBER 19 1978 Cont'd. Nos. 6,047, 6,048, 6,049, 6,050, 6,051, 6,052 and 6,053 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, 1111II Hubbel and Jones - total 7; Noes - None; Absent - None. The next presentation was Ordinance No. 13,555, containing the following title: AN ORDINANCE REPEALING CHAPTER 37 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK FOR THE SUBDIVIDING OF LAND WITHIN THE PLANNING AREA 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 Hubbell 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 Directo Keith, seconded by Director Shackelford, 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 Ordi- nance which resulted as herein recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordi- nance was declared PASSED. Ordinance No. 13,556 was considered, entitled: AN ORDINANCE ESTABLISHING CHAPTER 37 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS FOR THE SUBDIVIDING OF LAND WITHIN THE PLANNING AREA OF THE CITY AND FOR OTHER PURPOSES; with the Ordinance being read the first time. Mr. Nathaniel Griffin,, Director of Comprehensive Planning gave a presentation regarding sidewalk requirements using Parkway Place and Echo Valley Subdivisions-for the analysis. Mr. Russ McDonald, President of Winrock Homes was.,present and stated the proposed require ments would increase the cost of a $35,000 home some $500.00. He further commented that he concurred in requiring sidewalks on collector streets and near schools but, did not think requiring sidewalks on one side of all residential streets would be a wise decision. .Mr. Bruce Blackall, Vice President of the Home Builders Association concurred with Mr. McDonald. At this point, Director Shackelford said she appreciates the concern of developers in providing homes for low income people but, at the same time, these are the people who need a place for their children to play. Director Dailey then moved that the 1 Ordinance be amended as follows: "Article 5, Section 8, Page 46, C. Insert period after 'development' and omit remainder of paragraph; D. Omit words 'and residential' on third line; E. Omit 'residential and'; G. Eliminate entirely; Page 38 - Omit one side of chart "; with the motion being seconded by Director Keith. Subsequently, Director Hubbell offered a substitute motion to amend: "Article II, Section 37.11, Item 56 to read, "Street, Minor Residential - Loop and cul -de -sac streets not exceeding 750 feet in length in the case of the latter and 1500 feet in the case of the former and providing access to not more than 35 single family units'''; and Amend Paragraph 4.a. on Page 39 to read, 'cul -de -sacs shall have a maximum length of 750 lV unless otherwise approved by the Planning Commission. Where a street does not extend to the boundary of a subdivision, and its continuation is not required by the Planning Commission for access to adjoining property, its terminus shall not normally be closer than fifty (50) feet to such boundary'; and IIIIIII Add Paragraph H. to Section 37.27 as follows: 'Sidewalks are not required to be constructed {I` at the same grade of the curb of the street, nor are they required to be constructed in a straight line if such straight line construction would damage trees:'." The motion was seconded by Director Jones. Mr. Roger Armbrust of the Chamber of Commerce advised that the Chamber basically endorses the sidewalk concept, while Mr. Blackall commented that he does not su the amendment by Director Hubbell. There was no further discussion, and a roll call was taken on the DECEMBER 19, 1978, Cont'd. motion from Director Hubbell with the following results.: Ayes Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The amendment was declared passed, followed by a roll call on the motion by Director Dailey. His motion failed with the votes herein recorded: Ayes - Directors Keith, Dailey and Linkous - total 3; Noes - Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 4; Absent - None. At this time Director Shackelford moved that the rules be suspended and the Ordinance, as amended, be placed on second reading, with the motion receiving a second by Director Jones and unanimous adoption by 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, as amended,.,and the rules were again suspended and the Ordinance, as amended, placed on its third and final reading by a motion again made by Director Shackelford, 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. Following the 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 recorded: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total,7; Noes - None; Absent - �II None. It was announced that the Ordinance, as amended, had PASSED. Presented next was Ordinance No. 13,557, entitled: AN ORDINANCE ESTABLISHING THE CITY'S PLANNING JURISDICTION LINE; AND FOR OTHER PURPOSES; with there being 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 seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was read the second time, resulting in a motion by Director Hubbell for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Dailey, 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; 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, resulting in the following vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. ! At this point in the meeting Mayor Mehlburger presented plaques in appreciation of service to Directors Dailey and Linkous, who will be retiring from the Board effective December 31, 1978. �Y Introduced next was Ordinance No. 13,558, described as: AN ORDINANCE TO GRANT TO MIDWEST AMERICAN CABLE COMPANY THE FRANCHISE, RIGHT AND PRIVILEGE TO CONSTRUCT, ERECT, OPERATE AND MAINTAIN IN, UPON, ALONG, ACROSS, ABOVE, OVER AND UNDER THE 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 CABL& TELEVISION �I SYSTEM FOR THE INTERCEPTION, SALE AND DISTRIBUTION OF TELEVISION AND RADIO SIGNALS; "late in I before the first reading of the Ordinance, Mayor Mehlburger made a statement in which he said N this process we were confronted with a group of people who had formed a consortium. We listened and grappled with the problems of equal opportunity for all our citizens and, I believe the successful bidder has a mandate to work with the minorities of our City." He then ;eicplaiiied a voting system i, for awarding the franchise. Attorney P. A. Hollingsworth, representing the consortium, expressed hope ' that there would be some sort of amendment to the Ordinance that would provide for the group. Director C� � vl Dailey stated that he would not propose an amendment because of the timing and would hate to see any !� thing that would jeopardize the process and delay of cable television. At this time Mayor Mehlburger then called for nominations from the Board Members of the six companies submitting bids: I X35 DECEMBER 19, 1978, Cont'd. Director Keith, seconded by Director Shackelford, nominated Midwest American Cable I� and Riverside Cable Ty, Inc. I. Director Jones, seconded by Director Dailey, nominated Cablecom of Little Rock and - CPI of Little Rock, Inc. Director Linkous, seconded by Director Dailey, nominated Little Rock Cable -- Television, Inc. With nominations ceasing, a roll call vote was taken on the nominations with the following results: I, Directors Keith and Linkous voting for Midwest; Directors Dailey and Jones voting for Cablecom; II Mayor Mehlburger voting for Little Rock Cable Company; Director Shackelford voting for Riverside; and Director Hubbell abstained; with no Board Members absent. Director Shackelford announced that she �u! was changing her vote (see Item 6. of the voting system) to Midwest American Cable Company, whereby ll, 1' Little Rock Cable Company and Riverside were eliminated from the list. A subsequent roll call vote was then taken on the two remaining bidders and recorded as follows: Midwest American Cable Company Director Keith, Mayor Mehlburger, Directors Linkous and Shackelford - total 4; Cablecom of Little Rock ft Directors Dailey and Jones - total 2; Abstaining - Director Hubbell - total 1; Absent - None. An � announcement was made by Mayor Mehlburger that Midwest American Cable Company was the successful bidder. After the successful bidder was announced, Director Hubbell made a statement that he would like to see Midwest American Cable Company and American Television and Communications provide a written guarantee �y+ that Midwest will live up to the obligations. A spokesman for the Company stated that what they felt it was a guarantee, could be found in the Bid. Director Keith concurred with Director Hubbell that he �r wanted to see the documents in writing. The company representative agreed to the request and the I� Ordinance awarding the franchise to Midwest American Cable Company was then read the first time. The 1� rules were then suspended and the Ordinance placed on its second reading by a motion from Director { Linkous, seconded by Director Dailey, 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 Ordi- nance was read the second time; after which there was a subsequent motion from Director Keith, 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 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 1 following response: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford ^V and Jones - total 6; Noes - None; Abstaining - Director Hubbell - total 1; Absent - None. Therefore, I the Ordinance was declared PASSED. After the passage of the Ordinance, City Attorney R. Jack Magruder I advised that the State Statute requires that the Ordinance must remain in the City Clerk's Office one week, then be confirmed by the Board of Directors, with confirmation to be Wednesday, December 27, 1978 �II at 8:30 A. M. A proposed Ordinance had been placed on the Agenda entitled: "AN ORDINANCE GRANTING A FRANCHISE TO ARKANSAS ENTERPRISES FOR THE BLIND, INC. TO CONSTRUCT OTHER THAN STANDARD FACILITIES IN THE RIGHT- OF-WAY OF TYLER STREET, BETWEEN 28TH AND 29TH STREETS." The applicant requested that the proposal be �I i withdrawn from the Agenda therefore, NO ACTION WAS TAKEN. The following Zoning Petitions, as approved by the Planning Commission, were then presented for consideration by the Board of Directors: Z -3273 - Petition from Stanley Schulte for Laurence Schulte, to rezone 7905 "X" Street, described as Lots 4, 5 & 6, Block 22, Bellevue Addition to the City.of Little Rock, Arkansas, from "E" Apartment District to "E -1" Quiet Business District. ' Z -3289 - Petition from Attorney Ben McMinn for Othello & Vera Miller, to rezone 716 West Roosevelt) Road, described as the East 46 2/3 feet of the West 93 1/8 feet of Lots 7 & 8, Block 2 of Clark's i Addition to the City of Little Rock, Arkansas, from "C" Two- family District to "E -1" Quiet Business District. l Y 36 DECEMBER 19, 1978, CONTYD, As there was no opposition presented to the proposed reclassification of the above - described X properties, an Ordinance to.reclassify same was placed on first reading. (See Ordinance No. 13,559 as follows) I� iOrdinance No. 13,559 was presented, designated as: i AN ORDINANCE.RECLASSIFYING VARIOUS PROPERTIES WITHIN THE_CITY OF LITTLE ROCK, ARKANSAS AMENDING i II SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,.ARKANSAS AND FOR OTHER PURPOSES; I with there being a first reading of the Ordinance, followed by a motion from Director Keith, seconded by Director Hubbell, 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 seven in i number and two- thirds or more of the members of the Board of Directors - elect; and a second reading of � I� the Ordinance ensued. A motion was then made for a further suspension of the rules to provide for the t ' third and final reading of the Ordinance at this time, with the motion being made by Director Linkous, 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. There was a i� 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 and Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent I None. The Ordinance -was therefore, declared PASSED.. Zoning Petition No. .Z -3258 was next presented from Ms. Sharon Cain for the River Club Development I! Corporation to rezone the River Club Subdivision (long legal description) from "A" One- family District to "F" Commercial and "MF -12" Multi- family Districts, as approved by the Planning Commission. There being no persons in attendance to voice opposition.to the Petition, an Ordinance to reclassify this property was placed.on first reading. (See Ordinance No. 13,560, below) There was presented Ordinance No. 13,560, entitled:, AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES WITHIN THE EXTRATERRITORIAL JURISDICTION OF 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; fand there was a first reading of the Ordinance. A motion was then made by Director Keith, which was seconded by Director Hubbell, 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 seven 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 Linkous for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director) ` VV Dailey, adopted by unanimous vote of the members of the Board of Directors present, being seven in number, R ' 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 Mehlburger, iIII Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Presented for consideration at this time was Ordinance No. 13,561, entitled: AN ORDINANCE ASSESSING THE BENEFITS TO BE RECEIVED BY EACH OF SEVERAL LOTS, BLOCKS, AND PARCELS OF LAND WITHIN BROADMOOR RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 2 OF LITTLE ROCK, ARKANSAS; ($20.00 annually per lot or tract of land upon which one residence or building has been, or can be, constructed) , i `I which Ordinance was read the first time. It was stated that the Assessment List had been filed in the jIp Office of the City Clerk on November 28, 1978, and Notice of the filing had been duly published on December 6, 1978. With no further discussion, there was a motion by Director Keith, seconded by Director ' Hubbell, that the rules be suspended to allow for the second reading,of the Ordinance. The motion was -- '1117 tl I I h. 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 second reading of the Ordinance a motion was again made to suspend the rules 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 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. There was a third and last reading of the Ordi- nance, followed by an-Aye and No Vote taken on the question, Shall the Ordinance Pass, with the result- ing vote being recorded as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Director Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordi- nance was declared PASSED. A Public Hearing had been scheduled for this time and place by Resolution No. 6,037, to hear arguments on the Petition from James Fureigh, Louis C. Cockman, Jr. and the Baptist Medical Center, to vacate and close that portion of Patton Place Street north of Byron Street where it abuts Lots 21 and 22 of Patton Place Addition in the City of Little Rock, Arkansas. As Notice had been duly published on November 27, 1978 and December 4, 1978, as required by Law, Mayor Mehlburger declared the Public Hearing to be open. There were no protests presented to the proposal and Mayor Mehlburger declared the Public Hearing to be closed and the Ordinance was placed on first reading to- vacate the above -named street. (See Ordinance No. 13,563 as follows) Ordinance No. 13,563 was presented, with the .title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE NORTH 20 FEET OF PATTON PLACE STREET IN PATTON PLACE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; 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 Hubbell and adopted by unanimous vole 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 secon DECR,$ER. 19 1978 'CON'TVD, adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of �I 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 i 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. An Aye and No Vote was then taken on the passage of the Ordinance, with the resulting vote recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackel- ford, Hubbell and Jones) - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. i Again presented was the Petition from Betty Ann Couch, Trustee for Robbie M. Jackson Trust and J. Wythe Walker, President)) of River Club Development Corporation, requesting the vacating and closing of the NS Alley in Block 6, Reyburn & Wright's Addition in the City of Little Rock, Arkansas, as approved by the Planning Commisslion. A Public Hearing had been scheduled for this time and place by Resolution No. 6,036, with Notice thereof Having been duly published on November 27, 1978 and December 4, 1978 as �+ required 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. 13,562 as follows) i Introduced at thiJ time was Ordinance No. 13,562, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN BLOCK 6, REYBURN & WRIGHT'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (read and said Ordinance was the first time; after which there was a motion by Director Keith, seconded by Director Hubbell, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance a motion was again made to suspend the rules 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 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. There was a third and last reading of the Ordi- nance, followed by an-Aye and No Vote taken on the question, Shall the Ordinance Pass, with the result- ing vote being recorded as herein described: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Director Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordi- nance was declared PASSED. A Public Hearing had been scheduled for this time and place by Resolution No. 6,037, to hear arguments on the Petition from James Fureigh, Louis C. Cockman, Jr. and the Baptist Medical Center, to vacate and close that portion of Patton Place Street north of Byron Street where it abuts Lots 21 and 22 of Patton Place Addition in the City of Little Rock, Arkansas. As Notice had been duly published on November 27, 1978 and December 4, 1978, as required by Law, Mayor Mehlburger declared the Public Hearing to be open. There were no protests presented to the proposal and Mayor Mehlburger declared the Public Hearing to be closed and the Ordinance was placed on first reading to- vacate the above -named street. (See Ordinance No. 13,563 as follows) Ordinance No. 13,563 was presented, with the .title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE NORTH 20 FEET OF PATTON PLACE STREET IN PATTON PLACE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; 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 Hubbell and adopted by unanimous vole 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 secon DECEMBER 191 1978,- Cpnt'd. 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. 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, Shackelford, Hubbell and Jones'- total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. A Public Hearing had been scheduled for this time and place by Resolution No. 6,037, which had been duly advertised in accordance with State Statutes, on Nokember 27, 1978 and December 4, 1978. The Hear- ing was set for the purpose.of discussing the Petition from Capitol City Rental Company, Inc. and Samuel R. Raines, requesting the vacating and ,closing of Florida - Street, from Kentucky Street to Ohio _Street,, abutting Lots 24 and 1, Block 2,.Riffel and Rhoton's Forest Park Highland 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 the issue; the Public Hearing was then declared to be closed, and.a related Ordinance was placed on first-reading. (See- Ordinance No. 13,564 as follows) . The next presentation was Ordinance No. 13,564, entitled: ORDINANCE'OF THE BOARD OF DIRECTORS OF THE CITY'OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE STREET BETWEEN BLOCK 2 IN RIFFEL AND RHOTEN'S FOREST PARK HIGHLAND ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS AND BLOCK 5 IN RATTERREES' FOREST PARK HIGHLAND ADDITION TO THE-CITY OF LITTLE ROCK, ARKANSAS; - (Portion of Florida Street) and there was a first reading of the Ordinance. A motion was then made by Director Keith, which was seconded by-Director Hubbell,.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 seven 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 Linkous for.a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Directo Dailey, 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; 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, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinanc was then declared PASSED. Again presented was the request by Attorney E. DeMatt Henderson for First Federal Savings and Loan Association of Little Rock, Arkansas, requesting the vacating and closing of the non- dedicated alley in Block 105, Original City 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. 6,042, with Notice thereof having been duly published on December 8, 1978 and December 15, 1978 as required 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. 13,565 as follows)- There was presented Ordinance No. 13,565, designated as: AN ORDINANCE VACATING AND ABANDONING A NONDEDICATED ALLEY IN BLOCK 105, ORIGINAL 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, which was seconded by Director Hubbell, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was sub- DEC EA.19 :1978 Gont?d. sequently read the second time, resulting in a motion by Director Linkous for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Di Dailey, 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; 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 and Dailey, Mayor Mehlb Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinan was then declared to have been PASSED A Petition submitted by Betty Ann Couch for Robbie M. Jackson Trust and the Arkansas State Hospital was presented in which they requested the vacating and closing of all -that part of Elm Street lying South of the South right -of -way line of West 7th Street and North of the North right -of -way line of I -630. The Petition, which had been approved by the Planning Commission, was accompanied by a letter from Beach Abstract & Guaranty Company certifying to the abutting property owners, and also a certified copy of Reyburn & Wright Addition to the City of Little Rock, Arkansas, as recorded in the Office of the Circuit Clerk and Ex- Officio Recorder in Plat Book No. 1, at Page 25. (See Resolution No. 6,054 setting the date of Public Hearing for January 16, 1979, as follows) Presented at this time was Resolution No. 6,054, with the caption being: 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 6, REYBURN & WRIGHT'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Elm St. between 7th St. & I -630) and the Resolution was read in its entirety. A motion was then made by Director Keith, seconded by Director Hubbell, which resulted in adoption of the Resolution by the- following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Presented next for consideration was Ordinance No. 13,566, 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; (5 acres, more or less, on Ridgehaven Road belonging to Dr. David B. Cheairs - Pulaski County Court Order dated 11- 13 -78) and the Ordinance was read the first time. There was a motion at this time by Director Hubbell, seco 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 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 of Director Linkous, 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. 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, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED Presented at this time was Ordinance No. 13,567, with the following description: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1979 AND ENDING DECEMBER 31, 1979; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A discussion followed on passage of the entire budget as presented, in which Director Keith moved that action on the entire budget be deferred until January 1, 1979. Mr. E. Jack Murphy, Director of Finance, advised the Board of Directors the law requires that the operating budget be passed before January lst each year. Director Keith stated that the felt "we aren't really prepared" and expressed particular concern about funding Category B, the special programs and 40 DECEMBER 19, 1978 Cont'd. projects budget. It was Director Hubbell's opinion that the existing budget system is "backward" and that it should be done differently next year adding, "we should be on the priority settings from the beginning." Mr. Murphy reminded the Board Members that the budget and line items can be amended. At , this point, Director Hubbell made a motion that "Category B be adopted and that the Central Arkansas Transit funding include only one - twelfth of the amount proposed, until we meet in January." The motion was seconded by Director Keith and a roll call was taken on the motion with the following results: ford and adopted by unanimous vote of the members of the Board of Directors present, being seven in Ayes - Director Keith, Mayor Mehlburger; and Director Hubbell - total 3; Noes - Directors Dailey, Linkous, Shackelford and Jones - total 4; Absent - None. The motion having failed, further discussion read the second time; after which a motion ensued whereby the rules were again suspended and the Ordi- ensued and a subsequent motion was made by Director Hubbell, seconded by Director Jones, "to amend the budget by removing eleven- twelfths of the Central Arkansas Transit appropriation from Category B." The resulting ro11 call vote is recorded as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Shackelford and Jones, respectively, and unanimously adopted by members of the Board of Directors present, Directors Linkous, Shackelford, Hubbell and Jones - total 7; -Noes - None; Absent - None. With the adoption of the motion, Director Jones suggested that the Board re- address this issue in January. With no further discussion, the Ordinance was read the second time, as amended, followed by a motion for the and last reading of the Ordinance resulted in a.troll call vote being taken on the passage of the Ordi- suspension of the rules, made by Directors Linkous and Jones, respectively. A roll call was taken on the motion with the results recorded herein: Ayes - Director Dailey, Mayor Mehlburger, Directors Linkous, Shackelford and Jones - total 5; Noes - Directors Keith and Hubbell - total 2; Absent - None. Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then read the third and last time, as amended, with an Aye and No Vote being taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, DaileylI, subsequently adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Mayor Mehlburger, Directors Linkous, Shackelford and Jones - total 6; Noes - 'Director Hubbell - total 1!I Absent •- None. Mehlburger then announced that the Ordinance, together with-the Emergency Clause, had PASSED. The Emergency Clause contained in Section 10 of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford and Jones - total 6; Noes - Director Hubbell - total 1; Absent - None. AN ORDINANCE AMENDING IN PART SECTIONS 1 AND 2 OF ORDINANCE NO. 11,366 TO PROVIDE FOR LEVYING It was announced that the Ordinance, together with the Emergency Section had PASSED. Ordinance No. 13,568 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; DECLARING AN EMERGENCY 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 Hubbell, which was seconded by Director Shackel- ford 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 Ordi- nance was placed on its third and final .reading, with the motion being made and seconded by Directors Shackelford and Jones, 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 resulted in a.troll call vote being taken on the passage of the Ordi- nance, the outcome of which is described as follows.: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 4'of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous; Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Mehlburger then announced that the Ordinance, together with-the Emergency Clause, had PASSED. The next matter to be considered was Ordinance No. 13,569, entitled: 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 1979; PROVIDING FOR DECEMBER 19, 1978, Cont'd. THE PAYMENT THEREOF; DECLARING AN EMERGENCY.AND FOR OTHER PURPOSES; and upon first reading of the Ordinance, there was a motion-by Director Hubbell to suspend the rules and place the Ordinance on its second reading. The motion received a second by Director Shackelford ' 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 then followed from Director Shackelford, seconded by Director Jones, 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, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; 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, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, including the Emergency Clause, was then declared PASSED.. Ordinance No. 13,570 was presented, 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 1979; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY;.AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. A suspension of the rules followed and the Ordinanc was placed on its second reading, by a motion from Director Hubbell, seconded by Director Shackelford 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 Ordinance followed; and the rules were again suspended to provide for the third and final reading of the Ordinance, as the result.-of a motion made and seconded by Directors Shackelford and Jones, respecti ly, 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 led to an Aye and No Vote on the passage of the Ordinance, which resulted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Directors Keith, Dailey,.Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance and the Emergency Section had,PASSED. Introduced at this time was Ordinance No. 13,571, described as: AN ORDINANCE LEVYING A PRIVILEGE TAX UPON THE LITTLE ROCK MUNICIPAL WATER WORKS; AUTHORIZING PASSING ON SAID TAX TO RESIDENT WATER CONSUMERS; AND DECLARING AN EMERGENCY; with the Ordinance being read the first time, followed by a motion from Director Hubbell 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 seven in number and two - thirds or mor 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 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, Di Linkous, Shackelford,'Hubbell and Jones - total 7; Noes - None; Absent - None. Director Shackelford, seconded by Director Jones, and unanimously. adopted by the Board Members present, IIIIII 111 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, Di Linkous, Shackelford,'Hubbell and Jones - total 7; Noes - None; Absent - None. 42 DECEMBER 19, 1978, Cont'd. The Emergency Clause described 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, _ Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance and a unanimously adopted by members of the Board of Directors present, being seven in number and two- thirds or Emergency Section was declared PASSED:- Presented next was Ordinance No. 13,572, with the caption as follows: AN ORDINANCE AMENDING SUBSECTION "b" OF SECTION 2 -25 OF THE CODE OF ORDINANCES FOR THE CITY OF LITTLE ROCK, ARKANSAS, PERTAINING'TO THE HOLIDAYS AND SPECIAL LEAVE AND FOR OTHER PURPOSES; (Re: 3 discretionary days to be observed as holidays):- 1 and upon 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; and the second reading of the Ordinance ensued. A motion was then made by Director Shackelford, seconded by Director Linkous, for a further suspension I o of the rules to allow for the third and final reading of 'the Ordinance at this time; which motion was 1111111 OF -WAY FOR PLEASANT FOREST DRIVE; (To Maintain an entrance sign) and the Ordinance was read the second time, having been read the first time on December 5, 1978. There was no motion for the suspension of the rules therefore, the Ordinance remained on the calendar for third and final reading on January 2, 1979. The final presentation from the Official Agenda was Resolution No. 6,055, described as: A RESOLUTION CHANGING THE OFFICIAL NAME OF THE LITTLE ROCK MUNICIPAL AIRPORT TO "LITTLE ROCK ' REGIONAL AIRPORT "; and the Resolution was read in its entirety. The Greater Little Rock Metropolitan Chamber of Commerce and the Little Rock Airport Commission had requested that the name of the Municipal Airport be changed to "Greater Little Rock Regional Airport." Director Hubbell made a motion that the word "Greater" be a unanimously adopted by members of the Board of Directors present, being seven in number and two- thirds or m .c more of the members of the Board of Directors - elect. There was a third and last reading of the Ordinance, y and the resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes I) U Directors Keith and Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; C Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. '� o u � d w Ordinance No. 13,573 was presented, -with the title being: y o Y s O 0 U m .0 AN ORDINANCE AMENDING SECTION 34 -7 ON THE MANDATORY RETIREMENT AGE FOR CITY'EMPLOYEES AND DECLARING r 4JCd K ''' o "z° s� 4J AN EMERGENCY; a o s +J ::I 1 O s (Re: Mandatory Retirement at 70 years -of age) - w N N G N ,C O 'O O •H N 1' which Ordinance was read the first time. A motion then followed which suspended the rules and placed o r O p E •• O — N Y the Ordinance on its second reading, with the motion being made by Director Keith, seconded by Director ',+H 4J o u aui > s°'. z Cd Dailey, and unanimously adopted by members of the Board of Directors present, being seven in number and o ' r two - thirds or more of the members of the Board of Directors- elect. There was a second reading of the ti u 0 z ° N Gv-y H N x Ordinance at this time; after which the rules were again suspended to allow for the third and final Cd a) F-4,0 r to o m m reading of the Ordinance by a motion made and seconded by Directors Shackelford and Linkous, respective- U m.C, o N _ 3 & + ly, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more 0 u � 1.' W � w° E a of the members of the Board of Directors - elect. The Ordinance was then read the third and last time, U r o o c �b x >1 ti r followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being: U F ° L O Ca Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford; Hubbell and Jones - to � to o .n Q Ca ca m o to N p. total 7; Noes - None; Absent - None. -- -, -_ -= ,_ o v a a 4 _ - F 4 CCd Presented for second reading at this time was a Prop'osed'Ordinance, entitled: AN ORDINANCE GRANTING A FRANCHISE TO RAINEY REALTY COMPANY TO MAINTAIN A SIGN ON THE STREET RIGHT- OF -WAY FOR PLEASANT FOREST DRIVE; (To Maintain an entrance sign) and the Ordinance was read the second time, having been read the first time on December 5, 1978. There was no motion for the suspension of the rules therefore, the Ordinance remained on the calendar for third and final reading on January 2, 1979. The final presentation from the Official Agenda was Resolution No. 6,055, described as: A RESOLUTION CHANGING THE OFFICIAL NAME OF THE LITTLE ROCK MUNICIPAL AIRPORT TO "LITTLE ROCK ' REGIONAL AIRPORT "; and the Resolution was read in its entirety. The Greater Little Rock Metropolitan Chamber of Commerce and the Little Rock Airport Commission had requested that the name of the Municipal Airport be changed to "Greater Little Rock Regional Airport." Director Hubbell made a motion that the word "Greater" be L J DECEMBER 19, 1978, Cont'd. deleted and that the name be changed to "Little Rock Regional Airport." The motion was seconded by Director Jones and adopted by the roll call vote recorded herein; Ayes - Director Dailey, Mayor Mehlburger, Directors Shackelford, Hubbell and Jones - total 5; Noes - Directors Linkous and Keith - total 2; Absent - None. There was no further discussion and a motion from Director Hubbell, seconded by Director Jones, led to a roll call vote adopting the Resolution, as amended, as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. There was no further business to be presented or to come before the Board of Directors, upon motion of Director Hubbell, seconded by Director Shackelford, the meeting was recessed at 10:05 o'clock P. M., to reconvene again on Wednesday, December 27, 1978 at 8:30 o'clock A. M. for the confirmation of the Cable Television Ordinance awarding the franchise to Midwest American Cable Company. ATTEST: 1 ?40 � (A� APPROVED: %A& Y VV N, City Clerk Mayor Board of Directors Chamber Little Rock, Arkansas December 27, 1978 - 9:05 A. M. , The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from December 19, 1978 with Mayor Mehlburger presiding and Jane Czech, City Clerk, and the following Di present: Directors Keith, Dailey, Linkous, Shackelford, Hubbell and Jones - total 6; Absent - None. The meeting had been scheduled for 8:30 A. M. but, was delayed pending the arrival of all Board Members. As there was a quorum present, it was therefore announced, and the meeting proceeded as herein recorded: The first matter to be considered was the confirmation of Ordinance No. 13,558, passed on December 19, 1978. The title of the Ordinance being read the first time was as follows: AN ORDINANCE TO GRANT TO MIDWEST AMERICAN CABLE COMPANY THE FRANCHISE, RIGHT AND PRIVILEGE TO CONSTRUCT, ERECT, OPERATE AND MAINTAIN IN, UPON, ALONG, ACROSS, ABOVE, OVER AND UNDER THE 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 CON- DUCTORS, 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; after the first reading of the title of the Ordinance, a lengthy discussion ensued. Director Keith asked for the suspension of the rules but, Director Jones read a prepared statement in which she requested a revote adding, "the public is asking for an explanation." Midwest American Cable Company, the successful bidder, had been ranked fifth by the consultant, Mr. Carl Pilnick of Los Angeles, California. Midwest's longtime local ties had been an important factor in being awarded the franchise and Director Jones questioned why it was not included in the bid requests and analysis. Attorney P. A. Hollingsworth, representing a Consortium who wanted to be included in the franchise, also favored a delay saying that the process followed to date was "tainted." Director Shackelford stated that she had not taken Cable TV lightly, using her own scales to weigh the factors. She said that ever since the vote, the Board had been accused of "reaching down" and picking Midwest from the pack. Using the consultant's evaluation in working up her own chart, Midwest had come out second to Cablecom and she stated, "I feel very comfortable with Midwest. " - Director Dailey expressed comfort with following the Consultant's recommendation and wanted to delay a final vote and hold a public hearing. Mr. Glenn Nishimura, Executive Director of Arkansas Consumer Research advised that his organization had received many hostile calls regarding the matter, and expressed belief that going against the Consultant's recommendation, the Board is in a serious position.of losing credibility in the community. Mr. Bill Miller, Attorney for Midwest American Cable Company was present stating, "our first obligation is to the City and we pledge to cooperate with this Board in all respects in regard to carrying out the franchise." At this time Director Keith made a motion to suspend the rules for the second reading of a the title of Ordinance No. 13,558, with Director Shackelford making the second. A roll call was taken on the suspension of the rules, with the results being: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford and Hubbell - total 5; Noes - Directors Dailey and Jones - total 2; Absent - None. Director Hubbell explained his reason for voting to suspend the rules was because, "a delay would benefit the firm our firm represents." The Ordinance was then read the second time; after which a motion followed from Director Keith, seconded by Director Shackelford, to suspend the rules ' for the third and final reading of the title of the Ordinance. A roll call was again taken on the suspension of the rules with the response being as follows: Ayes - Director Keith, Mayor Mehlburger, Directors Linkous, Shackelford and Hubbell - total 5; Noes - Directors Dailey and Jones - total 2; Absent - None. The third and last reading of the title of the Ordinance resulted in a roll call vote I' II -_ DECEMBER 27, 1978, Cont'd. being taken on the confirmation of the Ordinance, the outcome of which is described as follows: Ayes Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous and Shackelford - total 5; Noes - None;'. Abstaining _ - Directors Hubbell and Jones total 2; Absent - None. It was then announced that the q passage of Ordinance No. 13,558 had been confirmed as of December 27, 1978, with the Midwest American Cable Company receiving the franchise for cable television in the City of Little Rock. II I A motion was made at this time by Director Dailey, seconded by Director Linkous, to recess to Executive Session to discuss appointments to Boards and Commissions. The motion was adopted by unanimous.', i voice vote of the Board Members present. J, Ili The Board of Directors reconvened from Executive Session at 11:20 o'clock A. M. with all Board Members answering roll call, and Mayor Mehlburger presiding. Introduced for consideration was Resolution No. 6,056, described as: A RESOLUTION MAKING APPOINTMENTS AND FOR OTHER PURPOSES; 1 (Museum of Science and Natural History - Thomas Foti, Dick Herget, Mrs. Cathie Johnson, Dalton Dailey, Carol Meyer; Sign Board of Review - Alfred Williams, Tommy Adams, Dick Savage; Advertising & p, 1 Promotion Commission - Webster Hubbell; and Little Rock Police Pension & Relief Fund - John Langston) and there was a complete reading of the Resolution. A motion was made by Director Keith, seconded by Director Linkous, for adoption of the Resolution followed by a roll call vote whereby the Resolution �I was adopted as follows: Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. 1 The last matter to be considered was Resolution No. 6,057, with the title being: �I A RESOLUTION AUTHORIZING STAFF TO NOTIFY PROPERTY OWNERS OF THEIR VIOLATIONS OF CITY CODES, ASKING II THEM TO CLEAN UP DEBRIS, SELL THE BUILDINGS, OR RENOVATE OR DEMOLISH THEM; with the Resolution being read in its entirety. There was a motion by Director Linkous, seconded by li Director Shackelford, which resulted in a roll call vote whereby the Resolution was adopted as follows: I J Ayes - Directors Keith, Dailey, Mayor Mehlburger, Directors Linkous, Shackelford, Hubbell 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 by Director Dailey, seconded by Director Linkous, the meeting was adjourned at I I 11:35 o'clock A. M. sine die. ATTEST: ?2t-nZ - �i�LCh/ APPROVED: , II City Clerk Mayor l �I �l i �h - f j I r �I I, Il I L, Board of Directors Chamber Little Rock, Arkansas January 2, 1979 - 7:30 P. M. The 12th 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, 1979;.with City Attorney R., Jack Magruder presiding as temporary Chairman prior to the election of a Mayor and Assistant Mayor from the member- ship of the Board of Directors. Also present were Jane Czech, City Clerk,.andthe following Directors and Directors - elect: Director -elect A. M. "Sandy" Keith, Position No. One;.-Director-elect John Langston, Position No. Two; Director Donald L. Mehlburger, Director No. Three; Director -elect Charles Bussey, Position No. Four; Director Lottie L. Shackelford, Position No. Five; Director Webster L. Hubbell, Position No. Six; and Director Myra Jones, Position No. Seven; Absent - None. It was announced that a quorum was present.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, 1979 by the Honorable Judge Richard B. Adkisson, Judge of the 4th Division of the Circuit Court of Pulaski County, Arkansas: Director A. M. "Sandy" Keith, Position No. One; Director John Langston, Position No. Two; and Director Charles Bussey, Position No. - Four. Upon motion of Director Mehlburger, seconded.by Director Jones, and by unanimous vote of the Board Members present, said Oaths were received and filed. It was stated by Chairman Magruder 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 as Mayor. Before the nominations for Mayor, there was a discussion regarding the election of a temporary Mayor for a period of six months. Upon question by Director Jones as to the legality of electing a temporary Mayor, City Attorney Jack Magruder advised that the Statute states the mayor shall be elected by the Board and shall serve for a term of two years, and not six months; therefore, the Board must elect a Mayor. Director Hubbell read a prepared statement in which he outlined the functions of a mayor under the City Manager Form of Government. He stated, "there is need for a strong leader but, to be a strong mayor in our form of government is in violation of the mandate. Our top priority should be to work together." He proposed an interim mayor to serve, and after six months, elect a mayor that all Board Members feel comfortable with. After City Attorney Magruder's ruling, Director Hubbell then nominated Director Keith, based on seniority, to serve as Mayor. However, the discussion continued and Director Mehlburger said he had no "hang -up" with the six months. Director Bussey felt the mayor chosen should serve for two -years adding, he would be voting for Director Keith. Director Hubbell then requested a five minute recess for the purpose of an executive session. A Gazette Reporter then questioned the purpose for the executive session and Director Hubbell responded with, "there is no intent to do any- thing that is not proper." Again, City Attorney Magruder advised that the possibility of a challenge in court exists if an interim mayor is elected. Director Jones expressed great problems with the interim procedure. The Chairman, City Attorney Magruder then announced a five minute recess. The Board of Directors reconvened at 8:10 o'clock P. M. with all Board Members answering roll call. Nominations for Mayor then continued with Director Keith having been nominated by Director Hubbell earlier in the meeting. Director Shackelford placed in nomination the name of Director Donald L. Mehlburger. The final name placed in nomination was that of Director Webster Hubbell, with the ' nomination by Director Jones. There were no further nominations. The Chairman announced that nomina- tions were closed, followed by the request for a roll call which received the following response: Director Keith - Director Keith; Director Langston - Director Keith; Director Mehlburger - Director Mehlburger; Director Bussey - Director Keith; Director Shackelford - Director Mehlburger; Director JANUARY 2, 1979, Cont'd. Hubbell n Director Keith; Director Jones - Abstaining. At this time, Director Mehlburger changed his vote to Director Keith with the final results being: 5 votes for Director Keith; 1 vote for Director Mehlburger; and 1 Abstention. Chairman Magruder then announced that Director Keith had been elected Mayor. The election of the Assistant or Vice Mayor was then declared to be in order and Mayor Keith for nominations. Director Mehlburger placed the name of Director Myra Jones in nomination, followed by nomination of Director Charles Bussey by Director Shackelford. There was no discussion and a roll call was taken as recorded herein: Mayor Keith - Director Bussey; Director Langston - Director Bussey; Director Mehlburger - Director Jones; Director Bussey - Director Bussey; Director Shackelford - Director Bussey; Director Hubbell - Director Bussey; and Director Jones - Director Bussey. Director Mehlburger announced that he was changing his vote to Director Bussey and the final results was un- animous election of Director Bussey as Vice Mayor. This being the first meeting of the 12th Board of Directors since the sine die adjournment of the 11th Board of Directors on December 27, 1978, it was declared that the purpose of this organizational meeting had been accomplished and upon motion by Director Langston, seconded by Director Bussey, the Board of Directors adjourned at 8:20 o'clock P. M. to meet again in regular session immediately follow- ing this organizational meeting. ATTEST: ?A-x4 �0 City Clerk APPROVED: A. M. "Sandy" Keith, Mayor Board of Directors Chamber Little Rock, Arkansas January 2, 1979 - 8:20 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Keith presiding and Jane Czech, City Clerk, and the following Directors present: Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. It was announced that a quorum was present and the meeting proceeded as herein described: The Invocation was given by Mayor Keith. Before the consideration of the Official Agenda items, a large painting of the late Director James Wellons was presented to his widow, Mrs. Christine Wellons; and a plaque for service on the Board was presented to former Director Mike Castleman, who resigned in September to move to western Arkansas. Also, the following Resolutions were presented: Resolution No. 6,058, entitled: RESOLUTION OF COMMENDATION; (To Billy M. "Mike" Castleman) with said Resolution being read in its entirety. There was a motion by Mayor Keith, seconded by Di Bussey, for the adoption of the Resolution. The resulting roll call then provided for adoption of the Resolution as herein recorded: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. JANUARY 2, 1979, Cont'd. 2 Resolution No. 6,059, with the title being: A RESOLUTION IN MEMORIAM OF JAMES A. WELLONS; with the Resolution being read in its entirety and subsequently adopted by a motion made by Mayor Keith, seconded by Director Bussey, and by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Resolution No. 6,060, described as: A RESOLUTION OF COMMENDATION; (To Dalton James Dailey, Jr.) with there being a complete reading of the Resolution. There was a motion by Mayor Keith, seconded by Director Bussey, which resulted in a roll call vote whereby the Resolution was - adopted as follows Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Also, Resolution No. 6,061, containing the following caption: A RESOLUTION OF COMMENDATION; (To Dwight Linkous) and said Resolution was read in full. There was a motion then made by Mayor Keith, seconded by Director Bussey; which resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent III None. The next presentation was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held on December 19, 1978, and the reconvened meeting held December 27, 1978. (b) The Audit Report of the Oakland - Fraternal Cemetery for the year ending October 31, 1978. (c) Resolution No. 6,062, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR PAVING OF THE SANITARY LANDFILL MAINTENANCE AREA; FOR PURCHASE OF A THERMOPLASTIC STRIPPER AND PREHEATING KETTLE; FOR PARKING LOT IMPROVEMENTS FOR THE GRANITE MOUNTAIN AREA, BOOKER HOMES PARK; FOR IMPROVEMENT TO VARIOUS STRUCTURES AT THE LITTLE ROCK ZOO; FOR DRAFTING AND BLUEPRINT SUPPLIES AND SERVICES FOR VARIOUS CITY DEPARTMENTS; By:a; motion from Director Hubbell, seconded by Director Jones, 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 December 19, 1978 and the reconvened meeting on December 27, 1978 were approved as written and summarized to the members of the Board of Directors; (b) The Audit Report of the Oakland - Fraternal Cemetery was received and filed; and (c) Resolution No. 6,062 was read in full and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Introduced next was Ordinance No. 13,574, with the following heading: AN ORDINANCE AMENDING ORDINANCE NO. 13,462 RECLASSIFYING PROPERTY AT 4615 HOFFMAN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DESCRIPTION CORRECTION AND FOR OTHER PURPOSES; which Ordinance was read the first time. Director Hussey then made a motion, seconded by Director Langston, 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 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 for a further suspension of the rules to place the Ordinance on third and ' final reading; with the motion being made by Director Shackelford, seconded by Director Bussey, and unanimously adopted by members of the Board of Directors present, being seven iniinumber and two - thirds or more of the members of the Board of Directors - elect. The third and final reading of the Ordinance v,.....I.-A — — A., �,,i N� vnta heino taken on the question. Shall the Ordinance Pass, which is �/ ril ��IL JANUARY 2,.1979, Cont'd. III recorded as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell M I! and Jones .. total 7; Noes -None; Absent - None. The Ordinance was therefore, declared PASSED. - ' Presented for consideration was a Petition from property owners in the Santa Fe Park Addition (Markham Street & Ellis Drive Area) for formation Sewer Improvement �Ijl the of a District. Included with the Petition was an Abstractor's Certifidate from the Beach Abstract and Guaranty Company stating that i the total assessed value of all real property in the proposed District to be $78,230.00, and that said Petition is signed by the owners of real property, as described therein and as shown by the last deeds of record, to the value of $47,670.00. As a Public Hearing had been scheduled for this time and place, i with Notice thereof, having been published on December 2, 1978 and December 9, 1978, as required by Law, Mayor Keith declared the Public Hearing to be open. However, as there was no one present who j III wished to address to this issue, the Public Hearing was declared closed and a proposed Ordinance was V' ii placed on first reading. (See Ordinance No. 13,575, described below) AN ORDINANCE ESTABLISHING WEST MARKHAM SEWER IMPROVEMENT DISTRICT NO. 146 OF LITTLE ROCK, 1, ARKANSAS; I' with the Ordinance being read the first time. There was a motion which followed from Director Bussey, I seconded by Director Langston, to suspend the rules and place the Ordinance on its second reading. The �{ I motion was adopted by unanimous vote of the members of the Board of Directors present, being seven in i 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 I and final reading of the Ordinance, by motion bf Director Shackelford, seconded by Director Bussey, which was unanimously adopted by members of the Board of Directors present, being seven in number and i two- thirds or more of the members of the Board of Directors - elect. There was a third and last reading I of the Ordinance, which was followed by an Aye and No Vote taken on the passage of the Ordinance and resulting as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. I I Resolution No. 6,063 was considered next, entitled: A RESOLUTION ACCEPTING THE RESIGNATION OF DAVID E. CORNELL AS A COMMISSIONER OF TWIN LAKES RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 1 AND APPOINTING POLLY LEWELLEN TO REPLACE HIM, AND FOR i OTHER PURPOSES; and there was a complete reading of the Resolution; after which a motion from Director Bussey, seconded I by Director Jones, resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, �I Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent V None. Ordinance No. 13,576 was 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; (498 Acres along Highway 10, west of Pankey - Court Order dated November 27, 1978) I 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 Langston 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 seconded by Directors Shackelford and Bussey, respectively, and unanimously adopted by the Board Membersi f present, being seven in number and two- thirds or more of the members of the Board of Directors - elect. 1 it Following the third and final reading of the Ordinance, there was an Aye and No Vote taken on the I� passage of the Ordinance which resulted as herein recorded: Ayes - Mayor Keith, Directors Langston, I Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. i Whereupon, the Ordinance was declared PASSED. i JANUARY 2, 1979, Cont'd. A proposed Ordinance was again presented, described as: AN ORDINANCE GRANTING A FRANCHISE TO RAINEY REALTY COMPANY TO MAINTAIN _A SIGN ON THE STREET RIGHT -OF -WAY FOR PLEASANT FOREST DRIVE; (For maintenance of an entrance sign) and the Ordinance was read the third and last time, having been read the second time on December 19, 1978. In a general discussion, it was stated that the sign does not conform to the present Sign Ordi- nance, and to grant the franchise would be setting a precedent. City Manager Carleton E. McMullin stated that these provisions should be incorporated into the Subdivision Ordinance. 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 follows: Ayes - Mayor Keith and Director Bussey - total 2; Noes - Directors Langston Mehlburger, Shackelford, Hubbell and Jones - total 5; Absent - None. The Ordinance was then declared to have FAILED. Resolution No. 6,064 was presented, with the following caption: A RESOLUTION CHANGING THE NAME OF AIRPORT DRIVE FROM BOND STREET TO THE AIRPORT TERMINAL TO "CRISP DRIVE "; AND FOR OTHER PURPOSES; with the Resolution read in its entirety. A motion by Director Bussey, seconded by Director Jones, resulted in a roll call vote which adopted the Resolution as herein described: Ayes - Mayor Keith, IIIIIII Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent None. Presented for consideration next was Ordinance No. 13,577, entitled: AN ORDINANCE GRANTING A FRANCHISE TO THE LITTLE ROCK SCHOOL DISTRICT TO UTILIZE A PART OF THE RIGHT -OF -WAY OF "F "'STREET TO CONSTRUCT A CHAIN LINK FENCE AT FAIR PARK PRIMARY SCHOOL; and there was a first reading of the Ordinance. A motion was then made by Director Bussey, which was seconded by Director Langston, 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 seven 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 Shackelford for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Bussey, 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; 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordi- nance was therefore, declared PASSED. The next matter to be presented was Ordinance No. 13,578, designated as: AN ORDINANCE ACCEPTING THE RECOMMENDATION OF THE LITTLE ROCK PLANNING COMMISSION, ESTABLISHING THE LITTLE ROCK BIKEWAY SYSTEM PLAN OF THE LITTLE ROCK PLANNING AREA, AND RELATED MATTERS, ESTABLISHING SUCH PLAN AND FOR OTHER PURPOSES; with the Ordinance being read the first time. Mr. Julius Breckling, Director of Parks and Recreation, presented the map of the Bikeway Plan, advising that the Plan had been approved by the Planning Commissio , the City Beautiful Commission and the Home Builders. He explained that the passage of the Ordinance III was not a consent for the expenditure of funds but, merely accepting the recommendation for the establish.11l ment of the Little Rock Bikeway System Plan. Following the presentation by Mr. Breckling, there was a motion from Director Hubbell, 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 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 to allow for the third and final reading of the Ordinance, by motion of Director Mehlburger, secondlll III a 1 JANUARY .2, 1979, Cont'd. ed 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, which was followed by an Aye and No Vote taken on the pass- age of the Ordinance and resulting as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Resolution No. 6,065 was the next presentation with the title being: A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND FOR OTHER PURPOSES; (Hearing set for January 16, 1979) with there being a complete reading of the Resolution; after which a motion from Director Bussey, seconded by Director Jones, resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The last matter to be considered was a proposed Ordinance, entitled: AN ORDINANCE AMENDING LITTLE ROCK CODE OF ORDINANCE SECTION 23 -3.1 TO CHANGE ZONE RATES FOR TAXICAB SERVICE; with the proposed Ordinance being read the first time. Mr. Bob James of the Black & White Cab Company was present to urge consideration by the Board of Directors to thisirequest. Director Hubbell mentioned complaints regarding passengers riding in the front seat of taxicabs, and requested Mr. James to talk to officials at the Airport about this problem. Mr. James advised it was a constant problem to maintain their standard of service,adding;, the last rate increase was three years ago. Director Langston requested that the proposed Ordinance remain on the calendar for second reading. There was a motion by Director Bussey, which was seconded by Director Shackelford for suspension of the rules for the second reading of the Ordinance. A roll call was taken on the suspension of the rules, resulting in the following vote: Ayes - Mayor Keith - total 1; Noes - Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. Therefore, no action was taken and the Ordinance remained on the calendar for second reading. At this point in the meeting, Director Hubbell suggested that the City Attorney devise a voting procedure on items to be considered on the Agenda. There was no further business to be considered or to come before the meeting, and there was a motion from Director Hubbell, seconded by Director Jones that the meeting be recessed for the purpose of meeting in executive session Wednesday, January 10, 1979 at 8:30 o'clock A. M. The meeting was then recessed at 8:50 o'clock P. M. to reconvene at the above stated time. ATTEST: V&,V- 46C46_ APPROVED: City Clerk A. M. "Sandy" Keith, Mayor 52'� �+ Board of Directors Chamber N' Little Rock, Arkansas III January 10, 1979 - 8:30 A. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from January 2, 1979, to recess to executive session, for the purpose of discussing appointments to Boards and Commissions and evaluating the City Manager, with Mayor Keith presiding and Jane Czech, City Clerk, I, with the following Directors present: Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. The motion to recess into Executive Session was made and seconded I by Directors Bussey and Shackelford, respectively, and unanimously adopted. At 9:30 o'clock A. M. the Board of Directors reconvened from Executive Session with Mayor Keith I it p� � presiding and Jane Czech, City Clerk and the following Directors present: Directors Langston, CMehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. The only presentation was Resolution No. 6,066; entitled: I hl A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Advertising & Promotion Commission - Mrs. Lottie Shackelford, Webster Hubbell & Donald Mehlburger; Municipal Judges Retirement Fund Board - A. M. "Sandy" Keith; Police Pension & Relief Fund Board - , John Langston; Firemen's Relief & Pension Fund - A. M. "Sandy" Keith; Central Arkansas Transit Policy Board - Donald Mehlburger; Central Arkansas Planning & Development.District - Charles Bussey; Pulaski Area Transportation Coordinantion Committee - Donald Mehlburger; Economic Opportunity Agency of Pulaski County - Mrs. Lottie Shackelford and A. M. "Sandy" Keith for terms to expire May 20, 1980; Criminal Justice Planning Council - Webster Hubbell; Metroplan - John Langston; 208 Study - Mrs. Myra Jones; Central Arkansas Consortium (CACETA) - Charles Bussey; Central Arkansas CETA - Mrs. Myra Jones) with the Resolution being read in its entirety and subsequently adopted by a motion made by Director Bussey, seconded by Director Langston, and by the following.roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. " rid Mayor Keith announced that the evaluation of City Manager Carleton E. McMullin would continue at 8:30 o'clock A. M. on Wednesday, February 14, 1979. I!. As there was no further business to be presented or to come before the Board of Directors, upon I motion of Director Hubbell, seconded by Director Jones, and by unanimous vote of the members of the Board'of Directors present, the meeting was adjourned at 10:05 o'clock A. M. to meet again in regular session on Tuesday, January 16, 1979 at 7:30 o'clock P. M. ATTEST: ( APPROVED: II� !/ A. M. "Sandy" Keith Ma City Clerk y or y i Y 1 �IC J I � I I I Y 1 III li I i Board of Directors Chamber Little Rock, Arkansas III January 16, 1979 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Keith presiding and Jane Czech, City Clerk, and the following Directors present: Directors - Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. It was announced that a quorum was present and the meeting therefore, proceeded as herein recorded. The Invocation was given by Director Langston. The Consent Agenda was presented first, and consisted of the following items: (a) The reading of the Minutes of the previous meeting held January 2, 1979 and the reconvened meeting held January 10, 1979. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for month of November, 1978. (c) Resolution No. 6,067, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR DEMOLITION AND SITE CLEARANCE OF CERTAIN STRUCTURES; FOR VEHICLE FILTERS; FOR PHOTOGRAPHIC SUPPLIES; AND FOR OTHER PURPOSES. By motion of Director Hubbell, seconded by Director Jones, and a roll call vote with all members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minutes of the meeting held January 2, 1979 and the reconvened meeting held January 10, 1979 were approved as written and summarized to the Board of Directors; (b) The Comparative Statement of Income Account of the Municipal Water Works was received and filed; and (c) Resolution No. 6,067 was read in full and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A Public Hearing had been scheduled for this time and place for the purpose of discussing the 5th Year Community Development Block Grant Program. Mayor Keith then declared the public hearing to be open. A number of citizens were in attendance in support of the proposed projects as recommended by the CDBG Neighborhood Planning Committees and the City's Block Grant Staff, totalling $3,349,000 however no one came forward to speak. With no opposition presented, Mayor Keith declared the Public Hearing closed. Zoning Petition No. Z -3276 from Southern Capital Corporation by Attorney Chris Barrier to rezone 301 Gamble Road, described as the W 300 ft. of Tract 17, except the S 185 feet thereof, of Hillvale Addition in Pulaski County, from "A" One- family District with the E 150 feet rezoned to "F" Commercial District and the remainder to "E -1" Quiet Business District, as approved by the Planning Commission, was the next presentation. No opposition to the proposal was voiced by citizens, and the Ordinance, No. 13,579, was presented entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 301 GAMBLE 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. Director Jones commented that it was her understanding was made by Director Hubbell, which was seconded by Director Bussey, that the rules be suspended and when the Rock Creek Plan was adopted that zoning north of Markham Street would be kept "F" Commercial and south of Markham would be kept "E -1" Quiet Business District, as a Policy. She further commented that she "has problems with going "F." Upon question by Director Jones, Mr. Barrier advised that the purpose of "F" Zoning is for resale. Director Jones then made a motion to amend the proposed "F" Zoning to "E -1" which motion failed for lack of a second. There was no further discussion and a motion was made by Director Hubbell, which was seconded by Director Bussey, that the rules be suspended and M JANUARY 16, 1979, Cont'd. the Ordinance be placed on second reading with the motion being adopting by a voice vote of 6 Ayes and Director Jones voting No, being two - thirds or more of the members of the Board of Directors- elect. The Ordinance was subsequently read the second time, resulting in a motion by Director Bussey for a ' further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Mehlburger, adopted by a roll call vote on suspension of the rules for third reading as follows::-Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford and Hubbell total 6; Noes - Director Jones - total 1; Absent - None; with the outcome being a third and final reading of the Ordinance. There was an Aye and No Vote then taken on the question, Shall the Ordinance Pass, resulting as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford and Hubbell - total 6; Noes - Director Jones - total 1; Absent - None. The Ordinance was then declar PASSED. Zoning Petition No. Z -3292 from George W. & Dorothea Davis, by Attorney Edward Lester, to rezone part of Tract 17, Hillvale Addition located at West Markham & Gamble Road (long legal description) from "A" One- family District to "E -1" Quiet Business District, was presented. As there was no opposition presented to the proposed reclassification, an Ordinance to reclassify same was placed on first reading. Ordinance No. 13,580 was presented, designated as: III AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT WEST MARKHAM STREET AND GAMBLE 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 then made by Director Mehlburger, which was seconded by Director Bussey, 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 seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion by Director Mehlburger for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Shackelford, 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; with the results being a third and last reading of the Ordinance. An Aye and No Vote was taken on the passage of the Ordinance with the resulting vote recorded as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. III I It was announced that the Ordinance had PASSED. Zoning Petition No. Z -3279 was next presented from Grace Presbyterian Church by Attorney W. P. Hamilton and Graham Engineers to rezone 9303 Rodney Parham Road (long legal description) from "A" One - family District to "F" Commercial 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. 13,581 below) There was presented Ordinance No. 13,581, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 9303 NORTH 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 said Ordinance was read the first time; after which there was a motion by Director Hubbell, 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 seven in number and two- thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, ' a motion was again made to suspend the rules to allow for the third and final reading of the Ordinance at this time; with the motion being made by Director Mehlburger, 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. There was a third and last reading of the Ordi: -, I 55 JANUARY 16, 1979, Cont'd. A nance, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the resulting' II' vote being recorded as herein described: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, ' Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. �II 1. Ii A Petition had been placed on the Official Agenda from L. Julian Alexander, et al, to vacate and II _ close the western end of the alley in Block 277 of the Original City in the City of Little Rock. The petitioner requested that the matter be withdrawn, therefore no action was taken on the proposal. I A Petition submitted by Attorney H. B. Stubblefield for Robbie M. Jackson Trust and the Arkansas State Hospital Board of Control was presented next. This petition is presented in lieu of the proposal submitted by Ms. Sharon Cain on December 19, 1978. The petition requests the vacation and closure of the portion of Elm Street lying South of the South right -of -way line of West 7th Street and North of the I North right -of -way line of I -630 in the City of Little Rock, Arkansas. This request received the I approval of the Planning Commission, was accompanied by a letter from Beach Abstract & Guaranty Company I I certifying to the abuttin g property owners , and also a copy of a plat of ReY burn & Wright's Addition " from the Bagley Map and certified by H. B. Stubblefield. (See Resolution No. 6,068 setting the date of i Public Hearing on February 6, 1979, as follows) ' Resolution No. 6,068 was presented, with the caption being: I A RESOLUTION FIXING THE DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF ELM STREET IN THE CITY OF LITTLE ROCK AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF; and the Resolution was read in its entirety. A motion was then made by Director Bussey, seconded by P Director Shackelford, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. I Presented next for consideration was Ordinance No. 13,582, containing the following title: AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS OF CERTAIN LAND, WHICH w 1 LAND IS CONTIGUOUS TO THE PRESENT CITY LIMITS, AND FOR OTHER PURPOSES; (21 Acres at 36th Street east of Shackelford Road - Court Order dated December 12, 1978) and the Ordinance was read the first time. There was a motion at this time by Director Mehlburger, 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 of Director Mehlburger, seconded by Director Hubbell, 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell II and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section II of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, G Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance, together with the Emergency Section had PASSED. Introduced. next was Ordinance No. 13,583, described as: 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 AND ASSIGNING SAME TO WARDS; (Property at Interstate 30 & Scott Hamilton Drive - Court Order dated December 8, 1978) with the Ordinance being read the first time, followed by a motion from Director Hubbell to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Shackelford I I I FV/ JANUARY 16, 1979, Cont'd. 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 seconded by Directors Hubbell and Shackelford, respectively, and unanimously adopted by the Board Membe present, being seven 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. The next presentation was a Petition, No. Z -3282, from Rector - Phillips -Morse to rezone the south side of Interstate 30, 800 feet west of Scott Hamilton Drive, (long legal description) from "A" One - family District to "I" Light Industrial District, which had received the approval of the Planning Commission. No one was present to oppose the rezoning therefore, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,584, as follows) Ordinance No. 13,584 was presented, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE SOUTH SIDE OF INTERSTATE ROUTE NUMBER 30, APPROXIMATELY 800 FEET WEST OF SCOTT HAMILTON 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 Hubbell, which was seconded by Director Shackelford, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion by Director Hubbell for a further sus- the rules to allow for the third and final reading of the Ordinance. The motion was seconded pension of by Director Shackelford, 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; 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.- Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. Ordinance No. 13,585 was introduced with the following heading: , 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; (1.020 Acres south of Rodney Parham Road and east of Green Mountain Drive - Court Order dated December 8, 1978) which Ordinance was read the first time. The rules were then suspended and the Ordinance placed on its second reading by a motion from Director Hubbell, seconded by Director Shackelford, 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 Hubbell, again seconded by Director Shackelford, 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 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 Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared to have PASSED. Zoning Petition No. Z -3284 from Rector - Phillips -Morse by Bill Hastings, was presented next contain- ing a request for rezoning Charles Valley (long legal description) from "A" One- family District to "F" III JANUARY 16, 1979, Cont'd. Commercial District. The proposed rezoning had received the approval of the Planning Commission. r (See proposed Ordinance below) I There was presented a Proposed Ordinance, with the caption being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN CHARLES VALLEY IN THE CITY OF LITTLE ROCK, ARKANSAS a AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER A PURPOSES; V I and the Ordinance was read the first time. Mr. Roger Red of_11618 Huron Lane whose property abuts a J ! portion of the property proposed for reclassification, requested that the Ordinance provide for a buffer zone. Director Mehlburger commented that to let "F" Commercial Zoning come up to residential property is "poor planning ", and suggested that the Staff contact the petitioner and attempt a compromise. There �I was no further discussion, and no motion for the suspension of the rules therefore, the proposed Ordi- nance remained on the calendar for second reading. Ordinance No. 13,586 was presented described as: AN ORDINANCE AMENDING LITTLE ROCK CODE OF ORDINANCE SECTION 23- 3.1-TO CHANGE ZONE RATES FOR TAXI- I +I CAB SERVICE; AND FOR OTHER PURPOSES; Ii 4 and the Ordinance was read the second time, having been read the first time on January 2, 1979. Several i N ' persons were present to speak regarding the rate increase for taxicab service. Mr. Bob James of the I Black & White Cab Company was the first speaker. Upon question by Director Langston, Mr. James advised that approximately 35% of the rate increase would go to the company with 65% to the individual driver. Director Langston stated that the complaints he had received were regarding service and lack of clean- liness. Mr. James told the Board that his company would strive to produce the proper level of service, but would have to have cooperation from the drivers. Other speakers were Mr. Paul Graziani, president of Arkansas Environmental Barriers Council, Mr. Delbert Lewis, Mr. Charles Black, Mr. Jim Hudson and !' i Mr. Thomas Robinson, each of whom requested improved and dependable service; with service being the primary concern rather than the rate increase. Director Mehlburger suggested that the logical agency I to coordinate these problems would be the Transit Policy Board, with an integrated system between the buses and taxicabs. Director Hubbell reminded of the obligation to regulate service as well as rates. Director Mehlburger made a motion to amend the Ordinance, "that rates be enacted for a period of twelve months." The motion was seconded by Director Langston and adopted by the following roll call vote: Ayes - Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 5; Noes - Mayor Keith and Director Bussey - total 2; Absent - None. A subsequent motion was then made by Director Mehlburger, seconded by Director Bussey to suspend the rules and place the Ordinance, as amended, on third and final reading. The motion was submitted to a roll call vote with the following results: Ayes - Mayor Keith,II Directors Langston, Mehlburger, Bussey and Shackelford - total 5; Noes - Directors Hubbell and Jones - total 2; Absent - None. Therefore, the Ordinance, as amended, was read the third and last time with an Aye and No Vote being taken on the question, Shall the Ordinance Pass, and the vote is herein record- ed as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. i Resolution No. 6,069 was introduced with the following heading: A RESOLUTION ADOPTING PROCEDURES TO BE FOLLOWED IN DISPOSING OF CITY -OWNED LAND; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution; after which a motion from Director Hubbell, secondedli i by Director Shackelford, resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - 1' None; Absent - None. Presentation of Resolution No. 6,070 was then made, with the title being: A RESOLUTION CLARIFYING POLICY OF MANDATORY PARTICIPATION IN NONUNIFORM PENSION PLAN;�� with there being a full reading of said Resolution, which was thereafter adopted upon motion of Director A li k � 'I b J JANUARY 16, 19793 Cont'd. Hubbell, seconded by Director Shackelford, and by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent None. ' Resolution No. 6,071 was presented containing the following title; A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF O'NEAL STEEL, INC. PURSUANT TO AN OFFER AND ACCEPTANCE ENTERED INTO BY THE LITTLE ROCK PORT AUTHORITY AND THE SAID O'NEAL STEEL, INC. DATED NOVEMBER 16, 1978, AND ACCEPTED NOVEMBER 30, 1978, AS TO A PORTION OF TRACT B, AREA 103 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 PURPO' ($273,800.00) with the Resolution read in its entirety. A motion by Director Hubbell, seconded by Director Shackel- ford, resulted in a roll call vote which adopted the Resolution as herein described: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A Resolution in support of a proposal to amend State Law to enable City Manager Cities to provide for the popular election of a Mayor had been placed on the Official Agenda, Director Jones requested that the proposed Resolution be postponed until a later date, therefore, no action was taken. There was presented Resolution No. 6,072, containing the following caption: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DOYLE W. ROGERS PERTAINING TO THE DEVELOPMENT OF THE CONVENTION CENTER -HOTEL COMPLEX; AND FOR OTHER PURPOSES; and the Resolution was read in full. Following a motion from Director Hubbell, seconded by Director Shackelford, the Resolution was then adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent None. A proposed Resolution was presented with the following title: A RESOLUTION REQUIRING CITIZENS WISHING TO SPEAK ON AGENDA ITEMS TO REGISTERrPRIOR TO MEETING; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. Mrs. Janet Buford of the League of Women Voters of Pulaski County read a prepared statement in which she stated that she was "appalled at the proposal which would severly limit, if not completely abolish citizen participation at Board Meetings." Upon question ' by Director Langston, she advised that she would not object to signing a card. Director Bussey express- ed opposition to the mandatory requirement, following with a motion to "table the Resolution and let the Board experiment with voluntary registration." The motion was seconded by Director Hubbell and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - Director Mehlburger - total 1; Absent - None. Another proposed Resolution was presented adopting a Code of Ethics for City Employees. Upon request by Director Bussey the Resolution was withdrawn from the Agenda for further study. Resolution No. 6,073 was presented next, described as: A RESOLUTION SUPPORTING LOCAL DETERMINATION USE OF FUNDS FOR CETA PROGRAM; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety; and thereafter adopted upon motion of Director Hubbell, seconded by Director Shackelford, and by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. At this time, Director Jones advised the Board of several complaints regarding the property owner $10.00 permit fee for an Alarm System. She further stated that statements were received on an annual ' basis, adding that she voted with the intent that the permit fee was $10.00, rather than an annual charge. Letters of explanation had been written but, City Manager Carleton McMullin suggested that the letters be withheld and the issue be, placed on the next Agenda. Director Jones then commented that the Under Citizen Communications Mr. Delbert Lewis came forward and urged he Board of Directors o Communications, w g t ect s t I ' consider an integrated transportation system. He further commented that the parking lot for the handi- capped was filled and he had difficulty in finding a place to park. Upon question by Director Langston, i Mr. Lewis advised that the law does not provide for auto stickers for the handicapped. Director Langston then suggested that he might propose such an Ordinance. At 9:45 P. M. Director Hubbell made a motion, seconded by Director Langston, that the Board recess into Executive Session for the purpose of discussing appointments to various Boards and Commissions. �I The motion was adopted by unanimous voice vote. y At 10:20 P. M. the Board of Directors reconvened in the Board Chamber with Mayor Keith presiding and all Board Members answering roll call. A Resolution, No. 6,074, was presented and entitled: A RESOLUTION MAKING APPOINTMENTS TO THE ELECTRICAL EXAMINING BOARD AND ZONING BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES; II (Electrical Examining Board - Mr. Melvin Styers; Zoning Board of Adjustment - Mr. Jerry Wilcox and Ms. Marcelline Giroir) �I ' and there was a complete reading of the Resolution; after which a motion from Director Hubbell, seconded +{ by Director Bussey, resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell 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 Hubbell, seconded by Director Bussey, and by unanimous vote of the Board Members li present, the meeting was adjourned at 10:25 o'clock P. M. to meet again in regular session on Tuesday, I I February 6, 1979 at 7:30 o'clock P. M. ATTEST: APPROVED: ,04 City Clerk A. M. "Sandy" Keith, Mayor i I y 1 1 � i 1 I I 59 JANUARY 16, 1979 Cont'd. r i statements should be ignored until further study. It was generally agreed that the matter be placed on �I I � I the next Agenda. g Board of Directors Chamber Little Rock, Arkansas January 26, 1979 - 4:00 P. M. The Board of Directors of the City of Little-Rock, Arkansas met in a Special Session upon call by the Mayor, with Mayor A. M.. "Sandy ",Keith presiding, and City Clerk Jane Czech, and the following Directors present: Directors Langston, Mehlburger, Bussey, Hubbell and Jones - total 5;. Absent - Director Shackelford - 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; "Pursuant to authority of Section 197708(c), Arkansas Statutes 1947 Annotated, please accept this as notice of a special meeting of the Board of Directors to be in the Board Chamber, City Hall, on the 26th day of January, 1979, at 4:00 p..m., to'be held for the purpose of considering a resolution relating to the name of the Little Rock Zoo." It being stated by the Mayor that this Notice had been duly served and acknowledged, said communica were received and filed -. The matter to be considered was Resolution No. 6,075, with the title b'eing:. -- , A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE -ROCK, ARKANSAS, ENDORSING A CHANGE IN THE NAME OF THE LITTLE ROCK ZOO TO THE ZOO OF ARKANSAS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. There was motion then made by Director Langston, seconded by Director Bussey, which resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Hubbell and Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Resolution was therefore, adopted unanimously,tby; the 11 Members of the Board of Directors present. 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 Langston, and by unanimous vote of the Members of the Board of Directors present, the meeting was adjourned at 4:15 o'clock P. M. to meet again in regular session on February 6, 1979 at 7:30 o'clock P. M. ATTEST: City Clerk APPROVED: A. M. "Sandy" Keith, Mayor n ' Board of Directors Chamber '1 {i +, YI I Little Rock, Arkansas ,I February 6, 1979 - 7:30 P. M. 1 III' The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Keith presiding and Jane Czech, City Clerk, and the following Directors presenti Directors Langston, Mehlburger, Shackelford, Hubbell and Jones , total 5;- Absent , Director Bussey - total 1. ` I It was announced that a quorum was present and the meeting, therefore; proceeded as herein recorded, The Invocation was given by Director Mehlburger; p� The Consent Agenda was presented first and consisted of the following items: I I (a) The reading of the Minutes of the previous meeting held January 16, 1979, and the I Special Meeting held January 26, 1979. I� (b) The report of the City of Little Rock 1978 Operating Budget, (c). Resolution No. 6,076, entitled: ' A RESOLUTION SUPPORTING LOCAL DETERMINATION USE OF FUNDS FOR CETA PROGRAMS; MI AND FOR OTHER PURPOSES. l (To correct wording in Resolution No, 6,073 by adding "to waive" in the first Whereas clause; Adopted January 16, 1979.) Ili (d) Resolution No. 6,077, entitled :! A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATIONS OF FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FOR THE YEAR I 1979 -1980; APPROVING THE CDBG APPLICATION; AUTHORIZING THE FILING OF THE APPLICATION FOR Ili SAID FUNDS; AND FOR OTHER PURPOSES. I (e) Resolution No. 6,078, entitled: Ill A RESOLUTION ENDORSING LEGISLATIVE REFORM FOR GEOGRAPHICAL LIMITATIONS ON THE b MOBILITY OF PAROLEES. (f) Resolution No. 6,079, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN APPLICATIONS FOR.FEDERAL FUNDS FOR TECHNICAL ASSISTANCE IN THE PREPARATION OF ENVIRONMENTAL ASSESSMENT. (g) Resolution No. 6,080, entitled: I Y' A RESOLUTION IN SUPPORT OF THE PAN AMERICAN WORLD AIRWAYS MERGER WITH NATIONAL j AIRLINES; AND FOR OTHER PURPOSES. l (h) Resolution No. 6,081, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EXCHANGE EASEMENT j WITH NATIONAL BY- PRODUCTS, INC. FOR A SEWER MAIN, AND FOR OTHER PURPOSES. �II (i) Resolution No. 6,082 (No Title) APPOINTING ERWIN D. BARGER AS COMMISSIONER OF RIVERDALE LEVEE IMPROVEMENT DISTRICT NO. 134, TO FILL VACANCY CREATED BY DEATH OF THOMAS E. DOWNIE. I (j) Resolution No. 6,083, entitled: A RESOLUTION ACCEPTING THE ANNEXATION OF NW 1/4 OF SW 1/4, SECTION 13, TOWNSHIP 2 NORTH, RANGE 13 WEST, TO THE CITY OF LITTLE ROCK, ARKANSAS. (Turtle Creek - 40 acres east of Napa Valley and south of Pleasantree Drive) I' (k) Resolution No. 6,084, entitled: A RESOLUTION AUTHORIZING THE LITTLE ROCK ADVERTISING AND PROMOTION COMMISSION TO II i i ADVERTISE FOR THE SALE OF CERTAIN CITY OWNED REAL PROPERTY SUBJECT TO CONFIRMATION OF THE I I BOARD OF DIRECTORS; AND FOR OTHER PURPOSES. I Vi, lY f�FEBRUARY 6, 1979, Contd. iV (1) Resolution No. 6,085, entitled: A RESOLUTION ACCEPTING BIDS & AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR BUS SERVICE FOR THE PARKS DEPARTMENT SUMMER PLAYGROUND PROGRAM FIELD TRIPS; FOR THE PURCHASE OF WORD PROCESSING EQUIPMENT; FOR THE PURCHASE OF THREE ONE -HALF TON PICKUP TRUCKS; FOR THE ANNUAL CONTRACT FOR OIL & LUBRICANTS; FOR THE ANNUAL CONTRACT FOR AUTOMOTIVE BATTERIES; FOR THE INSTALLATION OF TRAFFIC SIGNAL EQUIPMENT; AND FOR OTHER ++ PURPOSES. �I it (m) Resolution No. 6,086, entitled: A RESOLUTION SUPPORTING AN URBAN JOB CORPS CENTER FOR LITTLE ROCK; AND FOR OTHER j PURPOSES. 1 (n) Resolution No. 6,087, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO USE APPROPRIATED TRAINING FUNDS FROM THE PERSONNEL DEPARTMENT BUDGET TO MATCH AN INTER- GOVERNMENTAL PERSONNEL ACT GRANT; TO ENTER INTO A CONTRACT WITH FARR & JOHNSON ASSOCIATES FOR TRAINING SERVICES; AND FOR OTHER PURPOSES. V (o) Resolution No. 6,088, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE PRIVATE SECTOR INITIATIVE PROGRAM CONTRACTUAL DOCUMENTS ON BEHALF OF THE CENTRAL ARKANSAS CONSORTIUM; AND FOR I� l� OTHER PURPOSES. I (pZ Resolution No. 6,089, entitled: II I A RESOLUTION AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN IMPROVEMENTS OF WEST 36TH STREET AS PART OF THE CDBG FOURTH YEAR HANDICAPPED BARRIER REMOVAL PROJECT; AND Y FOR OTHER PURPOSES. I� (q) Resolution No. 6,090, entitled: A RESOLUTION COMMENDING MR. MAHLON MARTIN, ASSISTANT CITY MANAGER, FOR HIS WORK ON THE 1979 BOARD OF DIRECTORS RETREAT. By a-motion from Director Jones, seconded by Director Shackelford, 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 January 16, 1979 and the special meeting held January 26, 1979 were approved as written and sutmnarized to the members of the Board of Directors; (b) The Report ' i I of the City of Little Rock's Operating Budget for 1978 was received and filed; and (c, d, e, f, g, I h, i, j, k, 1, m, n, o, p, and q) Resolutions No. 6,076, 6,077, 6,078, 6,079, 6,080, 6,081, 6,082, 61083, 6,084, 6,085, 6,086, 6,087, 6,088, 6,089 and 6,090 were read in full and adopted by the follow- ing roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. I Director Bussey was enrolled. j A Public Hearing had been scheduled for this time and place for the purpose3of discussing the possible issuance of individual taxicab franchises to owners- operators. Mayor Keith declared the Public Hearing open and Mr. Roy Finch, Attorney for Yellow Cab Company was the first speaker in'.',), opposition to the proposal. Mr. Finch suggested that a Public Hearing be held at which time the applicants would explain qualifications for obtaining the franchise; and, that a Committee be appointed to further study the matter. Director Langston advised that one argument for this procedure was that the franchisees would be providing regular rides at a designated time each day. Mr. Finch stated that the existing companies now have this same type of riders. Director Langston further advised that he '. �� had received complaints from the handicapped regarding the present service. Mr. Finch responded by II, saying that a specialized type of equipment is needed and recommended a study to determine the needs. I I Upon question by Director Shackelford, Mr. Finch advised that ordinarily, the average waiting time for ILY63 FEBRUARY 6, 1979, Cont'd. a taxicab is not more than .fifteen minutes, He further explained that lack of drivers is the problem and that Yellow Cab Company has $6,000 per unit, vacant cars, and no one to drive them. It was his YI', opinion that allowing individual franchises would create more competition and worsen the situation more IV, than it is already; and, would dissipate the service we already have. In response to a question from Director Mehlburger, Mr. Finch,hsaid he would prefer that the Transit Policy Board have authority over taxicab regulations and fares in the County. Mr. Bob James, vice president of Black & White Cabs, was the other speaker opposed to individual franchises. He stated that the licensing of individual operators had been tried in Indianapolis, Indiana, and the existing companies went broke as well as the independ- ents; adding, "we are offering a vital community service, and we need your help but, this isn't the way to go." Director Bussey advised that he had waited one and one -half hours at City Hall for a Black & White Cab recently, and Mr. James explained that the Boxing Attractions were being held that evening and that he had received twenty -seven calls for that event. Mr. Thomas Robinson, a taxicab driver in Little i Rock for seventeen years spoke for the individual franchise, expressing the opinion that "we do need the taxi companies, but competition is healthy -- -real healthy." He advised that he would buy the insurance �I { and could put a 1961 and 1978 vehicle in service. Upon question by Director Jones, Mr. Robinson display- �r ed a red, white and blue shield type sign with the wording, "Independent Taxi" that would identify his cabs. Mr. Jim Hudson, an unsighted person, also spoke, and advised the Board of Directors that all he wants is service, and "any way we can get that service we ought to do it." He felt the independent drivers would give good service, but did not speak against the taxicab companies. Mayor Keith advised that it was not the intent to drive anybody out of business, adding "there is sufficient demand to keep everyone happy." With no further discussion, Mayor Keith declared the Public Hearing to be closed and Ili no action was taken on the proposal. Ordinance No. 13,587 was presented with the caption being: 1 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN CHARLES VALLEY 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 to "F" Commercial District) and the Ordinance was read the second time, having been read the first time on January 16, 1979. Again, Mr. Roger Red, a property owner at 11618 Huron Lane requested that a buffer be provided to protect his I ' property from the "F" Commercial Zoning. Upon question by Director Hubbell, Mr. Red stated that he was aware of the "F" Zoning when he purchased`chis property. Mr. Bill Hastings of Rector - Phillips- Morse, the petitioner, advised that this property is surrounded by "F" Commercial and "I" Light Industrial Zoning. l He further advised that the property requested for rezoning does not abut "A" One - family Zoning at all. Upon question by Director Mehlburger, Mr. Red advised that he plans to continue living at 11618 Huron i Lane as long as it is feasible, even though the request is granted. At this time, there was a motion by I Director Hubbell to suspend the rules and place the Ordinance on third and final reading. The motion was I�i I' seconded by Director Bussey, adopted by unanimous vote of the members of the Board of Directors present,lli being seven in number and two - thirds or more of the members of the Board of Directors - elect; with the l'1 'I outcome being a third and last reading of the Ordinance. There was an Aye and No Vote taken on the i question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. I The Ordinance, therefore, was declared PASSED. ' Presented for consideration at this time was Ordinance No. 13,588, with the title being: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONERS OF SEWER IMPROVE- MENT DISTRICT N0, 140 OF LITTLE ROCK, ARKANSAS; (Westwood Heights Area) which Ordinance was then read the first time. Filed in connection with the Ordinance was a petition I Oi ; from five property owners in Sewer Improvement District No. 140, recommending the appointment of FEBRUARY 6, 1979 Cont'd. William D. Musgrove to fill the vacancy created by the resignation of Edward D. Herndon, A motion followed from Director Bussey, seconded by Director Hubbell, 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 Hubbell, 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Introduced next, was Ordinance No. 13,589 entitled: AN ORDINANCE TO APPOINT A COMMISSIONER TO FILL A VACANCY ON BOARD OF COMMISSIONERS OF WATER PIPE LINE IMPROVEMENT DISTRICT NO. 132 OF LITTLE ROCK, ARKANSAS; (Westwood Heights Area) with the Ordinance being read the first time. A petition was also filed, signed by five property owners ' in Water Pipe Line Improvement District No. 132, recommending the naming of William D. Musgrove to fill the vacancy created by the resignation of Edward D. Herndon. A motion from Director Bussey followed, to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Hubbell 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 Director Bussey, again seconded by Director Hubbell, 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ord was declared PASSED. Ordinance No. 13,590 was presented, described as: 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; (Westwood Heights Area) and said Ordinance was read the first time. Filed in connection with the - Ordinance was a petition signed by five property owners in the district recommending the appointment of William D. Musgrove, as a Commissioner on the Board, to fill a vacancy created by the resignation of Edward D. Herndon. There was a motion then made by Director Bussey, seconded by Director Hubbell, 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 seven in number and two- thirds or more -of the members of the Board of Directors - elect. Upon second reading of the Ordinance, a motion was again made to suspend the rules to allow for the third and final reading of the Ordinance at this time; with the motion being made by Director Bussey, again seconded by Director Hubbell, 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. 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Ordinance No. 13,591 was considered next, with the title being; FEBRUARY 6, 1979, Cont'd. 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; (Westwood Heights Areal with there being a first reading of the Ordinance. Filed in connection with the Ordinance was a petition recommending the appointment of William D. Musgrove to the vacancy caused by the resignation of Edward D. Herndon on the Board of Commissioners of the District. The rules were then suspended and the Ordinance placed on second reading, by motion of Director Bussey, seconded by Director Hubbell, 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 Bussey„ seconded by Director Hubbell, that the rules again be suspended and the Ordinance be placed on third and final reading. The motion was unanimously adopt by members of the Board of Directors present, being seven in number and two - thirds or more of the memo 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 recorded as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell 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 by Resolution No. 6,068, which had b duly advertised in accordance with State Statutes, on January 23, 1979 and January 30, 1979. The hearing was set for the purpose of discussing the Petition by Attorney H. B. Stubblefield, for Robbie M. Jackson Trust and the Arkansas State Hospital Board of Control, requesting the vacating and closing of the portion of Elm Street lying south of the south right-of -way line of West 7th Street and north of the north right -of -way line of I -630, which petition had received the approval of the Planning Commission. Mayor Keith declared the Public Hearing to be open; and, with no opponents present to speak to the issue; the Public Hearing was then declared to be closed, and a related Ordinance was placed on first reading. (See Ordinance No. 13,592 as follows) Ordinance No. 13,592 was presented, described as: AN ORDINANCE VACATING AND CLOSING A PORTION OF ELM STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; said Ordinance was read the first time; after which there was a motion by Director Mehlburger, seconded ' by Director Bussey, that the rules be suspended and the Ordinance be placed on second reading. The 11111 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 second reading of the Ordinan a motion was again made to suspend the rules to allow for the third and final reading of the Ordinance at this time;.with the motion being made by Director Bussey, seconded by Director Mehlburger, 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. 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford; Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 13,593, entitled: AN ORDINANCE APPROPRIATING CAPITAL IMPROVEMENT PROJECT FUNDS AND AUTHORIZING THE CITY MANAGER TO IIIII�I ENTER INTO A CONTRACT FOR THE CONSTRUCTION OF A CENTRAL VEHICLE MAINTENANCE FACILITY AND FOR OTHER ($195,000.001 with the Ordinance being read the first time, followed by a motion from Director Hubbell to suspend rules and place the Ordinance on its second reading. The motion was seconded by Director Jones and FEBRUARY 6, 1979, Cont!d. adopted by unanimous vote of the Board Memhexs present, being seven in number and twcTthirds or more of the members -of the Board of Directors elect$ and a second reading of the Ordinance followed. The rules were again suspended and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Mehlburger and Shackelford, 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 described: Ayes Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None;- Absent - None. It was IM announced that the Ordinance had PASSED. ordinance No. 13,594 was presented next, with the title being: AN ORDINANCE APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OT THE GENERAL FUND FOR ITEMS INCLUDED IN CATEGORY "B" FUNDS OF THE 1979 OPERATING BUDGET; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ($183,333 for Central Arkansas Transit Operations) and the Ordinance was read the first time. There was a motion at this time by Director Hubbell, second- ed 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 of Director Mehlburger; seconded by Director Shackelford, 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 read- ing of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein recorded: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent -,None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston Mehlburger �Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent None. It was announced that the Ordinance, together with the Emergency Section had PASSED. The next presentation was Ordinance No. 13,595, entitled: AN ORDINANCE APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR ITEMS ' INCLUDED IN CATEGORY "B" FUNDS OF THE 1979 OPERATING BUDGET; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ($38,711.00 for the Little Rock Public Library) and after a first reading of the Ordinance, there was a motion by Director Hubbell 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 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 Mehlburger, seconded by'Director,�Shackelford, for a further suspension of the rules to permit the third and last reading of the Ordinance at this time; which motion was un- animously 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; , Noes - None; Absent - None. The Emergency Clause contained in Section 2 of Ordinance No. 13,595 was then read and submitted to the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Clause, was then declared Ile J FEBRUARY 6, 1979, Cont'd, Ordinance No: 13,546 was presented at this point, with the title being: AN ORDINANCE APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL.FUND FOR ITEMS INCLUDED IN CATEGORY "B" FUNDS OF THE 1979 OPERATING BUDGET; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ($20,000 for the Museum of Science and Natural History) and the first reading of the Ordinance ensued, The previous request for the appropriation had been for the purpose of employing guards at the Museum, however, Dr. Richard Baldauf, Director of the Museum was present and requested that the money be used for parking lot lighting and improvements to the Museum. Upon question by Director Hubbell, Mr. Mahlon Martin, Assistant City Manager explained that the appropriation would be a one -time expenditure, rather than an on -going item. There was no opposition presented to Dr. Baldau£'s request, and there was a motion by Director Hubbell to suspend the rules and place the Ordinance on its second - reading. The motion received a second by Director . Jones 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 then followed from Director Mehlburger, seconded by Director Shackelford, 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 Ordi- nance and resulting as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackel- ford, Hubbell and Jones - total 7; Noes - None;- Absent - None, The Emergency Clause contained in Section 2 of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent --None, The Ordinance and Emergency Section were then declared PASSED. Introduced at this time was Ordinance No. 13,597, with the caption being: AN ORDINANCE APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR ITEMS INCLUDED IN CATEGORY "B" FUNDS OF THE 1979 OPERATING BUDGET; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ($2,000,00 for Suspected Child Abuse and Neglect, SCAN) with the Ordinance being read the first time. Director Hubbell 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 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 motionifor a further.suspension of the rules to place the Ordinance on third and final reading; with the motion being made by Director Mehlburger, seconded by Director Shackelford, 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 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 - Mayor Keith,. Directors Langston, Mehlburger., Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 2 of the above Ordinance was read at this time and sub- sequently adopted by the following roll call vote: Ayes r Mayor Keith, Directors Langston, Mehlburger Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the ordinance; and Emergency Section had PASSED. FEBRUARY 6, 1979, Cont'd, The next matter to be considered was Ordinance No, 13.,598, with- the following titlep, AN ORDINANCE APPROPRIATING FUNDS 'FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR ITEMS INCLUDED IN CATEGORY "B" FUNDS OF THE 1979 OPERATING BUDGET; DECLARING AN EMERGENCY; AND FOR OTHER II III PURPOSES; ($4,700.00 for the Oakland - Fraternal Cemetery Board for the purchase of equipment). with there being a first, reading of the Ordinance, followed by a motion from Director Hubbell, seconded by Director Jones, that the rules be suspended. and the Ordinance be placed on second reading. The motic 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 a second reading of the Ordi- nance ensued. A motion was then made fora 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 Mehlburger, seconded by Director Shackelford, 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 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 - Mayor Keith,.Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Section, being Section 2 of the foregoing Ordinance was read and adopted by the following roll call vote:. Ayes - .Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section was therefore, declared PASSED. .. Resolution No. 6,091 was introduced with the description being: A RESOLUTION REQUESTING CITIZENS WISHING TO SPEAK ON AGENDA ITEMS TO VOLUNTARILY REGISTER; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. The Resolution had been drafted to "request citizen wishing to speak on agenda items to register ", but there was a motion by-Director Bussey, seconded by Director Mehlburger, to insert the word 'voluntarily" between the words "to" and "register." The motion was adopted by voice vote of the members of the Board of Directors present, therefore, the Resolution was amended to include the word 'voluntarily." A subsequent motion from Director Bussey, seconded by Director Mehlburger, resulted in a roll call vote adopting the Resolution, as amended, with the follow- ing conclusion: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. There was presented a Proposed Ordinance, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 13,492; AND FOR OTHER PURPOSES; (Burglar Alarm Ordinance - to make the $10.00 annual.fee a non - recurring application fee). and the Ordinance was read the first time. A brief discussion followed in which Police Chief Walter Simpson stated that "there is a. recurring cost to the maintenance of alarm systems." Following the discussion, Director Jones made a motion, seconded by Director Langston, that the rules be suspended and the Ordinance be placed on second reading. A roll call was taken on the motion to suspend the rules with the following results: Ayes - Mayor Keith, Directors Langston_, Mehlburger, Bussey and Jones - total 5; Noes - Director Shackelford - total 1; Abstaining - Director Hubbell - total 1; Absent - None. With the motion to suspend the rules having been adopted, the Ordinance was read the second time. There was an ensuing motion by Director Bussey, seconded by Director Langston, for the further suspension of the rules to allow for the third and final reading. Again, a roll call was taken on the motion with the results recorded as follows: Ayes - Mayor Keith and Director Mehlburger - total 2; ' Noes - Directors Langston, Bussey, Shackelford and Jones - total 4; Abstaining , Director Hubbell - total 1; Absent - None. With the motion for the suspension of the rules having failed, the proposed Ordinance remained on the calendar for the third and final reading. 111""691 FEBRUARX 6, 1979, Cont'd, Resolution No. 6,092 was'. introduced with the following caption; III A RESOLUTION OPPOSING THE ANNEXATION OF THE CITY OF ALEXANDER OF CERTAIN LANDS; AND FOR OTHER PURPOSES; i (1,251.7 Acres, more or less? and there was a complete reading of the Resolution; after which a motion from Director Bussey, seconded 0 by Director Mehlburger,'resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - I None; Absent— None. The next presentation was Ordinance No. 13,599, containing'the following title: AN ORDINANCE RENEWING FOR THE YEAR 1979 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 Ordinance' being read the first time. The proposed Ordinance had been drafted for a two -year period (1979 and 1980) however, there was a motion by Mayor Keith, seconded by Director Jones, to amend the Ordinance by renewing the franchises for-only the year 1979. A roll call was taken on the motion to amend the Ordinance to grant the franchises for a one -year period with the following results: Ayes - I' Mayor Keith, Directors Langston, Bussey, Shackelford and Jones - total 5; Noes - Directors Mehlburger and Hubbell - total 2; Absent - None. A subsequent motion was then made by Director Mehlburger to suspend the rules and place the Ordinance, as amended, 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 �I two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordi- nance, as amended, ensued. The rules were again suspended and the Ordinance, as amended, placed on its third and final reading by a motion made by Director Bussey, seconded by Director Mehlburger, and I'I' unanimously adopted by the Board Members present, being seven in number and two- thirds or more of the I 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, as amended, which resulted as herein 41' recorded: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, as amended, was declared PASSED. At this point in the meeting a discussion followed on a proposed House Bill (11423) before the Arkansas State Legislature which would establish a motor vehicle service facility on or near the State j Capitol Grounds. The Bill also provides for the work at the facility to be done by inmates from the state prison system. Little Rock Police Chief Walter Simpson advised that he had no objection to the r. facility being built in Little Rock, but opposes the use of inmate labor at the facility. Chief I, Simpson was directed by the Board of Directors to oppose the House Bill at the State Legislature and p Resolution No. 6,093 was presented, entitled: A RESOLUTION OPPOSING HOUSE BILL #423 INASMUCH AS IT CONTAINS PROVISIONS FOR THE USE OF INMATE LABOR; I II and the Resolution was read in its entirety; after which a motion from Director Langston, seconded by III Director Bussey, resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None, Following the discussion and adoption of the Resolution relating to House Bill No. 423, Director Mehlburger suggested that the Board of Directors recess the Tuesday night Board Meetings until the I' - -- -- Wednesday Agenda Sessions as long as the State Legislature is in Session, hh `'lll - -- --- k� it Ili !I ✓ w FEBRUARY 6, 1479, Contd. Director Mehlburger advised the boaird of Directors that.he will be supporting the merger of Texas + Y International Airlines with National Airlines in the form of a Resolution to be considered by the Board. The matter was then deferred until the reconvened meeting on Wednesday, or the regular meeting on February 20, 1979. 1. .1 ' Under Citizen Communications, there were three persons, speaking to the Board. Mrs. Villonia Griffith supported the election of Directors by Wards, which she felt would be more fair representation by the people of Little Rock. Mrs. Cornelius Dailey, ,a resident of the Centennial Area, spoke regarding sewer charges, taxicab rates and felt bus.service should be utilized for service to medical facilities. The other speaker was Rev. John Smith. He advised that :a group had constructed a home on West 19th i Street for a victim of the flood and learned there are no sewer facilities to the lot. After discussion, Mayor Keith advised Rev. Smith to consult with the Wastewater Utility Department in order to seek a .solution to the problem. There was no further business to be presented or to come before the Board of Directors, and „upon tl{ motion of Director Hubbell, seconded by Director Langston, and by unanimous vote of the Board Members present the meeting was adjourned at 9:35 o'clock P. M. to meet again in reconvened session on j4 Wednesday, February 14, 1979_ at 8:30, o'clock A. M. ATTEST/ �N APPROVED: L III City Clerk A. M. "Sandy” Keith, Mayor E 1 i I I� it II� i� i 9 . .. III iil, 7� Board of Directors Chamber I Little Rock kansas Ar V February 14, 1979 - 8:30 A. M. i Ali The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from February 6 1979 with Mayor Keith presiding and Jane Czech City Clerk and the following Directors � present,. Directors Langston, Mehlburger, Shackelford and Jones , total 4; Absent - Directors Bussey I' and Hubbell - total 2. I As there.was a quorum present, it was therefore announced, and the meeting proceeded as herein recorded, Mayor Keith announced that an Executive Session was needed to continue the evaluation of City Manager Carleton E. McMullin. Director Langston made the motion that the Board recess to Executive Session, which was seconded by Director Mehlburger, and unanimously adopted by the Board Members present, ' At .9445 o'clock A. M. the Board reconvened in the Board of Directors Chamber from Executive Session , with Mayor Keith presiding and the following Directors answered roll callc Directors I Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None, I Mayor Keith announced that the evaluation of Mr. McMullin had been concluded and the Board had granted him a 7% salary increase retroactive to January 1, 1979. Mayor Keith further stated that the six- months evaluation is a continuing process with.the months for evaluation to be September and March; also, that these evaluations will include the City Attorney. 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 Hubbell, the meeting was adjourned at 9 :50 o'clock A. M. to meet again in regular session on Tuesday, February 20, 1979 at 7:30 o'clock P. M, j 4 ATTEST: 9�— APPROVED:i Vif City Clerk A. M. "Sandy" Keith, Mayor it Ij Xq I�„ Board of Directors Chamber Little Rock, Arkansas i February 20, 1979 r .7 ;30 P. M. Ij 4 The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor i i Keith presiding and Jane Czech, City Clerk, and the following Directors present; Directors Langston, 1 Mehlburger, Bussey, Shackelford, Hubbell 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 Bussey. The Consent Agenda was presented first, and consisted of the following items; (a) The reading of the Minutes of the previous meeting held February 6, 1979 and the reconvened meeting held February 14, 1979. (b) The T:inancial Report of the Mount Holly Cemetery Association for 1978. I� (c) The Comparative Statement of Income,Account of the Little Rock Municipal Water Works for { month of December, 1978. (d) Resolution No, 6,094, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD ANNUAL , 1 CONTRACTS FOR DIESEL FUEL, KEROSENE, PETROLEUM - PROPANE; FOR CEMENT, CONCRETE, SAND, LIME AND STONE; FOR CONCRETE BRICKS AND BLOCKS; AND FOR Z00 FOOD; (e) Resolution No. 6,095, with the title being: I A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS ENDORSING GOVERNOR BILL CLINTON'S HIGHWAY PROGRAM; AND FOR OTHER PURPOSES; (f) Resolution No. 6,096, containing the following caption: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, URGING THE MEMBERS OF THE 72nd GENERAL ASSEMBLY TO REFRAIN FROM PASSING ANY LEGISLATION THAT WOULD INCREASE BENEFITS TO BE PAID FROM FIRE AND POLICE PENSION FUNDS; AND FOR OTHER PURPOSES; (g) Resolution No. 6,097, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO DIRECT STAFF TO ADVERTISE AND TAKE BIDS ON A PARCEL OF PROPERTY LOCATED AT 1001 EAST ROOSEVELT ROAD; AND FOR OTHER PURPOSES; ' (h) Resolution No. 6,098, with the title being: , g A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR CONSULTING SERVICES FOR THE DOWNTOWN $ UNIVERSITY AVENUE COMPUTER SIGNALIZATION; AND FOR OTHER PURPOSES; Upon motion by Director Bussey, seconded by Director Jones, and a roll call vote with all members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minutes of the meeting held February 6, 1979 and the reconvened meeting held February 14, 1979 were approved as written and summarized to the Board of ,Directors; (b) The Financial Report of the Mount Holly Cemetery Association iwas received and filed; (c) The Comparative Statement of Income Account of the Municipal Water Works I� was received and filed; and (d, e, f, g B h) Resolution Nos. 6,094, 6,095, 6,096, 6,097 and 6,098 were read in full and adopted by the following roll call vote: Ayes , Mayor Keith, Directors Langston, 4 Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes , None; Absent , None, N Presentation of Resolution No. 6,099 was then made, entitled: A RESOLUTION IN SUPPORT OF THE TEXAS INTERNATIONAL MERGER WITH NATIONAL AIRLINES; AND FOR OTHER PURPOSES; i with there being a full reading of the Resolution, Mr. Bob Taylor of Texas International Airlines was present to request favorable consideration of the merger. He advised that Texas International owns 230 of the common stock of National Airlines. The Resolution was thereafter adopted upon motion of �II FEBRUARY 20, 1979, Cont'd, Director Mehlburger, seconded by Director Bussey, and by the following roll call vote, Ayes . Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford and Hubbell r, total 6; Noes - Director Jones � total 1; Absent - None. Zoning Petition No. Z- 2752 -A from the City of Little Rock, by Mr. Charles Bussey, Jr, was presented next which contained a request to rezone the northeast corner of East 13th Street and Hanger Street, from "B" Residence and "D" Apartment Districts to "MF,18F' Multifamily District (see petition for long legal description). The proposed rezoning was requested for the East Gate Terrace Apartment Complex, and received the approval of the Planning Commission by a vote of 8 ayes, 1 no, 2 absent. (See Ordinance No. 13,600 as follows) 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 Jones, seconded by Director Hubbell, 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; 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 - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones total 6; Noes - None; Abstaining - Director Bussey - total 1; Absent - None. The Ordinance was then declared PASSED. Zoning Petition No. Z -3295 was the next presentation. The applicants were A. Dan Phillips, Phillip Petroleum and Charles Taylor with McKay and Company the Developers, who were represented by Attorney Philip E. Kaplan. The petitioners requested the rezoning of property located on the S/W corner of Highway 10 at Rodney Parham Road (see petition for long legal description) from "A" One - family District to a "Planned Commercial Development." The rezoning proposal was approved by the Planning Commission with a vote of 7 ayes, 2 noes, 1 absent and 1 abstention. (See proposed Ordinance below) Introduced at.this time was a proposed Ordinance, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT APPLICATION PURSUANT TO SECTION 48.42 OF #13,340 VARIOUS PARCELS OF LAND LOCATED IN THE CITY OF LITTLE ROCK; which Ordinance was read the first time. A group of residents from the area were present in opposition to the development. Mr. Charles D. Maynard, representing Christ the King Church was the first speaker. It was his opinion that this proposal would be "spot zoning" until the completion of the Highway #10 Study; would cause a tremendous traffic problem at the intersection; and, would lead to degradation to the area. Attorney David P. Henry, who is a resident of the area voiced opposition. He cited the case on Appeal to the Supreme Court of the rezoning of the Charles Taylor property; pointing out if the Supreme Court should reverse the decision, this would generate a traffic count of 26,000 cars per day. Upon question by Director Langston, Mr. Henry said that traffic lights would not be adequate if the development is approved and, a cloverleaf would be required at this point. Dr. William L. Casey, President of the Pleasant Valley Property Owners Association was the other speaker opposing the Plan. He stated that this strip of land is located in a prime residential area and one of the prime objections is the traffic impact which is unbearable already. Attorney Philip Kaplan, representing the Developerst There was presented Ordinance No. 13,600, with the caption being: AN ORDINANCE RECLASSIFYING 1000 TO 1300 HANGER 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. Mr. Charles Bussey, Jr. was present to respond to questions by the Board and spoke in favor of the proposal. Upon question by Director Jones, Mr. Bussey advised that the Housing and Urban Development will consider the proximity of supportive services in the final ' stage of the Development. There was no further discussion and the rules were then suspended and the Ordinance placed on second reading, by motion of Director Hubbell, seconded by Director Jones, 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 Jones, seconded by Director Hubbell, 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; 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 - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones total 6; Noes - None; Abstaining - Director Bussey - total 1; Absent - None. The Ordinance was then declared PASSED. Zoning Petition No. Z -3295 was the next presentation. The applicants were A. Dan Phillips, Phillip Petroleum and Charles Taylor with McKay and Company the Developers, who were represented by Attorney Philip E. Kaplan. The petitioners requested the rezoning of property located on the S/W corner of Highway 10 at Rodney Parham Road (see petition for long legal description) from "A" One - family District to a "Planned Commercial Development." The rezoning proposal was approved by the Planning Commission with a vote of 7 ayes, 2 noes, 1 absent and 1 abstention. (See proposed Ordinance below) Introduced at.this time was a proposed Ordinance, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT APPLICATION PURSUANT TO SECTION 48.42 OF #13,340 VARIOUS PARCELS OF LAND LOCATED IN THE CITY OF LITTLE ROCK; which Ordinance was read the first time. A group of residents from the area were present in opposition to the development. Mr. Charles D. Maynard, representing Christ the King Church was the first speaker. It was his opinion that this proposal would be "spot zoning" until the completion of the Highway #10 Study; would cause a tremendous traffic problem at the intersection; and, would lead to degradation to the area. Attorney David P. Henry, who is a resident of the area voiced opposition. He cited the case on Appeal to the Supreme Court of the rezoning of the Charles Taylor property; pointing out if the Supreme Court should reverse the decision, this would generate a traffic count of 26,000 cars per day. Upon question by Director Langston, Mr. Henry said that traffic lights would not be adequate if the development is approved and, a cloverleaf would be required at this point. Dr. William L. Casey, President of the Pleasant Valley Property Owners Association was the other speaker opposing the Plan. He stated that this strip of land is located in a prime residential area and one of the prime objections is the traffic impact which is unbearable already. Attorney Philip Kaplan, representing the Developerst ,FEBRUARY 2(L, 1979P Cont!'d, McKay 4 Company, told the Board of Directors that this proposed Planned Commercial District is a "good prescription for the disease." He referred to the Highway Corridor Study, stating that this is the best alternative planned zoning along the highway, and that Planned Unit Development should be recognized. In answer to a question from Director Jones, Mr. Kaplan advised that the results of a feasibility study indicated there is still a demand for more commercial and office space in the area, Upon question by Director Bussey, Mr. Kaplan advised there hd been extensive meetings and he did not believe a compromise could be reached except to go strictly "E -1" Quiet Business. Dr. Casey stated that he was opposed to anything; Mr. Maynard advised the Church people voted against the zoning; and, Mr. Henry expressed support for a "nice" PUD Plan. After discussion, there was no motion for the suspension of the rules and the ordinance remained on the calendar for second reading. Director Bussey was excused Another Zoning Petition, No. Z -3293, was presented from the Covenant Presbyterian Church by Attorn David P. Henry, containing the request to rezone Lots 11 4 12, Block 1, Springdale Addition to.the City of Little Rock (NW Corner University at "R" Street - 1900 North University Avenue) from "Al' One family District to "E -1" Quiet Business District. The Planning Commission approved the petition by a vote of 9 ayes, 0 noes, 2 absent. (See proposed Ordinance as follows) A proposed Ordinance was presented, described as: AN ORDINANCE RECLASSIFYING 1900 N. 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 the Ordinance being read the first time. Opposition was presented to this request and several persons were present to be heard. Mr. C. Ray Pack of 55 Normandy Road advised that he did not want 11E-1" Quiet Business Zoning behind his house. Mrs. Jo Kimmins of 1600 North University Avenue, said the immediate neighbors are in strong opposition adding, "the Ordinance requiring notification within 200 feet is not adequate." Dr. Daniel Autry of 1900 North Tyler Street spoke in opposition stating the whole neighborhood is involved. He passed out clippings from the Arkansas Democrat entitled , "Forest Heights Zoning Plan for 20 -Block Area Scrapped." Mr. Frank J. Wills, Jr, of 1824 North Tyler advised there is concern about the Forest Heights Plan and Mr. Harper Cooper of 1901 North Polk Street stated "this is piece meal zoning and this is what we wish to prevent." Mr. David P. Henry, Attorney for the applicant presented the request for rezoning and advised those in opposition that the request was not for a 10 -block area, but that the Plan was for a dentist's office. With no-further discussion, there was a motion by Director Hubbell, seconded by Director Jones, 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. Upon second reading of the Ordinance, a motion was again made to suspend the rules to allow for the third and final reading of the Ordinance at this time; with the motion being made by Director Hubbell, again 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. 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 - Mayor Keith - total 1; Noes - Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 5; Absent - Director Bussey - total 1 Director Bussey was re- enrolled. Whereupon, the Ordinance was declared to have FAILED, Zoning Petition No. Z -3301 from Markham Inn, Inc. by Scott Farrell, Agent, was presented containii a request for rezoning Lots 1, 2, 3, 4, 5, 7, 15 4 16, Block 7, Pfeifer's Addition to the City of Litt. Rock, Arkansas, from "B" Residence and "E -1" Quiet Business District to "E -1-A" Nursing, Lodging and Undertaking District. The proposed rezoning had received the approval of the Planning Commission by a vote of 9 ayes, 0 noes, 2 absent. (See proposed Ordinance foT�low'ing) I i�] l� FEBRUARY 2Q, 1979, Cont'd. There was presented a proposed Ordinance,-described ast AN ORDINANCE RECLASSIFYING 5100 BLOCK OF "A" 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; CLots 1, 2, 3, 4, 5, 7, 15 $ 16, Block 7, Pfeifer's Addition) and the proposed Ordinance was read the first time. Mr. Scott Farrell, representing the Markham Inn, presented a model and explained the proposal for the expansion of the housing facilities only; advising that the Motel will not support a private club or restaurant. Mr, Farrell stated that the Plan will enhance the area which includes the adding of as large trees as possible, along Harrison and "A" Streets; and that the alley will remain open. Ms. Mary Powell, a resident at 5109 "A" Street was present to oppose the rezoning. Three or four property owners in the area were also present. Ms. Powell stated that she has problems with the question, "who is Markham Inn ?" In regard to expansion facilities, she said the Motel is never filled and, they are making a clean sweep to correct abuses over the years. Upon question by Director Hubbell, Mr. Farrell stated that a neighborhood meeting was held, for which the model was prepared adding, "it was not the intent to walk over citizens," Mr. Farrell further advised that a sewer problem had been corrected. In answer to a question from Director Shackelford regarding the letter to cooperate with Ms. Powell, Mr. Farrell advised that "what they said they would do, they did.' There was no further discussion and the Ordinance remained on the calendar for second reading. Zoning Petition No. Z -3303 was next presented from George M. Wells for Gary Pittman, requesting the reclassification of 1911 West 10th Street in the City of Little Rock, - described as the West 50 feet of Lots 10, 11 $ 12, Block 14, Marshall and Wolfe's Addition, from "C" Two - family District to "E -1" Quiet Business 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. 13,601 below) Ordinance No. 13,601 was presented, with the title being: AN ORDINANCE RECLASSIFYING 1911 W. 10TH 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 Hubbell, which was seconded by Mayor 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion by Mayor Keith for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Hubbell, 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; with the outcome being a third and last reading of the Ordinance. There was an Aye and No Vote then taken on the ques Shall the Ordinance Pass, resulting in the following vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell-and Jones - total 7; Noes - None; Absent - None. The Ordi- nance was declared PASSED. An Appeal of the Planning Commission's denial on January 30, 1979 of Zoning Petition No. Z -3296, submitted by Attorney David Henry for the Little Rock Quarry Company, Inc, requesting the rezoning of property at Granite Mountain (see petition for lengthy legal description), from "A" One- family District to "K" Industrial District, was presented for consideration at this time. A motion was then made by Director Langston, 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 Wednesday, March 7, 1979 at 7:30 o'clock P. M. a FEBRUARY 20l 1979, Cont'd, Introduced at this time was Ordinance No, 13,602, 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; , (9305 Rodney Parham Road r Court Order dated January 19, 19791 with the Ordinance being read the first time, followed by a motion from Director Mehlburger 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 Directorsrelect; 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 Mehlburger, 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 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 Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones total 7; Noes r Nones Absent None' The Ordinance was therefore, declared PASSED, Zoning Petition No. Zr3297 was presented from Treasure Hills Partnership, K. R. Clinton, et al, ' by E. Ralph Cotham, IV, Agent, requesting the reclassification of 9305 Rodney Parham Road (long legal',,- description).from "A" One - family District to "F" Commercial District, as approved by the Planning Commission. There were no persons present to speak in opposition to the Petition and the Ordinance to reclassify the above described property was placed on first reading. (See Ordinance No. 13,603 which follows) There was presented Ordinance No. 13,603, described as: AN ORDINANCE RECLASSIFYING THE 9500 BLOCK OF 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; with there being a first reading of the Ordinance. There was a motion at this time from Director Hubbell, 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 seven in number and two - thirds or more of the members of the Board of Directorsr 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 Shackelford 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. 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Ordinance No_ 13,604 was presented, entitled: 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; (5!j Acres on east side of I -430 at Kanis Road - Court Order dated January 19, 1979) and said Ordinance was read the first time. There was a motion which followed from Director Mehlburger, 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 seven in number and two- II , thirds or more of the members of the Board of Directorsr elect, There was a second reading of the Ordi- nance, after which there was a subsequent motion by Director Mehlburger, 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 seven in number and two thirds or more of the memb ./ AF FEBRUARY< 20j 11919 Cont t d, of the Board of Directors - elect, and the Ordinance was then read the third and last time. An Aye and II 11J No Vote was taken on the passage of the Ordinance, and the resulting vote is recorded as follows: Ayes - ' Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None, The Emergency Section contained in Section 2 of the foregoing Ordinance was then read and adopted it by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None, It was therefore, declared that the �V Ordinance, together with the Emergency Section had been PASSED. The next pr e sentatio n was Ordinanc e No. 13,605, containing t h e following tit le: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, 11 AND MAKING SAME A PART OF THE CITY OF LITTLE ROCK AND ASSIGNING SAME TO WARDS; (169.34 acres on Blount Road to Hindman Park , Court Order dated January 19, 19791 and after a first reading of the Ordinance, there was a motion from Director Mehlburger, seconded by I I Director Jones, 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 orll 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 Jones and Mehlburger, respectively, for ii a further suspension of the rules to provide for the third and final reading of the Ordinance; which �I motion was adopted by unanimous vote of the Board Members present, being seven in number and two- thirds 1' 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 - Mayor Keith Directors Langston, Mehlburger, Bussey, Shackelford Hubbell and Jones - total 7, ' Noes , None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next Ordinance to be considered was No. 13,606, with the title being: AN ORDINANCE AMENDING SECTION 21 -13.1 OF THE LITTLE ROCK CODE OF ORDINANCES; DECLARING AN III {1 EMERGENCY; AND FOR OTHER PURPOSES; (Re: Bond & Stock Brokers and Salesmen) which Ordinance was read the first time. A brief discussion followed in which Director Jones made a .I motion to amend the Ordinance as follows: "Bond & Stock Salesmen - Who are not members of the firm I and do not directly share in the profits � $75.00." The motion was seconded by Director Langston �I and submitted to the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A subsequent motion was made by Director Shackelford that the rules be suspended and the Ordinance, as amended, be placed III on second reading. The motion was seconded by Director Hubbell, 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- M elect. There was a second reading of the Ordinance, as amended, followed by a motion from Director Jones, seconded by Director Shackelford, 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 Directors- Ordinance,' seven in number and two - thirds or more of the members of the Board of elect; and the as amended, was then read the third and last time. The question of the passage of the Ordinance was j, at this time submitted to an Aye and No Vote, which resulted as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Section, being Section 2 of the foregoing Ordinance was read and adopted by the following roll call vote.: Ayes , Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was therefore, announced that the Ordi- nance, as amended, together with the Emergency Section had PASSED, ii Ordinance No. 13,607 was presented described as: 4' ft II e1 FEBRUARY 20; 19741 Cont1d. i AN ORDINANCE AMENDING IN PART ORDINANCE 112,856, AS AMENDED, PERTAINING TO EMPLOYMENT, SALARY, I AUTHORITY, DUTIES AND RESPONSIBILITIES OF CARLETON E, McMULLIN, AS CITY MANAGER; AND FOR OTHER III PURPOSES; Salary Increase) (Re: i'I with there being a first reading of the Ordinance, followed by a motion from Director Shackelford, seconded by Director Jones, 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 seven in number and two-thirds or more of the members of the Board of Directorsrelect; and a second reading iof the Ordinance 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 Jones, seconded by Director Shackelford, 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 third and last reading of the Ordinance, resulting in an Aye and No Vote being taken on the question, 'I Shall the Ordinance Pass, and the vote is herein recorded as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes None; Absent - None. The Ordinance was then declared PASSED. f Ordinance No. 13,608 was introduced with the following heading: , AN:- ORDINANCE APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR PROBATION 19 G COORDINATOR; AUTHORIZING THE CITY - MANAGER TO MAKE APPLICATION FOR LEAA FUNDS TO BE USED FOR THIRD YEAR FUNDING FOR SALARY FOR THE PROBATION COORDINATOR ASSIGNED TO THE CRIMINAL DIVISION OF THE LITTLE I ROCK MUNICIPAL COURT;:-, and there was a first reading of the Ordinance. A motion was then made by Director Hubbell, which was seconded by Director Jones, that the rules be suspended and the Ordinance be placed on second reading; Iwith 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 sub- sequently read the second time, resulting in a motion again made by Director Hubbell for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Jones, 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; with the outcome being a third and last reading of the Ordinance. There was an Aye and No Vote taken on the E question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A proposed Ordinance was presented, described as: AN ORDINANCE AMENDING ORDINANCE NO. 13,492; AND FOR OTHER PURPOSES; (Re: Burglar Alarm Ordinance) iiand the Ordinance was read the third and last time, having been read the first .and second times on j February 6, 1979. The reinstatement of the fee for false alarms was briefly discussed, followed by an V Aye and No Vote on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - i Directors Langston, Bussey and Jones - total 3; Noes - Mayor Keith, Directors Mehlburger and Shackel- ford - total 3; Abstaining - Director Hubbell - total 1; Absent - None. It was announced that the Ordinance had FAILED. it Resolution No. 6,100 was considered next and entitled: A RESOLUTION TRANSFERRING RESPONSIBILITY FOR THE LITTLE ROCK PUBLIC DEFENDER'S OFFICE TO PULASKI ' COUNTY; AND FOR OTHER PURPOSES; M (Annual cost not to exceed $17,500.00) and there was a complete reading of the Resolution. Mr. Phil Duncan, Little Rock Public Defender was present and requested that the Board delay action on the Resolution until House Bill #352 in the 1 FEBRUARY 20 1974 Conttd, I General Assembly is dispensed with. Director Langston explained that the County had agreed to take this office for $17,500.00 annually, and he felt that',this would financially benefit the City of Little j� I Rock, and better serve the indigents. Director Shackelford questioned the urgency for the adoption of the Resolution. A motion followed from Director Jones, seconded by Director Langston, which resulted in the adoption of the Resolution by the following Aye and No Vote: Ayes r Mayor Keith, Directors Langston, Mehlburger, Bussey, Hubbell and Jones r total 6; Noes - Director Shackelford , total 1; jll Absent r None. A proposed Resolution was considered, entitledt II C i A RESOLUTION IN SUPPORT OF A PROPOSAL TO AMEND STATE LAW TO ENABLE CITY MANAGER CITIES TO PROVIDE FOR THE POPULAR ELECTION OF A MAYOR; AND FOR OTHER PURPOSES; i; with the Resolution read in its entirety, having been postponed at the January 16, 1979 Board of Meeting. A motion by Director Jones, seconded by Director Mehlburger, resulted in a roll uDirectors call vote with the results recorded as follows: Ayes - Directors Mehlburger, Hubbell and Jones - total 3; Noes - Mayor Keith, Langston, Bussey and Shackelford r total 4; Absent , None. The Resolution therefore, FAILED to be adopted. The following proposed Resolution was presented, with the title being: A RESOLUTION IN SUPPORT OF A PROPOSAL TO AMEND STATE LAW TO ENABLE CITY MANAGER CITIES TO PROVIDE FOR THE ELECTION OF DIRECTORS FROM WARDS; AND FOR OTHER PURPOSES; and the Resolution was read in full. There was no motion and second for the adoption of the Resolution, therefore, the proposal FAILED. Next to be .presented was a proposed Resolution with the following caption: A RESOLUTION IN SUPPORT OF A PROPOSAL TO AMEND STATE LAW TO PROVIDE FOR COMPENSATION FOR DIRECTORS; li AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. With there being no motion and second for the 1 adoption of the Resolution, the proposal FAILED to be adopted. III There was another proposed Resolution presented, described as: A RESOLUTION IN SUPPORT OF A PROPOSAL TO AMEND STATE LAW TO ENABLE CITY MANAGER CITIES TO PROVIDE i FOR THE ELECTION OF DIRECTORS FROM WARDS, POPULAR ELECTION OF THE MAYOR, AND COMPENSATION FOR DIRECTORS II it AND THE MAYOR; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was no motion and second for the adoption of the Resolution, therefore, the matter FAILED. Ordinance No. 13,609 was presented, containing the following title: AN ORDINANCE AMENDING LITTLE ROCK CODE OF ORDINANCES SECTION 39 -IOS TO INCREASE PARKING FINES; .i AND FOR OTHER PURPOSES; V with there being a first reading of the Ordinance, followed by a motion from Director Jones, seconded II by Director Shackelford, that the rules be suspended and the Ordinance be placed on second reading. The II motion was adopted by a vote of 6 ayes and Director Bussey voting "No ", being two - thirds or more of the members of the Board of Directors - elect; and a second readin g of the Ordinance ensued. A motion was II then made for a further suspension of the rules to provide for the third and final reading of the jl I Ordinance at this time; with the motion being made by Director Jones, again seconded by Director Shackel`iI I ford, and adopted by a voice vote of 6 ayes with Director Bussey voting "No ", being 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 r Mayor Keith, Directors Mehlburger, Shackelford, Hubbell and Jones - I l total S; Noes r Directors Langston and Bussey , total 2; Absent r None. The Ordinance was declared 11i PASSED. There was presented Ordinance No. 13,610, entitled: r:' III l� ", ✓ _ FEBRUARY 20,'19-79, Cont!d. AN ORDINANCE GRANTING MCLARTY LEASING AND TRANSPORTATION COMPANY AN OPTION TO PURCHASE CERTAIN CITY, .OWNED PROPERTY; (Lots 1, 2, 3, 10., 11 and 12, Pope's Addition $65,201.SO.1 and there was a first reading of the Ordinance. City Manager Carleton E. McMullin explained to the Board of Directors that this was the only bid that was received suitable to City Staff. A motion was then made by Director Jones, which was seconded by Director Hubbell, 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 seven in number and two - thirds or more of the members of the Board of Directorsrelect. The Ordinance was subsequently read the second time, resulting in a motion by Director Bussey for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Jones, 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; 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 Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - Mayor Keith total 1; Absent T None. Therefore, the Ordinance was declared PASSED. -- ----A- proposed Resolution was presented, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR TAXICAB SERVICE; AND FOR OTHER PURPOSES; (For independent taxicab service) and the Resolution was read in full. A general discussion ensued in which Directors Mehlburger and Bussey were opposed to the Resolution. Director Shackelford favored more discussion, while Director Hubbell suggested the drafting of an Ordinance containing a firm proposal and expressed the opinion that the proposed Resolution was not the answer. Director Jones favored placing the matter of taxicab service in the hands of a regulatory agency. Director Langston felt the Board of Directors should delegate this matter to some Board adding, "I am for this, but need to look into it further." Director Mehlburger suggested that legislation b&-proposed, making it permissive for cities to turn this over to a Board or Transit Policy Board. City Manager Carleton E. McMullin was requested tor�bbtain information from other cities and prepare an Ordinance on independent taxicabs. There was no motion and second made for the adoption of the Resolution therefore, the matter FAILED. The last Resolution to be considered was No. 6,ibl, entitled: A RESOLUTION URGING GOVERNOR BILL CLINTON TO SIGN SENATE BILL 139 TO INCREASE FUNDS FOR POLICE PENSION FUNDS; and the Resolution was read in its entirety. A motion was then made by Director Langston, seconded by Director Bussey, which resulted in adoption of the Resolution by the following roll call vote: Ayes Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Under "Citizen Communications" Mr. Lee Adams, a member of,and representing ACORN, addressed the Board relative to condemned houses. He stated that these houses are hide -outs for drunks, drug addicts and burglars and something needs to be done. He advised that the group he represents has some ideas on improving the situation and would like to meet with the Board prior to the next Agenda Meeting. City Manager Carleton E. McMullin suggested that Mr. Adams' group work with the Staff and discuss the responsibility for the enforcement of this Ordinance, and that Staff proceed with the 9th Street Project.11l , VZ 1 IJ FEBRUARY 20. 1974 Cont�d. As there was no ,further business to be presented or to come before the Board of Directors, upon motion of Director Hubbell, seconded by Director Langston, and by unanimous vote of the members of the Board of Directors present, the meeting was adjourned at 11:00 o'clock P. M. to meet again in regular session on Wednesday, March 7, 1979 at 7;30 o'clock P. M. instead of Tuesday, March 6, 1979, due to the fact that the Board of Directors will be in Washington, D. C. attending the National League of Cities Meeting. ATTEST: APPROVED; G ^If.� City Clerk A. M. "Sandy" Keith, Mayor i 82 Board of Directors Chamber Little Rock, Arkansas March 7, 1979 � 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Keith presiding.and Jane Czech, City Clerk, and the following Directors present; Directors Langston, Mehlburger, Bussey,.Shackelford, Hubbell and Jones � total 6; Absent r None. It was announced that a quorum was in attendance, and the meeting therefore proceeded as herein described: The Invocation was given by Director Shackelford. The first presentation was.the Consent Agenda,'consisting of the following items:. (a) The reading of the Minutes of the previous meeting held February 20, 1979. (b) The 1978 Annual Audit Report of the City of Little Rock. (c) The 1978 Little Rock Regional Airport Financial Statement. (d) The Report on Building Code Enforcement of Buildings along 9th Street. - (e) Resolution No. 6,102, entitled; A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO ANNUAL CONTRACTS FOR ASPHALTIC MATERIALS; FOR GUARD RAILS AND BRIDGE DECK UNITS; FOR CONCRETE AND METAL PIPES; FOR USE OF SKATING & BOWLING FACILITIES FOR THE SUMMER PLAYGROUND PROGRAM; FOR GLASS REPAIR AND REPLACEMENT. By a motion from Director Shackelford, seconded by Director Mehlburger, 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 February 20, 1979 were approved as written and summarized to the members of the Board of Directors; (b) The 1978 Audit Report of the City of Little Rock was received and filed; (c) The 1978 Financial Statement of the Little Rock Regional Airport was received and filed; (d) The Report on Building Code Enforcement of Buildings located on 9th Street was received and filed; and (e) Resolution No. 6,102 was read in full and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A Public Hearing had been scheduled for this time and place to hear arguments pertaining to the Appeal requested by Attorney David P. Henry, for the Little Rock Quarry Company, Inc. of the Planning Commission's denial on January 30, 1979 of Petition No. Z -3298, to rezone property at Granite Mountain (see petition for lengthy legal description), from "A" One-family District to "K" Industrial District. Mayor Keith 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. David P. Henry, Attorney for the applicant was the first to speak. He explained the proposal for mining in the 100 acres west and southwest of Granite Mountain. He told the Board that blasting is heavily regulated and that guidelines are set for this type of operation. A large delegation of residents in the area was present in opposition. Mr. Bill George, Executive Director of the Little Rock Housing Authority stated that the streets and quality of life would be damaged, the proposal would be hazardous to children; and, that a change of zoning in the area would present a blighting effect. Other speakers opposed to the zoning were Mr. Charles Springer, Mr. Grover C. Richardson and Mrs. Hazel Bogard, President of the NAACP. With no further discussion, Mayor Keith declared the Public Hearing closed and a proposed Ordinance to reclassify the subject property was placed on first reading. (See proposed Ordinance as follows) MARCH 7, 1979, Cont'd. Presented at this time was a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING LANDS LYING ON GRANITE MOUNTAIN IN THE CITY OF LITTLE ROCK, ARKANSAS, ' II� 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 Hubbell, seconded by Director Bussey 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 being seven in number and two - thirds or more of the members of the Board of Directors- elect.._The second reading of the Ordinance ensued and a subsequent motion was then made by Director Shackelford, seconded by Director Jones, 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 follow- ing response: Ayes - None; Noes - Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Abstaining - Mayor Keith - total 1; Absent - None. It was announced that the Ordi- AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT APPLICATION PURSUANT TO SECTION 48.42 OF ORDINANCE #13,340 VARIOUS - PARCELS OF LAND LOCATED IN THE CITY OF LITTLE ROCK; (Z -3295 - Property at the S/W Corner of Highway 10 and Rodney Parham-Road, from "A" One - family District to "PlannedCCommercial District ") and the Ordinance was read the second time; having been read the first time on February 20, 1979. Again Mr. Philip Kaplan, Attorney for McKay & Company presented the rezoning request. He stated that the "Highway 10 Plan" has been approved; and, that the Woodland Square Development Plan is in conformance with that Plan, adding, "the plan is the best ever developed at Little Rock and if it doesn't succeed, we'll never bring another one to you." Mr. George Wittenberg, one of the architects for the project, said that the Highway #10 Plan is a good one and that he supports the concept. Several persons express opposition to the rezoning, the first speaker being Mr. Charles Maynard, representing Christ the King Church, who again cited traffic problems and no need for additional commercial facilities. Dr. William L. Casey, President of Pleasant Valley Property Owners Association, told the Board this zoning would create additional traffic problems and that the pre- existing areas of Pleasant Valley, Pleasant Forest and Walton Heights needs consideration. Attorney David P. Henry, a resident in opposition, presented a Land Use Map of the surrounding area. Mr. Dennis Gilman, residing in Pleasant Valley, expressed belief that approval of this Plan would increase flooding on Grassy Flat Creek. Upon question by Director Jones, Mr. Henry said this would create strip zoning on Highway #10 and felt this was not a quality development. 'After discussion, there was a motion from Director Jones, seconded by Director Shackelford, to "refer this matter back to the Planning Commission." The motion was ADOPTED by unanim voice vote of the members of the Board of Directors present therefore, the matter was referred back to the Planning Commission. Ordinance No. 13,611 was presented, with the title being: AN ORDINANCE RECLASSIFYING 5100 BLOCK OF "A" 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; (Z -3301 - Markham Inn expansion - from "B" Residence District and "E -1" Quiet Business District to ' "E-1,-A" Nursing, Lodging and Undertaking District) and the Ordinance was read the second time, having been read the first time on February 20, 1979. Mr. Scott Farrell, representing Markham Inn, Inc., presented a model of the proposed expansion of 68 new motel rooms, which includes relocation of existing entrance and the planting of as large trees as possible along "A" Street. Ms. Mary Arline Powell, a property owner on "A" Street was the only person nance had FAILED TO PASS. Introduced at this time was a proposed Ordinance, described as: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT APPLICATION PURSUANT TO SECTION 48.42 OF ORDINANCE #13,340 VARIOUS - PARCELS OF LAND LOCATED IN THE CITY OF LITTLE ROCK; (Z -3295 - Property at the S/W Corner of Highway 10 and Rodney Parham-Road, from "A" One - family District to "PlannedCCommercial District ") and the Ordinance was read the second time; having been read the first time on February 20, 1979. Again Mr. Philip Kaplan, Attorney for McKay & Company presented the rezoning request. He stated that the "Highway 10 Plan" has been approved; and, that the Woodland Square Development Plan is in conformance with that Plan, adding, "the plan is the best ever developed at Little Rock and if it doesn't succeed, we'll never bring another one to you." Mr. George Wittenberg, one of the architects for the project, said that the Highway #10 Plan is a good one and that he supports the concept. Several persons express opposition to the rezoning, the first speaker being Mr. Charles Maynard, representing Christ the King Church, who again cited traffic problems and no need for additional commercial facilities. Dr. William L. Casey, President of Pleasant Valley Property Owners Association, told the Board this zoning would create additional traffic problems and that the pre- existing areas of Pleasant Valley, Pleasant Forest and Walton Heights needs consideration. Attorney David P. Henry, a resident in opposition, presented a Land Use Map of the surrounding area. Mr. Dennis Gilman, residing in Pleasant Valley, expressed belief that approval of this Plan would increase flooding on Grassy Flat Creek. Upon question by Director Jones, Mr. Henry said this would create strip zoning on Highway #10 and felt this was not a quality development. 'After discussion, there was a motion from Director Jones, seconded by Director Shackelford, to "refer this matter back to the Planning Commission." The motion was ADOPTED by unanim voice vote of the members of the Board of Directors present therefore, the matter was referred back to the Planning Commission. Ordinance No. 13,611 was presented, with the title being: AN ORDINANCE RECLASSIFYING 5100 BLOCK OF "A" 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; (Z -3301 - Markham Inn expansion - from "B" Residence District and "E -1" Quiet Business District to ' "E-1,-A" Nursing, Lodging and Undertaking District) and the Ordinance was read the second time, having been read the first time on February 20, 1979. Mr. Scott Farrell, representing Markham Inn, Inc., presented a model of the proposed expansion of 68 new motel rooms, which includes relocation of existing entrance and the planting of as large trees as possible along "A" Street. Ms. Mary Arline Powell, a property owner on "A" Street was the only person �H MARCH 7, 1979, Cont'd. present in opposition to the expansion project, and voiced the objections stated on February 20th. A motion followed from Director Hubbell, seconded by Director Bussey, that the rules be suspended and the Ordinance be placed 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; and there was a third and last reading of the Ordinance. An Aye and No Vote was then taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Y y Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. i Presented next was Ordinance No. 13,612, containing the following title: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A -TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND ARKTIC ICE, INC., AS LESSEE; AUTHORIZING THE SALE OF THE BONDS AND THE EXECUTION OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; and said Ordinance was read the first time. There was a motion which followed from Director Bussey, seconded by Director Mehlburger, 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 Bussey, 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 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 recorded as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; ij Noess- None; Absent - None. The Emergency Section contained in Section 12 of the foregoing Ordinance was then read and adopted iby the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None.- It was therefore declared that the Ordinance, together with the Emergency Section, had been PASSED. A Public Hearing had been scheduled for this time and place on the proposed Landscape Ordinance for the City of Little Rock. Mayor Keith declared the Public Hearing open and Mr. Maurice Lewis and Ms. Mary Dee Terry of the Pulaski County Hospitality Association expressed concern for screen planting requirements that would provide shadows around restaurants and food establishments,for; criminals. They recommended that premises be highly visible and upon question by Director Langston, Ms. Terry suggested a change in the Ordinance to provide for plantings less than eighteen inches tall and delete plants three to four feet high. Director - Shackelford advised that the Ordinance might have some flexibility i whereby it could be amended. Mr. Bruce Blackall representing the Home Builders Association told the Board of Directors that it still appears that the multi - family requirements will have some effect on V Y the housing industry. They have questions on the scope; who will be enforcing the ordinance; will there be a fee for the permit; if so, what will it be; and, will appeals be to the City Beautiful Commission? Mr. Blackall requested consideration be given to the removal of this from the housing industry. Mrs. Jo Kimmins of 1600 North University Avenue spoke strongly in support of the Ordinance and urged the Board of Directors to vote in favor of it. Mayor Keith declared the Public Hearing closed and announced that i the proposed Ordinance would be considered at a later date. I A brief discussion ensued regarding amendments to the "Handicap Barrier Removals" Ordinance. Mr. Delbert Lewis made the only comments stating that he concurs with Mr. Roy Beard of the Department of Community Services in that no hasty action should be taken. This matter had not been placed on the i t F MARCH 7. 1979, Cont'd. Agenda and there was no further discussion. A proposed Resolution was next presented with the following title: A RESOLUTION URGING THE PULASKI COUNTY DELEGATION TO SUPPORT SENATE BILL 555; (Regarding election of Directors in City Manager Cities in Counties of 200,000 population or more) and there was a complete reading of the Resolution. Director Bussey advised that he is 100% for the form of government that we now have, and that all this Bill would do is give this Board of Directors and the citizens of this community, some say in how we want to re- establish our government. He stated that it is a good Bill, but that he is opposed to the salary provision included in it. Director Hubbell expressed opposition to the Bill in what he believes is in the best interest of the people of Little Rock. Director Langston strongly urged the Board Members to vote against the matter. Director Shackel- ford supported the issue in terms of getting the matter on the floor. There was no further discussion and a motion followed from Director Bussey, seconded by Director Shackelford, that the Resolution be adopted, A roll call was taken and the results are recorded as follows: Ayes - Directors Bussey and Shackelford - total 2; Noes - Mayor Keith, Directors Langston, Mehlburger, Hubbell and Jones - total 5; Absent , None. Next presented was Resolution No. 6,103, entitled: A RESOLUTION URGING THE PULASKI COUNTY DELEGATION TO SUPPORT AN ACT TO AMEND SUBSECTIONS (a) AND (b) OF SECTION 5, ACT,39, ACTS OF ARKANSAS OF 1965 (1ST EXTRAORDINARY SESSION), AS AMENDED; AND FOR OTHER PURPOSES; (Regarding the use of Street Funds for Transportation System) and after a full reading of the Resolution, there was a motion by Director Mehlburger that the Reso- lution be adopted. The motion was seconded by Director Bussey and the Resolution was adopted by the following roll call vote: Ayes - Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - Mayor Keith - total 1; Absent - None. The last matter to be considered was Ordinance No. 13,613, described as: AN ORDINANCE REPEALING SECTIONS 23 -2.6, 23 -2.7 and 23 -2.8 OF THE LITTLE ROCK CODE OF ORDINANCES; AND AMENDING 23 -1, 23 -2, AND 23 -2.9 OF THE LITTLE ROCK CODE OF ORDINANCES; AND DECLARING AN EMERGENCY; (Pertaining to Taxicab Service - The Ordinance allows the issuance of a certificate of public convenience for a period not to exceed one year) with the Ordinance being read the first time. Several persons were.present to speak both for and against the proposed Ordinance. Those speaking on behalf of the proposal contended it would provide better service for the citizens and that additional cabs are needed. Others speaking against the ordinance cited damage to existing taxicab companies and increase of competition for current drivers. Spokesmen for, Dixie Cab •Company and Black $ White Cab Company urged referral to Metroplan and asked that the certificates of existing companies not be disturbed. After discussion, Director Hubbell made a motion that the ordinance be amended as follows: "That Section 3, I (b) (6) be amended as follows: 'The City Manager shall make recommendations to the Little Rock Board of Directors on the granting, period of time, denial, suspension, revocation or other matters after a hearing on the certificate. The City Board of Directors shall make the final determination on any recommendations from the City Manager. That Section 31 III (a) be amended to read: Every person operating any taxicab within the City shall either maintain a fixed place of business or location, to be approved by the City Manager, and except when carrying passengers, answering calls, going to and from officially designated taxicab stands, or attending to lawful business of the owner other than the carrying of passengers for hire, every taxicab shall be kept off the streets of the City; provided, that they may occupy officially designated taxicab stands as provided under this ordinance; or, if the owner does not have a fixed business location, he or she shall be required to maintain a mobile phone in the vehicle. In addition such person must use his or her home address as their place of business for service of process and other legal matters. And that a Section be added as follows: Section 7. Every person, firm or corporation now licensed to operate and operating taxicabs in the City of Little Rock under a certificate of convenience shall be entitled to continue such operation until March 1, 1980, but only for that number of taxicabs for which permits have been paid to the City Collector as of March 7, 1979. Such persons, firms or corporations are subject to all other provisions of this Ordinance'." 86 I MARCH 7, 19 79., Cent Id. I j I The motion was seconded by Director Jones and submitted to the following roll call vote: Ayes Mayor Keith, Directors Langston, Shackelford, Hubbell and Jones total 5; Noes - Directors Mehlburger and Bussey - itotal 2; Absent None. The motion was therefore, ADOPTED. At this point, Director Langston made a subsequent motion to amend Section 3. (e) to include, "This section does not apply to any company that qualifies as a self- insurer under the provisions of Arkansas Statute Annotated Section 75- 1488." i The motion was seconded by Mayor Keith, who called-for a roll call vote on the motion, which received i the following response: Ayes - Mayor Keith, Directors Langston, Shackelford, Hubbell and Jones - total S; "Noes _ Directors Mehlburger and Bussey - total 2; Absent - None.ThTheomotion was ADOPTED and Director Langston made another motion, seconded by Director Shackelford, that the rules be suspended and the Ordi- nance, as amended, be placed on second reading. A roll call was taken on the motion and recorded as follows: Ayes - Mayor Keith, Directors Langston, Shackelford, Hubbell and Jones - total 5; Noes - Directors Mehlburger and Bussey - total 2; Absent - None. The Ordinance, as .amended, was therefore read the second time with a motion again being made by Director Langston and seconded by Director Hubbell, to suspend the rules and place the Ordinance, as amended, on third and final reading. A roll call was taken on the motion which was adopted by the following roll call vote: Ayes - Mayor Keith, I I Directors Langston, Shackelford, Hubbell and Jones - total 5; Noes - Directors Mehlburger and Bussey - i total 2; Absent - None. The Ordinance, as amended, was read the third and last time. The question of, Shall the Ordinance Pass, was submitted to an Aye and No Vote with the following results: Ayes - Mayor I{ Keith, Directors Langston, Shackelford, Hubbell and Jones - total 5; Noes - Directors Mehlburger and I Bussey , total 2; Absent - None. • i The Emergency Clause contained in Section 8 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Shackelford, Hubbell and Jones - i total S; Noes - Directors Mehlburger and Bussey - total 2; Absent - None. It was then announced that the Ordinance, as amended, together with.the Emergency Section had been PASSED. With there being no further business to be presented or to come before the Board of Directors, upon motion of Director Hubbell, seconded by Director Bussey, and unanimously adopted by the Board Members present, the meeting was recessed at 10:15 o'clock P. M. and will be reconvened at 8:30 A. M. on Wednesday, March 14, 1979, for the purpose of discussing appointments to Boards and Commissions in Executive Session. ATTEST: APPROVED: City Clerk Mayor ;I I { 1 I I VIII I A Board of Directors Chamber Little Rock, Arkansas March 14, 1979 - 8:30 A. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from March 7, 1979, to recess to Executive Session, for the purpose of discussing appointments to various Boards and Commissions, with Mayor Keith presiding and Jane Czech, City Clerk, with the following Directors present: Directors Mehlburger, Hubbell and Jones - total 3; Absent - Directors Langston, Bussey and Shackelford - total 3. It was announced by Mayor Keith that a quorum was present, and a motion followed from Director Hubbell, seconded by Director Jones, to recess to Executive Session. The Motion was adopted by unanimous voice vote of the Board Members present. At 9:45 o'clock A. M. the Board of Directors reconvened from Executive Session with Mayor Keith A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Library Board - Reappointing Ralph Patterson and Mrs. Raymond P. Miller; Housing Board of Adjustment - Reappointing Mrs. Laura Beasmore, James Robinson, Jr., Bishop L. T. Walker, and appointing Betty Turner Manpower Area Planning Council - Reappointing Cleo Johnson and appointing Richard T. Dietrich; City Beautiful Commission - Judy Green; and employing Jack Frost & Company as auditor for a period of one year) with the Resolution being read in full. There was a motion by Director Mehlburger that the Resolution be adopted. The motion was seconded by Director Shackelford and the Resolution was adopted by the following roll call vote: Ayes - Mayor Keith, Directors Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Langston - total 1. Mr. Frank H. Price, District Superintendent of Greyhound Lines at Dallas, was introduced. He presented exhibits of a proposed route by Greyhound, from Memphis, Tennessee to Little Rock, and Texarkana, Texas, and requested the Board of Directors to adopt a Resolution urging the Interstate Commerce Commission to grant the application. Mr. Price was advised that the Resolution would be placed on the Agenda for the Board's official March 20th meeting. A brief discussion was held regarding an amendment to the Building Code to provide an additional exception to the provisions for the handicapped. The matter was then placed on the Official Agenda for the March 20th regular meeting, and there was no further discussion. The last consideration was Resolution No. 6,105, containing the following title: A RESOLUTION AUTHORIZING JOE KEMP TO NEGOTIATE A SETTLEMENT INCLUDING LEGAL FEES IN THE JANET PULLIAM CASE NOT TO EXCEED $20,000.00; and after a full reading of the Resolution, there was a motion by Director Hubbell, seconded by Bussey, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein described: Ayes - Mayor Keith, Directors Mehlburger, Bussey, Hubbell and Jones - total S; Noes - Director Shackelford - total 1; Absent - Director Langston - total 1. presiding and Jane Czech, City Clerk, and the following Directors present: Directors Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 5; Absent - Director Langston - total 1. With the announcement of the presence of a quorum, the following Resolution, No. 6,104, was presented with the title being: A RESOLUTION MAKING APPOINTMENTS; AND FOR OTHER PURPOSES; (Library Board - Reappointing Ralph Patterson and Mrs. Raymond P. Miller; Housing Board of Adjustment - Reappointing Mrs. Laura Beasmore, James Robinson, Jr., Bishop L. T. Walker, and appointing Betty Turner Manpower Area Planning Council - Reappointing Cleo Johnson and appointing Richard T. Dietrich; City Beautiful Commission - Judy Green; and employing Jack Frost & Company as auditor for a period of one year) with the Resolution being read in full. There was a motion by Director Mehlburger that the Resolution be adopted. The motion was seconded by Director Shackelford and the Resolution was adopted by the following roll call vote: Ayes - Mayor Keith, Directors Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Langston - total 1. Mr. Frank H. Price, District Superintendent of Greyhound Lines at Dallas, was introduced. He presented exhibits of a proposed route by Greyhound, from Memphis, Tennessee to Little Rock, and Texarkana, Texas, and requested the Board of Directors to adopt a Resolution urging the Interstate Commerce Commission to grant the application. Mr. Price was advised that the Resolution would be placed on the Agenda for the Board's official March 20th meeting. A brief discussion was held regarding an amendment to the Building Code to provide an additional exception to the provisions for the handicapped. The matter was then placed on the Official Agenda for the March 20th regular meeting, and there was no further discussion. The last consideration was Resolution No. 6,105, containing the following title: A RESOLUTION AUTHORIZING JOE KEMP TO NEGOTIATE A SETTLEMENT INCLUDING LEGAL FEES IN THE JANET PULLIAM CASE NOT TO EXCEED $20,000.00; and after a full reading of the Resolution, there was a motion by Director Hubbell, seconded by Bussey, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein described: Ayes - Mayor Keith, Directors Mehlburger, Bussey, Hubbell and Jones - total S; Noes - Director Shackelford - total 1; Absent - Director Langston - total 1. 88II��� MARCH 14, 1979, Cont'd. As there was no further business to be presented or to come before the Board of Directors, upon +I motion of Director Hubbell, seconded by Director Jones, and unan imously adopted by the Board Members Ij present, the meeting was adjourned at 10:30 o'clock P. M. to meet again in regular session on Tuesday, , 1 March 20, 1979 at 7:30 o'clock P. M. `w IY� q ATTEST: ��/✓�' APPROVED: (/L( f City Clerk Mayor w I,I i ij II i+ i I .w �I II IP ill 1 , I i li I i I t I� - I I9 -- _ Board of Directors Chamber +IIH Little Rock, Arkansas I March 20, 1979 - 7:30 P. M. III, The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Keith presiding and Jane Czech, City Clerk, with the following Directors present: Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total S; Absent - Director Bussey - total 1.EI! A quorum was declared to be present, and the meeting then proceeded as herein recorded: The Invocation was given by Director Hubbell. The first presentation was the Consent Agenda, consisting of the following items: (a) The reading of the Minutes of the previous meeting held on March 7, 1979 and the I' ill 1 reconvened meeting held on March 14, 1979. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works Ih for the month of January, 1979. (c) Financial Statement of Central Arkansas Consortium for period 10 -1 -77 to 12- 31 -78. (d) Resolution No. 6,106, entitled: �I A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR THE PURCHASE OF OXYGEN, ACETYLENE, MEDICAL OXYGEN $ WELDING RODS; FOR III THE ANNUAL CONTRACT FOR TIRE CAPPING; FOR PHYSICAL IMPROVEMENTS FOR THE 4TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; FOR STREET FURNITURE FOR UNIVERSITY PARK; l AND FOR PLAYGROUND EQUIPMENT FOR UNIVERSITY PARK; AND FOR OTHER PURPOSES. �il (e) Resolution No. 6,107, with the title being: MI I1I A RESOLUTION URGING THE INTERSTATE COMMERCE COMMISSION TO GRANT THE APPLICATION 1i OF GREYHOUND LINES, INC. FOR THE AUTHORITY TO OPERATE A MOTOR BUS SERVICE BETWEEN III TEXARKANA, TEXAS AND LITTLE ROCK, ARKANSAS AND MEMPHIS, TENNESSEE.I By a motion from Director Hubbell, seconded by Director Jones, which was adopted by unanimous voice l vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes r of the previous meeting held on March 7, 1979 and the reconvened meeting held on March 14, 1979 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; .(cc) The Financial Statement of Central II�' 1+1 Arkansas Consortium for period 10 -1 -77 to 12 -31 -78 was received and filed; and (d $ e) Resolutions �h No. 6,106 and 6,107 were read in full and adopted by the following roll call vote: Ayes - Mayor Keith, III Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent Director Bussey - total 1. I�I� Members of the Little Rock Junior League were present to observe the meeting and were welcomed by Mayor Keith. The following Zoning Petitions, as approved by the Planning Commission, were then presented for I I consideration by the Board of Directors: {I Z -3308 - Petition from Maury Mitchell for Six Roses, Inc. to rezone property on Asher Avenue II 111, between Janie and Anna Streets, from 'IF" Commercial, 'IBII Residence and 'ICI' Two- family Districts to j "I" Light Industrual District. I' ' Z -3309 - Petition from Charles A. Barnett to rezone the 6000 Block of Baseline Road, southwest corner of Geyer Springs Road, from "AI' One family District 'IF" Commercial Ili - to District. Staff recommend- ed approval. Z -3310 - Petition from Mary Ann Phillips for Mrs. Lester Austin, to rezone the southwest cornerI of Markham Street at I -430, from "A" One- family District to I'E -1'I Quiet Business District. i 119 I MARCH 20, 1979, Cont'd. As there was no opposition presented to the proposed reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,614, R k as follows) , I Ordinance No. 13,614 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; with there being a first reading of the Ordinance, followed by a motion from Director Hubbell, seconded by Director Shackelford, 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 III number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of y the Ordinance 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 Mehlburger, r seconded by Director Jones, 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 is 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 - Mayor Keith, Directors Langston, t I II - - Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes None; Absent - Director Bussey total 1. Whereupon, the Ordinance was declared PASSED. Director Bussey was enrolled. Zoning Petition No. Z -3312 - was next presented from Attorney Chris Barrier for Don Kirkpatrick, to rezone Lots 10, 11 F, 12, Block 2, Ruebel F, Leymer Addition, described as the NW corner of 33rd $ I�Polk Streets, from "B" Residence District to "I" Light Industrial District, as approved by the Planning i1 Commission. Mr. Barrier requested that a variance from the right -of -way procedure be approved as applied I to Polk Street. He stated that completion of improvements on Polk Street will make it more useful. it City Manager Carleton E. McMullin advised that the additional S ft, right -of -way is needed. Director Mehlburger then made a motion to grant the variance and not require the 5 ft. right -of -way. The motion I` died for lack of a second; there was no further discussion, and an Ordinance to reclassify this property was placed on first reading. (See Ordinance No. 13,615, below) i I There was presented Ordinance No. 13,615, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHWEST CORNER OF 33RD AND POLK STREETS IN I THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE I ROCK, ARKANSAS, AND FOR OTHER PURPOSES; I and there was a first reading of the Ordinance. A motion was then made by Director Hubbell, which was seconded by Director Jones, that the rules be suspended and the Ordinance be placed on second reading; 111 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 sub- itof sequently read the second time, resulting in a motion by Director Shackelford for a further suspension the rules to allow for the third and final reading of the Ordinance. The motion was seconded by i Director Mehlburger, 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; -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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordi- I II nance was.then declared - PASSED. 1 MARCH 20, 1979, Cont'd. Zoning Petition No. Z -3307 from Emmett Jones, was presented next containing a request for rezoning Lots 7 $ 8, Block 1, Jones $ Worthen Addition, located at 11th and Woodrow Streets, from "B" Residence District to "D" Apartment District. The proposed rezoning had received the approval of the Planning Commission. Mrs. Margaret McCraney, a resident of the area was present and voiced opposition to the rezoning of the property for apartments. She filed a petition, signed by property owners, opposing the proposed rezoning of 1020 South Woodrow Street. There was no further discussion and a proposed Ordinance was placed on first reading to rezone the above - described property. (See proposed Ordinance as follows) A proposed Ordinance was presented, described as: AN ORDINANCE RECLASSIFYING THE PROPERTY LYING AT 1020 S. WOODROW 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. A motion then followed from Director Mehlburger, seconded by Director Bussey, that the rules be suspended and the Ordinance be placed on second reading. A roll call vote was taken on the suspension of the rules with the results recorded as follows: Ayes - Directors Mehlburger and Bussey - total 2; Noes - Mayor Keith, Directors Shackelford, Hubbell and Jones - total 4; Abstaining - Director Langston - total 1; Absent - None. The motion having failed, the proposed Ordinance remained on the calendar for second reading. Zoning Petition No. Z -3294 was the next presentation. The applicant was Pleasant Ridge Develop- ment Company, who was represented by Attorney David Henry. The petitioner requested the rezoning of 51.21 acres (long legal description) on Highway 10 near Southridge Drive, from "A" One- family District to "MF -1211, "MF -18 ", 1'E -1" and "F" Districts. The rezoning proposal was approved by the Planning Commission with a vote of 8 Ayes, 1 No and 1 Abstention. A discussion was held regarding the Highway #10 Corridor Zoning Plan. Director Mehlburger requested that a review and hearings be held before any action is taken on proposals to rezone properties along Highway #10. The Board of Directors and Plannin Commission will be holding a work session on March 28th to discuss these applications for rezoning. Director Hubbell made a motion to "return this zoning matter to the Planning Commission awaiting the results of the Highway #10 Corridor Study." The motion was seconded by Director Jones, and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - Director Bussey - total 1.; Absent - None. Director Hubbell suggested that the Board of Directors address the issue as soon as possible. There was no further discussion and the matter was referred back to the Planning Commission. Resolution No. 6,108 was considered next. and entitled: RESOLUTION ELECTING ASSESSORS FOR WEST MARKHAM SEWER IMPROVEMENT DISTRICT NO. 146 OF LITTLE ROCK, ARKANSAS;. IIIIIII (Truman Nolen, Travis Bailey and Joe Harlan) IIIand there was•a complete reading of the Resolution. Filed in connection with the Resolution was a of the Commissioners of West Markham Sewer Improvement District No. 146 recommending the above - stated appointments. A motion was then made by Director Hubbell, seconded by Director Jones, which resulted in the adoption of the Resolution by the following Aye and No Vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. ResolutionsNoa.6,109 was presented, containing the following title: A RESOLUTION OF THE BOARD OF.DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS AUTHORIZING THE ENTRY INTO AN AGREEMENT TO ISSUE BONDS FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY WITHIN OR NEAR THE CITY; (Affiliated Foods) and after a full reading of the Resolution, there was a motion by Director Bussey that the Resolution be iMARCH 20, 1979, Cont'd. adopted. The motion was seconded by Director Shackelford and the Resolution was adopted by the follow - VI ing roll call vote: Ayes - Mayor Keith, Directors Langston, Bussey, Shackelford and Jones - total S; j I Noes - None; Abstaining - Directors Mehlburger and Hubbell - total 2; Absent - None. , Ordinance No. 13,616 was considered next, described as: AN ORDINANCE APPROPRIATING FUNDS FROM THE 1977 CAPITAL IMPROVEMENTS PROJECT FUND FOR MARKHAM STREET RECONSTRUCTION; DECLARING AN EMERGENCY; ($316,800 - From Ellis Drive to I -430) and said Ordinance was read the first time. There was a motion which followed from Director Jones, seconded by Director Mehlburger, to suspend the rules to provide for the second reading of the Ordinance, V I 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 Ordi- nance, after which there was a subsequent motion by Director Mehlburger, seconded by Director Shackel- ford,tto suspend the rules and place the Ordinance on its third and final reading. The motion was adopte I I . 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 recorded as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7;- Noes - None; Absent - None. The Emergency Section contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackel- i ford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was therefore declared that the. Ordinance, together with the Emergency Section, had been PASSED. The next matter to be presented was Ordinance No. 13,617, with the title being: j THIS ORDINANCE REPLACES ORDINANCE NO. 12,029 (FEBRUARY 19, 1968); REPLACES AND AMENDS ONLY SUB- SECTION (H)(b) EXCEPT THE FINAL TWO.SENTENCES IN (H)(b) OF SECTION 43:21 OF THE CODE OF ORDINANCES i (NOVEMBER 4, 1968); AND SUBSECTION (H)(f) OF SECTION 43.21 OF THE CODE OF ORDINANCES (MAY 17, 1971); AND SUBSECTION (H)(g) OF SECTION 43.21 OF THE CODE OF ORDINANCES (JULY 19, 1977); AND SECTION 36.34 (a, b, AND c) OF THE CODE OF ORDINANCES (APRIL 18, 1966); (Short title: Landscape Ordinance of the City of Little Rock, Arkansas) with the Ordinance being read the.first time. Mr. Jim Mauney of the City Beautiful Commission and Mrs. Jo Kimmins of the Public Affairs Committee of the Quapaw Quarters urged passage of the Ordinance. Mrs. Janet Buford of the League of Women Voters read.a prepared statement in which she urged support of the City Beautiful Commission by voting for this Ordinance. Ms. Mary Dee Terry was the only person to G speak with concern, advising the Board that the only problem her group has, is the required screeining, and requested that the ordinance "provide protection by keeping as much open space as possible." At this time, Director Hubbell made a motion, seconded by Director Langston, to amend the Ordinance by adding: "this Ordinance shall have no further effect after April 1, 1981, unless readopted by the Board of i Directors." The motion was adopted by unanimous voice vote of the members of the Board of Directors. Mayor Keith.then made a motion to amend the ordinance to provide that "security be of primary importance { and be a consideration in the enforcement." After comments, he withdrew the motion. A motion followed from Director Bussey to suspend the rules and place the Ordinance, as amended, on its-second reading. The motion was seconded by Director Langston 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 assecond ' j of the Ordinance ensued. The rules were again suspended and the Ordinance placed on its third reading by a motion made and seconded by Directors Shackelford and Bussey, respectively, and Landfinal sly adopted by the Board Members present, being seven in number and two - thirds or more of the of the Board of Directors - elect. Following the third and final reading of the Ordinance, I 1 MARCH 20. 1979. Cont'd. there was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - 'None; Absent None. The Ordinance was therefore, declared PASSED. Resolution No. 6,110 was presented, entitled: A RESOLUTION APPROVING A CODE OF ETHICS FOR OFFICIALS AND EMPLOYEES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was thereafter adopted upon motion of Director Bussey, seconded by Director Shackelford, and by the following roll call vote: Ayes- Directors Langston, Bussey, Shackelford, Hubbell and Jones - total 5; Noes - Mayor Keith and Director Mehlburger total 2; Absent - None. Introduced next was Ordinance No. 13,618, described as: AN ORDINANCE AMENDING ORDINANCE NO. 12,649 KNOWN AS THE BUILDING CODE OF THE CITY OF LITTLE ROCK, ARKANSAS, BY PROVIDING AN ADDITIONAL EXEMPTION UNDER THE PROVISIONS FOR THE HANDICAPPED; AND FOR OTHER PURPOSES; (Removes requirement for elevators in two -story office buildings if the first floor is accessible to the handicapped) and the Ordinance was read the first time. A brief discussion followed regarding the attachment of the "sunset" provision to the Ordinance. City Manager Carleton E. McMullin then advised that Ordinance No. 12,649, already contains a two -year "sunet" clause therefore, no further discussion was held and a motion followed.from Director Mehlburger 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 seconded by Directors Mehlburger and Jones" - respectively, and 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. 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED, At this time Ordinance No. 13,619 was presented, containing the following heading: AN ORDINANCE AMENDING SECTION 3(I), SECTION 3(II)(b), SECTION 3(- IV)(c)(2) AND SECTION 3(IV)(e)(2) ORDINANCE NO. 13,613 (TAXICAB ORDINANCE) AND DECLARING AN EMERGENCY; with the Ordinance being read the first time. There was a motion 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 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. 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 Mayor Keith and 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. 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 - Mayor Keith, Directors Langston, Shackelford, Hubbell and Jones - total 5; Noes - Directors Mehlburger and Bussey - total 2; 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 - Mayor Keith, Directors Langston, Shackelford, Hubbell and Jones - total 5; Noes - Directors Mehlburger and Bussey - total 2; Absent - None. An announcement was made that the Ordinance, together with the Emergency Section had PASSED. MARCH 26, 1979, Cont'd. A proposed Ordinance was presented, with the description being: AN ORDINANCE TO AMEND SECTION 13 -13.1 OF THE LITTLE ROCK CODE OF.ORDINANCES; (Re: Fire protection to areas included in voluntary petitions to annex such lands to the City.) ' with the Ordinance being read the first time. A brief discussion followed regarding the City answering fire alarms in unincorporated "islands" surrounded by the City. State Law now gives the City the right to annex the lands without having an election and without the permission of the landowners. There was no motion and second for the suspension of the rules, therefore, the Ordinance.,remained on the calendar for second reading. Resolution No. 6,111 was presented next, with the title being: A RESOLUTION ACCEPTING AND APPROVING FIRE DEPARTMENT RULES $ REGULATIONS; which Resolution was read in full. A motion was;made by Director Jones, seconded by Director Langston, that the Resolution be adopted. In the ensuing roll call vote, the Resolution was adopted as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford., Hubbell, and Jones,- total 7; Noes - None; Absent - None. Under Citizen Communications, Mr. Ellis Doyle Herron spoke to the Board of Directors regarding the future of the Bob Batty Glass Collection displayed at the Museum of Science $ Natural History, which was accepted by the City on December 4, 1964, arid now valued at over $300,000. It was reported that with the remodeling of the Museum, there may not be room for the display and it could be removed from the Museum. Mr. Herron presented a letter bearing nine signatures, in which the Board of Directors was requested to appoint a committee to meet with four members of the Museum Board to discuss this matter. Director Mehlburger expressed opposition to the appointment of a committee without input from the i Museum Board, while Director Jones preferred contacting the Chairman of the Museum Board. After discussion, Mayor Keith appointed Directors Jones, Langston and Shackelford to meet with the group from the Museum Board, in an effort to work out a place for the glass exhibit. Mayor Keith requested a roll call vote on the appointment of the committee and the results are herein recorded: Ayes - Mayor Keith, Directors Langston, Shackelford, Hubbell and Jones - total S; Noes - Director Mehlburger - total 1; Abstaining - Director Bussey - total 1; Absent - None. Therefore, the appointment of the committee was approved. At this point in the meeting, a motion was made by Director Bussey, seconded by Director Langston, to recess to Executive Session for the purpose of discussing appointments to Boards and Commissions. The motion was adopted by unanimous voice vote. At 9:45 o'clock P. M. the.Board of Directors reconvened from Executive Session with Mayor Keith presiding and the following Directors answering roll call: Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. A quorum was declared present and the following Resolution was adopted. The last Resolution to be considered was No. 6,112, entitled: A RESOLUTION MAKING APPOINTMENTS AND FOR OTHER PURPOSES; (Appointing Matthew Smith to replace Bishop L. T. Walker on the Housing Board of Appeals) which Resolution was read in its entirety.. A motion by Director Bussey, seconded by Director Langston, resulted in a roll call vote which adopted the Resolution as herein recorded: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None", Absent - None. V/ I �I Iu MARCH 20, 1979, Cont'd. �I There being no further business to be presented or to come before the Board of Directors at ' this time, upon motion of Director Hubbell, seconded by Director Bussey, and by unanimous vote of the Board Members present, the Board of Directors recessed at 10:00 o'clock P. M., subject to �I( � call by Mayor Keith. !I ATTEST: C�l APPROVED: �l i V 1 i City Clerk Mayor �IY � II y I1,1 �I II Ilia �! I t I I 1 it �I r !i. ir. SIP II 11 I • iI jI � I II it f I II I 1 I I Board of Directors Chamber Little Rock, Arkansas March 28, 1979 - 8:30 A. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from March 20, 1979, with Mayor Keith presiding and Jane Czech, City Clerk, with the following Directors present: Directors Langston, Bussey, Shackelford and Hubbell - total 4; Absent - Directors Mehlburger and Jones - total 2. Mayor Keith announced that a quorum was in attendance, and the meeting proceeded as follows: The first presentation was Resolution No. 6,113, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF LITTLE ROCK TO REQUEST STATE AID STREET FUNDS FROM THE DIRECTOR OF HIGHWAYS AND TRANSPORTATION; (Under Act 436 of 1979 for distribution in accordance with Act 5'(a) of the Arkansas Highway Revenue Distribution Law) which Resolution was read in full. A motion was made by Director Hubbell, seconded by Mayor Keith, that the Resolution be adopted. In the ensuing roll call vote, the Resolution was adopted as follows: Ayes - Mayor Keith, Directors Langston, Bussey, Shackelford and Hubbell - total 5; Noes - None; Absent - Directors Mehlburger and Jones - total 2. Introduced next was Ordinance No. 13,620, with the title being: AN ORDINANCE APPROPRIATING FUNDS FROM THE 1977 CAPITAL IMPROVEMENT PROJECT FUND FOR RIGHT -OF- WAY ACQUISITION FOR ASHER AVENUE IMPROVEMENTS; 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 Shackel- ford 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 Shackelford 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 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 - Mayor Keith, Directors Langston, Bussey, Shackelford and Hubbell - total 5; Noes - None; Absent - Directors Mehlburger and Jones - total 2. The Ordinance was therefore, declared PASSED. Resolution No. 6,114 was presented, containing the following title: A RESOLUTION RECOGNIZING AND COMMENDING MRS. VIVIAN FAIR; (Upon retirement from twenty -three years service) with there being a full reading of the Resolution, which was thereafter adopted upon motion of Director Shackelford, seconded by Director Bussey, and the following roll call vote: Ayes - Mayor Keith, Directors Langston, Bussey, Shackelford and Hubbell - total 5; Noes - None; Absent - Directors Mehlburger and Jones - total 2. There being no further business to be presented or to come before the Meeting at this time, upon motion of Director Shackelford, seconded by Mayor Keith, the Board of Directors recessed at 8:50 o'clock A. M., subject to call by the Mayor. ATTEST: 9-WYV- 461r-& City Clerk k122,0111"�; Mayor 1 1 Board of Directors Chamber I' �II; ' Little Rock, Arkansas j I�I �I'I April 3, 1979 - 7:30 P. M. Y� li _ The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from !I JI March 28, 1979, with Mayor Keith presiding and Jane Czech, City Clerk, with the following ji Directors present: Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - + i I; total 6; Absent - None. , A quorum was declared to be present, and with no further business to be considered, there Yi I' was a motion from Director Hubbell, seconded by Director Shackelford, to adjourn the meeting and j convene in regular session. The motion was unanimously adopted by the.members of the Board of Directors present. Therefore, the meeting was adjourned. ATTEST: �J�//W APPROVED: City Clerk Mayor I I I u" Ip I I i ,I . I V I i l 1 d I� I` ,I I I If I - 98 1 " -- -- - T- =- - -- - - -- - - - -- Board of Directors Chamber � Little Rock, Arkansas w April 3, 1979 - 7:35 P. M. ' The Board of Directors of the City of Little-Rock, Arkansas met in regular session with Mayor 'i i' I Keith presiding and Jane Czech, City Clerk, and the following Directors present: Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. It was announced that a quorum was in attendance, and the following is an account of the {{; proceedings: � I The Invocation was given by Director Jones. A' The first presentation was by the Arkansas Citizens Concerned About Crime with Mr. Troy Braswell as the spokesman for the group. Mr. Braswell read a prepared statement which included comparisons of various crimes in cities of comparable size.* The statement also contained a recommbndation that I twenty -five additional policemen be employed immediately. Upon question by Director Langston, I jMr. Braswell stated that Little Rock needs eighty -two additional policemen in order to come up to the national average. It was Director Mehlburger's opinion that a Crime Commission should be created, adding that the crime rate is intolerable. Director Bussey agreed with Director Mehlburger, except ' "we should work with the Chamber of Commerce, rather than create the Commission." Director Jones was j advised by a member of the Pulaski County Quorum Court that an effort is being made to create a thirty- two member County Crime Commission. Mr. Braswell advised the Board of Directors that the organization he represents feels that a judge should be available at all times - "like a doctor - on call." There was no further discussion and Mr. Braswell was requested to bring further recommendations to the Board I of Directors next month. A large delegation of property owners was present regarding the land use of properties along the Highway #10 Corridor. Mayor Keith advised the group that a work session had been held by the Board of i Directors and the Members of the Planning Commission on this subject but, that "a Public Hearing will I� not be held tonight." At the request of Directors Jones and Shackelford, the following Resolution, ' No. 6,115, was then presented with the title being: A RESOLUTION TO ESTABLISH A PUBLIC HEARING BETWEEN THE BOARD OF DIRECTORS AND THE PLANNING IICOMMISSION FOR THE PURPOSE OF DISCUSSING LAND USE; (Public Hearing to be held April 12, 1979 at 7:30 P. M.) I C and said Resolution was read in full. A motion was then made by Director Jones that the Resolution be I� adopted. The motion was seconded by Director Shackelford; after which a roll call was taken by which the Resolution was adopted as follows: Ayes - Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - Mayor Keith - total 1; Absent - None. Resolution No. 6,116 was presented, and entitled: A RESOLUTION AUTHORIZING A CONSTRUCT AND LEASE AGREEMENT FOR DEVELOPMENT OF A CIVIC /CONVENTION I HOTEL CENTER BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND-LITTLE ROCK CENTER ASSOCIATES, LTD., AN ARKANSAS LIMITED PARTNERSHIP, IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALLY THE CONTENT AS SET FORTH HEREIN AND MADE A PART OF THIS RES( =NtJTION; AUTHORIZING THE EXECUTION AND DELIVERY OF THE CONSTRUCT AND LEASE AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATED THERETO; I and the Resolution was read in its entirety. A motion was then.made by Director Hubbell, seconded by Director Mehlburger, which resulted in adoption of the Resolution by the following roll call vote: ' Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; i Noes - None; Absent - None. � 99' APRIL 3, 1979, Cont'd. p The next presentation was the Consent Agenda, consisting of the following items: l; (a) The reading of the Minutes of the previous meeting held on March 20, 1979 and the ' reconvened meeting held March 28, 1979. I (b) The 1978 Audit Report of the Little Rock Municipal Water Works. (c) The Comparative Statement of Income Account for the Little Rock Municipal Water Works I,! for the month of February, 1979. I� �i (d) Resolution No. 6,117, described as: A RESOLUTION ACCEPTING BIDS 4 AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR A PATHOLOGICAL INCINERATOR; FOR A MICROFILM RECORDER; FOR MOWERS; AND FOR TRAFFIC SUPPLIES; (e) Resolution No. 6,118, containing the following title: A RESOLUTION OPPOSING FEDERAL TAXATION OF LOCAL INCOME FROM UTILITY SERVICES; (f) Resolution No. 6,119, entitled: �I A RESOLUTION REQUESTING THE CITY ATTORNEY TO PETITION THE BANKRUPTCY COURT TO ALLOW l�jl THE CITY OF LITTLE ROCK TO CONDEMN THE CIRCUS BAZAAR OR TO SEAL THE SAME. ill By a motion from Director Mehlburger, seconded by Director Bussey, 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 meeting held March 20, 1979 the held March 28, 1979 f previous and reconvened meeting were approved . as written and summarized to the members of the Board of Directors; (b) The Audit Report of the Little Rock Municipal Water Works was received and filed; (c) The Comparative Statement of Income Account of the Little Rock Water Works was received and filed; and (d, e $ f) Resolution Nos. 6,117, 6,118 and 6,119 were read in full and adopted by the following roll call vote: Ayes - Mayor Keith, Directors ill' Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Y�I 11 Introduced at this time was a proposed Ordinance, described as: AN ORDINANCE RECLASSIFYING THE PROPERTY LYING AT 1020 S. WOODROW STREET IN THE CITY OF LITTLE ROCK, j1 ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR II' OTHER PURPOSES; I� (Z -3307 - from "B" Residence District to "D" Apartment District) II and the Ordinance was read the second time, having been read the first time on March 20, 1979. Upon question by Director Jones, Mr. Nathaniel Griffin, Director•of Comprehensive Planning advised there is IIj one space per unit.for off- street parking if the property is rezoned to "D" Apartment use. Ms. Margaretll�f! McCrane of 919 Booker Street was y present to oppose the rezoning and requested that the neighborhood I� be left residential_ There was a motion from Director Hubbell, seconded by Director Mehlburger for the suspension of the rules to allow for the 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 t6b.Board II 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 III Director Hubbell - total 1; Noes - Mayor Keith, Directors Mehlburger, Bussey, Shackelford and Jones - total 5; Abstaining - Director Langston- total 1; Absent - None. Whereupon, the Ordinance was j�ll declared to have FAILED. it The next presentation was a Petition from Ralph M. Cloar, Jr -.., Trustee'of Calvary Baptist Church, iIli requesting the vacating and closing of the Alley in Block 11, Mountain Park Addition to the City of 11 Little Rock, Arkansas, and located between Cantrell Road and "R" Streets and bounded by Pierce and II; If Fillmore Streets, which had received the approval of the Planning Commission. Included with the Petition was a letter. from the Pulaski County Title Company stating that the Trustees of the Calvary Baptist Church are the record owners of all the lots in Block 11, Mountain Park Addition; and also a certified copy of the Subdivision of the NI-, of NW-4 of Section 31, T -2 -N, R -12 -W, from the Office of the Pulaski County Circuit Clerk. (See Resolution No. 6,120 below, which sets the date of Public Hearing on April 17, 1979. Cont'd, next page a� 11 4I!I APRIL 3, 1979, Cont'd. Resolution No. 6,120 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 11, MOUNTAIN PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and there was a complete reading of the Resolution. A motion was then made by Director Hubbell, seconded by Director Bussey, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger; Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. There was a Petition presented for consideration from Six Roses, Inc. by Mr. Maury Mitchell, requesting that the entire alley as platted in Block 2, Intercity Addition to the City of Little Rock be vacated and closed. The Petition which had been approved by the Planning Commission, was accompanie by a letter from the Pulaski County Title Company stating that Lots 1 through 12, Intercity Addition to the City of Little Rock, are owned by Six Roses, Inc.; and also a certified copy of the plat of Inter- city Addition, as.recorded in the Office of the Pulaski County Circuit Clerk in Plat Book 2, Page 98.' (See Resolution No. 6,121 setting the date of Public Hearing on April 17, 1979, as follows) Resolution No. 6,121 was then presented, with the title being: . IIIIIII 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 2, INTERCITY ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Resolution was read in its entirety; after which a motion by Director Hubbell, seconded by Director Bussey, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7;-- Noes - None; Absent - None. The next matter to be considered was Ordinance No. 13,621, with the following description: AN ORDINANCE AMENDING ORDINANCE NO. 13,291 AUTHORIZING THE CITY MANAGER TO TRANSFER SURPLUS FUNDS FROM SPECIFIED SIGNALIZATION ACCOUNTS TO A GENERAL TRAFFIC SIGNAL ACCOUNT; ($36,794.52) with there being a first reading of the Ordinance, followed by a motion from Director Bussey, seconded by Director Mehlburger, 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 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 for 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 Bussey, seconded by Director Shackelford, 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 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- Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford,-Hubbell and Jones.- total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Ordinance No. 13,622 was presented, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 13,617 OF THE CITY OF LITTLE ROCK, ARKANSAS; (The Landscape Ordinance) with the Ordinance being read the first time, followed by a motion from Director Langston, seconded by Director Bussey, 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 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 for a further suspension of the rules to. provide for the 1D1 APRIL 3, 1979, Cont'd. IJ, 11 third and final reading f the,Ordinance.at this time; with the motion being made by Director Shackel- g I ford, seconded by Director Langston, and unanimously adopted by members of the Board of Directors= ford, ' 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 being taken on the question, Shall the Ordinance Pass, and the vote is herein recorded as follows: Ayes - Mayor Keith, {' Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; I, Absent - None. .It was announced that the Ordinance had PASSED. ICI, III Presented at this time was Resolution No. 6,122, described as: 'III A RESOLUTION AUTHORIZING THE CITY BEAUTIFUL COMMISSION TO GRANT WAIVERS AND TO HEAR CERTAINJI J APPEALS; iI! (Regarding the Landscape Ordinance) yV. and the Resolution was read in its entirety. A motion was then made by Director Shackelford, seconded ill by Director Jones, which resulted in adoption of the,Resolution.by the following roll call vote: Ayes Mayor Keith, Directors.Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7,; _Noes - �I II None; Absent - None. ICI Introduced at this time was Ordinance No, 13,623, with the title being: I I ' AN ORDINANCE AMENDING SECTION 13 -13.1 OF THE LITTLE ROCK CODE OF ORDINANCES; I II (Pertaining to fire service to the unincorporated islands within the City Limits) ff and the Ordinance was read the second time, having been read the first time on March 20, 1979. A . II J I brief discussion ensued in which Director Langston made a motion to amend the Ordinance to add: "In Ii JI addition, services shall be rendered immediately to all unincorporated islands within the City of Littler Rock existing as of the date of the passage of this Ordinance, and to any future islands when they �I become eligible under Act 314 of 1979." The motion was seconded by Director Bussey and adopted by �I I unanimous voice vote of the members of the Board of Directors present. A motion then followed from i Director Bussey, seconded by Director Hubbell, that the rules be suspended and the Ordinance, as amended, it I 11 be placed on third and final reading. The motion was unanimously adopted by members of the Board of II 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, as amended,.was followed by an Aye and No Vote l�l taken on the passage.of the Ordinance, which resulted as herein described: Ayes - Mayor Keith, Directors '1 Langston, Mehlburger, Bussey,.Shackelford, Hubbell and Jones - total 7; Noes_- None;;. Absent - None. The Emergency Section contained in Section 2 of the foregoing Ordinance was.then read and adopted YI by the following roll call vote: Ayes - Mayor Keith, Directors. Langston, Mehlburger, Bussey, Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was therefore, declared that the Ordinance, as amended, together with the.Emergency Section had been PASSED. I The next matter to be considered was a Report from Mr. Bill Davies, Director of Community Services l pertaining to procedure guidelines for boarding up or securing vacant, condemned residential structures. Mr. Larry Rodgers, Chairman of the Centennial Chapter of the Arkansas Community Organizations for Reform 11 Now (ACORN) spoke to the Board of Directors and requested that the time limit on demolition of condemned structures be changed from sixty to thirty days, and when owners fail to respond, that the City Attorneyll be authorized to take legal action. He pointed out that lengthy delays exist between the time a house isl'I condemned and when it is torn down. There was no further discussion and Director Hubbell made a motion,�,ll seconded by Director Shackelford, that the Report be received and filed. +, Ordinance No. 13,624 was presented, containing the following title: ' AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ISSUE CERTIFICATES OF PUBLIC CONVENIENCE; DECLARING I, AN EMERGENCY; (Re: Taxicabs; Certificates to Thomas Robinson, Dewey Worthey, Robert Orlicek and Edward Gatewood) and said Ordinance was read the first time. There was a motion which followed from Director Jones, �•�. �II,I ✓' 102�i r i� APRIL 3, 1979, Cont'd. seconded by Director Shackelford, to suspend the rules to provide for the second reading of the Ordi- nance, with the motion being adopted by voice vote as follows: Director Bussey voting No, and the I� other six Directors voting Aye, being 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 ` Shackelford, seconded by Director Jones, to suspend the rules and place the Ordinance on its third and final reading The voice vote on the suspension of the rules is described as: Six Ayes with Director Bussey again voting No, being two - thirds or more of the members of the Board of Directors - elect. The V �N V 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 — Mayor Keith; Directors Langston, Shackelford, Hubbell and Jones - total 5; Noes - Directors Mehlburger and Bussey - total 2; Absent - None. The Emergency Section, being Section 2 of the foregoing Ordinance was read and adopted by the I following roll call vote: . Ayes = Mayor Keith;' Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - Director Bussey - total 1; Absent - None. It was therefore; announced that the Ordinance, together with the Emergency Section had PASSED. 1 The following Resolution, No. 6,123, was 'presented with the title tieing: A RESOLUTION TO DIRECT ALL MEMBERS OF ANY CITY BOARDS OR- COMMISSIONS TO REFRAIN FROM ANY-APPEARANCE ' OF IMPROPRIETY; AND FOR OTHER PURPOSES; (Re: Abstention from voting, discussions, or any contribution whatsoever, when there is conflict of interest) and the Resolution was read in its entirety. A motion was then made by Director Bussey, seconded by ; I Director Jones, which resulted in adoption of the Resolution by the following roll call vote: Ayes - ill Mayor Keith, Directors Langston, Bussey, Shackelford, Hubbell and Jones - total 6; Noes -_ Director Mehlburger - total 1; Absent - None. Next presented was Resolution No. 6,124, entitled: A RESOLUTION REGARDING ADVERSE INTEREST OF BOARD AND COMMISSION MEMBERS; (Re: Review of appointment of any Board or Commission Members to determine whether there is "cause" for removal when, such member sues the,City of Little Rock) and after a full reading of the Resolution, there was a motion by Director Bussey, seconded by Director it Jones, that the Resolution be adopted. The ensuing roll call vote then adopted the Resolution as herein described: Ayes'- Mayor Keith, Directors Langston, Bussey, Shackelford, Hubbell and Jones - �I total 6; Noes - Director Mehlburger - total 1; Absent - None. The last Resolution to be considered was numbered 6,125, with the following title: i I A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK HOUSING AUTHORITY; (Mrs. Jane Parkin Saunders appointed to fill unexpired term of Mr. Purcell Smith; which term expires October 31, 1983) and there was a full reading of the Resolution. The Resolution was subsequently adopted upon motion of Director Hubbell, seconded by Director Langston, and by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. In a brief discussion, two Public Hearings were set for Thursday night, April 12th in the NBoard of Directors Chamber. The first hearing to be held will begin at 7:00 P. M. regarding the Cable Television Ordinance, and the other hearing will start at 7:30 P. M. with the subject being a proposed interim zoning plan for Highway 10 west of Interstate 430. Several zoning proposals ills i for land along the highway have been submitted and others are planned. ' id APRIL 3. 1979. Cont1d. I Mayor Keith introduced a group of the Little Rock Junior League Members who were present at the Board Meeting. With there being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Hubbell, seconded by Director Shackelford, and by unanimous vote of the Board Members present, the Board of Directors recessed at 9:10 o'clock P. M., subject to call by Mayor Keith. ATTEST: V&rzz APPROVED: City Clerk Mayor 77 ` I 0 Board of Directors Chamber Little Rock, Arkansas April 12, 1979 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from April 3, 1979, with Mayor Keith presiding and Jane Czech, City Clerk, with the following Directors present: Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Absent - Director Bussey - total 1. Mayor Keith announced that a quorum was present and the following is an account of the proceedings: A public hearing had been set and duly published for this time and place, to consider the matter of Cable Television. The Board of Directors previously awarded a contract to Midwest American Cable Company, and petitions were subsequently filed by Cablecom of Little Rock, Inc., one of the six bidders, and Little Rock Business and Community Development Consortium, calling for a referendum to allow the citizens an opportunity to vote on the matter. Mr. W. S. Miller, Attorney, and Mr. James McHaney, Attorney and Independent Counsel, were the speakers for Midwest American Cable Company, the successful bidder to construct Cable Television in the City of Little Rock. Mr. Miller stated that the Board of Directors should reject the petitions because the petition organizers and solicitors "clearly failed to conduct this attempt as specified under the City's own ordinance and State Statutes." He further stated that "children were used to circulate the petitions, many of the solicitors were not registered voters and the solicitors failed to make a reasonable effort to find out if the signers were registered voters." Mr..W. H. Sutton, Attorney for Cablecom of Little Rock, addressed the Board and stated, "the Board should accept the petitions and call for the referendum because it is not very often anybody makes a mistake by giving the people an opportunity to vote. Allowing the people to do what they desire on a issue this critical is not dangerous." A motion followed from Director Langston to "accept the petitions as filed and that they be deemed sufficient." The motion was seconded by Director Jones and submitted to the follow ing roll call vote: Ayes - Directors Langston, Shackelford and Jones - total 3; Noes - Mayor Keith and Director Mehlburger - total 2; Abstaining - Director Hubbell - total 1; Absent - Director Bussey total 1. City Attorney Jack Magruder, then advised the Board of Directors that "four affirmative votes must be obtained before the petitions could be accepted therefore, the Board had effectively refused to accept the petitions and the election. " -:With the motion having failed, Mayor Keith called for a five - minute recess. The Board of Directors reconvened with all members answering roll call except Director Bussey, who was absent. After further discussion, Director Jones made a motion, seconded by Director Shackelford, to "set aside the previous vote and deny the petitions." A roll call was taken with the following results: Ayes - Directors Langston, Shackelford and Jones - total 3; Noes - Mayor Keith and Director Mehlburger - total 2; Abstaining - Director Hubbell - total 1; Absent - Director Bussey - total 1. The motion therefore, failed. Mayor Keith then declared the public hearing closed, and there was no further discussion. As there was no further business to be presented, upon motion of Director Mehlburger, seconded by Director Jones, and by unanimous vote of the members of the Board of Directors present, the meeting was adjourned at 7:55 o'clock P. M. to meet again in regular session on Tuesday, April 17, 1979 at 7:30 o'clock P. M. ATTEST: 17tjn(, e 9 City Clerk APPROVED: a Mayor Board of Directors Chamber Little Rock, Arkansas ' IIIIIII April 17, 1979 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Keith presiding and Jane Czech, City Clerk, and the following Directors present: Directors Langston, Mehlburger, Shackelford and Hubbell - total 4; Absent - Directors Bussey and Jones - total 2. It was announced that a quorum was in attendance, and the following is an accounting of the proceedings: The Invocation was given by Mayor Keith. Director Jones was enrolled. Presented first was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on April 3, 1979 and the reconvened meeting held April 12, 1979. (b) The Financial Statement of the Firemen's Relief $ Pension Fund - December 31, 1978 and 1977. ' III (c) The Financial Statement of the Policemen's Pension F, Relief Fund — December 31, 1978 and 1977 (d) Resolution No. 6,126, entitled: A RESOLUTION ACCEPTING THE RESIGNATION OF CECIL HENDERSON AS A COMMISSIONER OF TWIN LAKES RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 1 AND APPOINTING THOMAS E. MARINER TO REPLACE HIM, AND FOR OTHER PURPOSES; (e) Resolution No. 6,127, with the title being: A RESOLUTION CHANGING THE NAME OF KAREN LANE IN MARLOWE MANOR SUBDIVISION TO STONEHENGE PLACE; AND FOR OTHER PURPOSES; (f) Resolution No. 6,128, described as: A RESOLUTION TO EXTEND CONTRACTS AT THE SAME UNIT PRICES FOR TRAFFIC SIGNAL IMPROVE- MENTS; AND FOR OTHER PURPOSES; (g) Resolution No. 6,129, with the following caption: A RESOLUTION EXTENDING THE CITY'S CONTRACT FOR PUBLIC OFFICIALS LIABILITY INSURANCE FOR A ONE YEAR PERIOD; (h) Resolution No. 6,130, with the following title: A RESOLUTION EXTENDING FIRE SERVICE CONTRACTS FOR A ONE YEAR PERIOD WITH BUSINESSES OUTSIDE THE CITY; (Siemen's Allis, Affiliated Foods, Independent Air Conditioning, 3M Granite Plant, and Levi Strauss) (i) Resolution No. 6,131, containing the following heading: A RESOLUTION TO CHANGE THE NAME OF THE MUSEUM OF SCIENCE AND NATURAL HISTORY TO THE MUSEUM OF SCIENCE AND HISTORY; AND FOR OTHER PURPOSES; (j) Resolution No. 6,132, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR SURVEILLANCE CAMERAS AND SUPPORT EQUIPMENT; FOR POLICE AND FIRE VEHICLES; AND FOR STORM DRAINAGE IMPROVEMENTS FOR THE OAK FOREST CDBG AREA; AND FOR OTHER PURPOSES; (k) Resolution No. 6,133, entitled: A RESOLUTION APPROVING THE PROPOSED ISSUANCE OF $1,000,000 CITY OF LITTLE ROCK, ' ARKANSAS AIRPORT REVENUE BONDS, AND PREPARATION OF PROCEEDINGS FOR THE SALE OF SAID BONDS; APRIL 17, 1979, Cont'd. By motion of Director Langston, seconded by Director Mehlburger, and a roll call vote with all members III present voting Aye, expect Director Hubbell who abstained, the Consent Items were dispensed with as follows:, (a) The Minutes were approved as written and summarized to the Board of Directors; (b $ c) ' The Financial Statements were received and filed; and (d, e, f, g, h, i, j $ k) Resolutions No. 6,126, 6,127, 6,128, 6,129, 6,130, 6,131, 6,132 and 6,133 were read in full and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford and Jones - total S; Noes - None; Abstaining - Director Hubbell - total 1; Absent - Director Bussey - total 1. i� After the Consent Agenda had been dispensed with, Director Shackelford explained the definition of it "reconsider ", and stated that she would like for the record to show there were three votes to reconsider the motion on. Cable TV on April 12th. City Attorney Jack Magruder ruled that it would take four affirm- s ative votes to accept or reject the petitions, which is a majority of the full membership of the Board of Directors. At this point Director Shackelford questioned, "where are we now ?" Adding, she would like a vote on this issue with full membership. Mr. Magruder stated that "it would violate City Ordinance I C and State Statute if the Board reconsiders this matter tonight." Director Jones questioned Director 'Hubbell's abstention, and asked if it had been determined that the firm Director Hubbell is a member of, does represent an interested party. It was City Attorney Jack Magruder's opinion that a conflict of I interest does exist and that Director Hubbell should not vote on the issue of'Cable Television. Mayor ' Keith then ruled that any further discussion on this matter will be considered under "Citizen Communications." Zoning Petition No. Z- 3144 -A was next presented from Eugene Mazanti for William T. Kelly, et al, to rezone Block 7 Perry Heights Addition to the :City of Little Rock from "B" Residence District to p Y g Y !I "E -1" Quiet Business District. Staff recommended leaving the E, of the block "B" Residence District and the Planning Commission approved rezoning on the W2 of the Block only, to 11E -1" Quiet Business District. l Mr. Richard Wood of the Department of Comprehensive Planning advised the Board of Directors that the applicant had not agreed to the dedication of needed right -of -way on Maryland Avenue and Fair Park Boulevard. There being no persons to speak either for or against the rezoning, a proposed Ordinance to rezone the W'z of the block to "E -1" Quiet Business District was placed on first reading. (See proposed Ordinance below) There was presented a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING THE WEST 1/2, BLOCK 7, PERRY HEIGHTS ADDITION-IN THE CITY OF LITTLE ' ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODEL=OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; !I AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Hubbell, which was seconded by Director Langston, 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 - I i sequently read the second time, resulting in a motion by Director Hubbell for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director � Shackelford, 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 - None; Noes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Absent — Director Bussey - total 1. The Ordinance was then declared to have FAILED. , Another Zoning Petition, No. Z -3271 was presented with the applicant being Mr. James A. Pate, who requested that-19 acres on the Northwest Corner of East Belt Freeway and Fourche Dam Pike (long legal description) be rezoned from "A" One- family District to "I" Light Industrial District. The Planning I _Staff _ had _ recommended_ a_ combination _of ^F" Comme.rcial_and "W " Multi_family Zones.,_however the Planning dI APRIL 17, 1979, Cont'd. Commission approved "F" Commercial for the entire tract. Mr. James Pate, the petitioner, presented a sketch and explained the zoning in the surrounding area. There was no opposition presented to the ' request, and an Ordinance to reclassify this property to "F" Commercial District was placed on first reading. (See Ordinance No. 13,625 as follows) Ordinance No. 13,625 was presented, with -the title being: AN ORDINANCE RECLASSIFYING THE NORTHWEST CORNER, EAST BELT FREEWAY AT FOURCHE DAM 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 said Ordinance was read the first time; after which there was a motion by.Director Langston, seconded by Director Jones, that 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. Upon second reading of the Ordinance, a motion was again made to suspend the rules to allow for the third and final reading of the Ordinance at this time; with the motion being made by Director Jones, seconded by Director Langston, 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, followed by an Aye No Vote taken the Shall the Ordinance Pass, with the resulting vote being.recorded as and on question, herein described: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford and Hubbell - total S Noes - Director Jones - total 1; Absent - Director Bussey - total 1. Whereupon,Ithe Ordinance was declared PASSED. Zoning Petition No. Z -3272 was the next presentation, with the applicant being James R. Rhodes for William Anderson, who requested that 6620 University Avenue (long legal description) be rezoned from "A" One- family District and "F" Commercial District to "F" Commercial District. The Planning Staff had recommended approval and -the Planning Commission approved the rezoning with a vote of 9 Ayes, 0 Noes and 2 Absent. There was no opposition presented to the request, and an Ordinance to reclassify the property to "F" Commercial District was placed on first reading. (See Ordinance No. 13,626 below) Ordinance No. 13,626 was presented, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 6620 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 there being a first reading of the Ordinance, followed by a motion from Director Hubbell, seconded by Director Langston, 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 Ordinance 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 Hubbell and again, seconded by Director Langston, 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, 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 - Mayor Keith, Directors Langston, Shackelford, Hubbell and Jones - total 5; Noes - None; Abstaining - Director Mehlburger - .total 1; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared PASSED ' II The following Zoning Appeals were considered next, to set a date for Public Hearing. The zoning requests had been denied by the Little Rock Planning Commission on March 27, 1979 and February 27, 1979. Z -3320 - From Art Stuenkel, Attorney for First Property Management, with title to the property vested in Samuel Zell, Trustee, requesting that the Walnut Ridge Apartments be reclassified from "A" One- family District to "D" Apartment District. On March 27, 1979, the Planning Commission approved i - - N APRIL 17, 1979, Cont'd. "MF -24" Multi - family Zoning for the Apartments by a vote of 9 Ayes, 0 Noes and 2 Absent. The Planning b, 4 Staff also recommended 'IMF-2411 classification.* Z -3321 - From Art Stuenkel, Attorney for First Property Management, with title to the property ( I vested in Samuel Zell, Trustee, requesting that the Greenwood Forest Apartments be reclassified from { "A" One- family District to "D" Apartment District. On March 27, 1979, the'Planning Commission 'approved "MF -18" Multi - family District for the Apartments by a vote of 6 Ayes, 3 Noes and '2 Absent. The Planning i Staff recommended 'IMF-1811 Zoning also. I Z -3322 - From Art Stuenkel, Attorney for First Property-Management, with title to the property i vested in Samuel Zell, Trustee, requesting that the Williamsburg Apartments be reclassified from "A" One- family District to "D" Apartment District. On March 27, 1979, the Planning Commission approved "MF -18" Multi - family zoning by a vote of 7 Ayes, 2 Noes and 2 Absent; with the Planning Staff also, recommending 'IMF-1811 classification. Z -3324 - From Art Stuenkel, Attorney for First Property Management, with title to the property vested in Samuel Zell, Trustee,.-requesting that the Fox Run Apartments be reclassified from "A" One - 5 I� family District to "D" Apartment District. The Planning Commission approved 'IMF-1811 Multi- family zoning on March 27, 1979 by a vote of 7 Ayes, 2 Noes and 2 Absent, with the Planning Staff having recommended "MF -18" zoning also. Z -3318 - From Ben McMinn, Attorney with title to the property vested in Benjamin and Jyothi ' p4 McMinn, requesting that the East 90' of Lots 10, 11 $ 12, Block 3, Mountain Park Addition (5419 Kavanaugh Boulevard) be reclassified from "A" One - family District to "D" Apartment District. On February 27, ' 1979, the Planning Commission's motion to approve, failed by a vote of 1 Aye and 10 Noes. The Planning Y' Staff had also, recommended denial. At this time, a motion was made by'Director Shackelford, seconded by Director Mehlburger, to set I� the date for Public Hearing on the above five Zoning Appeals on Tuesday, May 1, 1979, at 7:30 o'clock P. M. 'I Again presented was the Petition from Calvary Baptist Church by Ralph M. Clear, Jr. tb vacate and I close the Alley in Block 11, Mountain Park Addition in 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 I i No. 6,120, with Notice thereof having been duly published on April 5, 1979 and April 12, 1979 as required f I by Law. Mayor Keith 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. 13,627 as follows) I Introduced at this time was Ordinance No. 13,627, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK,`;ARKANSAS, VACATING AND CLOSING THE I ALLEY IN BLOCK 11, MOUNTAIN PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance. A motion was then made by Director Langston, which was i seconded by Director Mehlburger, that the rules be suspended and the Ordinance be placed on second read- ing; 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 Shackelford for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Jones, 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 - Mayor Keith, Directors Langston, Mehlburger, Shackel- ford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was + +' then declared PASSED.' j ,A Public Hearing had been scheduled for this time and place by Resolution No. 6,121, which had been , _ Y APRIL 17, 1979, Cont'd. duly advertised in accordance with .State Statutes, on April 5, 1979 and April 12, 1979. The Hearing was set for the purpose of discussing the Petition from Six Roses,. Inc. by Maury Mitchell, requesting the vacating and closing of the alley in Block 2, Intercity. Addition to the.City of Little Rock, Ark- ansas, 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 the issue; and the Public Hearing was then declared to be closed, and a related Ordinance was placed on first.reading. (See Ordinance No. 13,628 as follows) The next presentation was Ordinance No. 13,628, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN BLOCK 2, INTERCITY ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time, followed by a motion from Director Langston to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Mehlburger 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 Shackelford and 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 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 Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. It was announced that the Ordinance had PASSED. A Petition submitted by A. F. House, et al, was presented in which they requested the vacating and closing of an unnamed street in Block 11, Hyland Homes Addition_to the City of Little Rock. The Petitil which had been approved by the Planning 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 Hyland Homes Addition to the City of Little Rock, Arkansas, as recorded in the Office of the Circuit Clerk and Ex- Officio Recorder in Plat Book No. 2, at Page 200. (See Resolution No. 6,134 setting the date of Public Hearing for May 1, 1979 at 7:30 o'clock P. M., as follows) Presented at this time was Resolution No. 6,134, which did not contain a title but, SCHEDULED A PUBLIC HEARING ON THE PROPOSED STREET CLOSURE AT THE BOARD OF DIRECTORS MEETING TO BE HELD ON THE 1ST DAY OF MAY, 1979; and the Resolution was read in its entirety. A motion was then made by Director Shackelford, seconded by Director Jones, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes — None; Absent - Director Bussey - total 1. The next matter to be considered was Ordinance No. 13,629, containing the following title :. AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF PART OF LOTS S AND 6, MORGAN SUBDIVISION, AND OTHER PROPERTY, WHICH IS CONTIGUOUS TO THE PRESENT CITY LIMITS, AND FOR OTHER PURPOSES; (Located at S/E Corner of•Rainwood and Green Mountain Drives - Court Order dated March 5, 1979) , and the Ordinance was read the first time. There was a motion at this time by Director Shackelford, seconded by Director Hubbell, to suspend the rules and place the Ordinance on second reading. The moti 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 Hubbell, seconded by Director Shackelford, 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 readi M APRIL 17, 1979, Cont'd. of the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - None. ' The Emergency Clause contained in Section 2 of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones -total 6; No None; Absent - Director Bussey - total 1. Whereupon, the Ordinance, together with the Emergency Section had PASSED. An Appeal of the Planning Commission's denial on February 27, 1979 of Zoning Petition No. Z -3315, submitted by Attorney Edward L. Wright, Jr. for J. Michael Henderson and Gerald L. Breeding requesting the rezoning of Part of Lots 5 and 6, Morgan Subdivision, located at the Southeast corner of Rainwood and Green Mountain Drives, from "A" One- family District to "F" Commercial District: A motion was then made by Director Hubbell, seconded by Director-Shackelford, and unanimously adopted by voice vote of the Board Members present, which fixed the date of public hearing on this Zoning Appeal for Tuesday, May 1, �j 1979 at 7:30 o'clock P. M. Introduced next was Ordinance No. 13,630, 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; ' (Richland and Hermitage Homesite Additions to the City of Little Rock - Court Order dated March S, 1979) with the Ordinance being read the first time, followed by a motion from Director Shackelford to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Hubbell 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 Hubbell and Shackelford, 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 - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones.- total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was therefore, declared PASSED. There was presented Ordinance No. 13,631, containing the following heading: ' AN ORDINANCE TO APPROPRIATE FUNDS FOR MUNICIPAL COURT SALARIES; AND FOR OTHER PURPOSES; (In accordance with Act 513 of 1979 - $10,500.00 appropriated) with there being a first reading of the Ordinance. There was a motion at this time from Director Shackelford, seconded by Director Hubbell, 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 last reading of the Ordinance by a motion made and seconded by Directors Hubbell and Shackelford, 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 - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. ' Ordinance No. 13,632 was presented, entitled: AN ORDINANCE APPROPRIATING FUNDS FROM THE 1977 CAPITAL IMPROVEMENT PROJECT FUND FOR COMMUNITY SERVICES CONTINGENCIES TO BE USED FOR SHACKLEFORD ROAD IMPROVEMENTS; AND FOR OTHER PURPOSES; ($109,776.00 Appropriated) fe APRIL 17, 1979, Cont'd. which Ordinance was read the first time. There was a motion from Director Shackelford, seconded by Director Hubbell, 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 mor, 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 Hubbell, seconded by Director Shackelford, 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 - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - 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 - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. It was therefore, declared that the Ordinance, together with the Emergency Section had been PASSED. The next Ordinance to be considered was No. 13,633, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR THE IMPLEMENTATION OF REVISED PROCEDURES FOR BOARDING UP VACANT, CONDEMNED RESIDENTIAL STRUCTURES; AND FOR OTHER PURPOSES; (Appropriating $10,000.00) and after a first reading of the Ordinance, there was a motion from Director Shackelford, seconded by Director Hubbell, 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 Hubbell and Shackelford, 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 - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was declared PASSED. Ordinance No. 13,634 was presented described as: AN ORDINANCE AUTHORIZING THE CREATION OF AN ADMINISTRATIVE AID POSITION IN THE OFFICE OF GENERAL SERVICES; APPROPRIATING FUNDS; AND DECLARING AN EMERGENCY; with there being a first reading of the Ordinance, followed by a motion from Director Hubbell, seconded by-Director Shackelford,,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 Ordinance ensued. A motion was then made 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 made by Director Hubbell, seconded by Director Shackelford, 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, 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 - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey total 1. The Emergency Section being Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and 1111111 Jones - total 6; Noes - None; Absent - Director Bussey - total 1. It was therefore, announced that ifli`l 112' APRIL 17, 1979, Cont'd. 4C' the Ordinance, together with the Emergency Section had PASSED: Ordinance No. 13,635 was introduced with the following heading: ' AN ORDINANCE AMENDING SECTION 2 -44 OF THE LITTLE ROCK CODE OF ORDINANCES TO AUTHORIZE THE CITY I MANAGER TO AWARD CONTRACTS IN THE AMOUNT OF $10,000.00'OR LESS WITHOUT TRANSMITTING THE SAID BIDS TO 1 1 THE BOARD OF DIRECTORS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was made by Director Shackelford, which was 1 seconded by Director Hubbell, that the rules be suspended and the Ordinance be placed on second reading; it with the motion being unanimously adopted by members of the Board of Directors present, being six in Y� 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 Hubbell for a further i Nsuspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Shackelford, 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 I on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Mayor Keith, i Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. I, j The next matter to be considered was Ordinance No. 13,636, described as: AN ORDINANCE TO AMEND ORDINANCE NO. 13,617; (The Landscape Ordinance) and there was a first reading of the Ordinance. A motion was then made by Director Shackelford, which was seconded by Director Hubbell, 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 subsequently read the second time, resulting in a motion by Director Hubbell for a further suspension of the rules to allow for the third and final.reading of the Ordinance. The motion was seconded by Director Shackelford, adopted by unanimous vote of the members of the Board of Directors present, i 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 I the question, Shall the Ordinance Pass, resulting in the following'vote: Ayes - Mayor Keith, Directors , Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director i Bussey - total 1. Therefore, the Ordinance was declared PASSED. Presented at this time was Resolution No. 6,135, with the caption being: A RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING THE ANNEXATION OF CERTAIN LANDS; (Barksdale Island, Reform School Island, Rodney Parham Island, Knight Inventory Island, State Hospital Island, Highway 10 and Interstate 430 Island, State Highway Right -of -Way, East,Belt Freeway) (Public Hearing set for May 15, 1979) . and the Resolution.was read in its entirety. A motion was then made by Director Jones, seconded.by . Director Hubbell, which resulted in adoption.of the Resolution by the following roll call.vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and -Jones - total 6; Noes - None; Absent - Director Bussey - total 1. � A proposed. Ordinance was presented, entitled: AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE OF 1978, SUBJECT TO THE AMENDMENTS HEREIN i - AS THE ELECTRICAL CODE FOR THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; 1PROVIDED and the Ordinance was read the first time. There was no motion for the suspension of the rules for a second read7fherefore, the proposed Ordinance remained on the calendar for second reading on May 1, 1979. APRIL 17, 1979, Cont'd. Another proposed Ordinance was presented, 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; and after the first reading of the Ordinance a brief discussion ensued. Mr. William L. Michel, representing the Central Arkansas Independent Electric Contractors, advised that his group was in favor of the Code and felt it fair to the consumers however, they had reservations about third story apart- ments. Mr. Bruce Blackall of the Homebuilders Association stated that the homebuilders endorse the Code and Mr. Lloyd Brothers, a member of the Electrical Examining Board voiced no objections to the Code It was agreed upon by the Board Members to leave the Ordinance on the calendar in order for the Elec- trical Examining Board to have an opportunity to vote on the various amendments. There was no further discussion and the proposed Ordinance remained on the calendar for second reading. Resolution No. 6,136 was considered next, entitled: A RESOLUTION AUTHORIZING THE EXCHANGE OF CERTAIN CITY OWNED PROPERTY FOR PROPERTY BELONGING TO THE 3 -M MINING COMPANY; (Gillam Park Land) ' and there was a complete reading of the Resolution; after which a motion from Director Hubbell, seconded by Director Jones, resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Presented for consideration next was Resolution No. 6,137, containing the following title: A RESOLUTION APPROVING PLAN X OF THE U. S. CORPS OF ENGINEERS FOR FOURCHE BASIN FLOOD CONTROL; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. Dr. J. Lyndal York, a member of the Pulaski County Audobon Society's Board of Directors, spoke to the Board of Directors expressing concern for the Plan. It was his opinion that the wetlands of Rock Creek in Boyle Park should be left in their natural state, and felt that the Corps of Engineers could come up with a better plan than Plan 10. A motion followed from Director Hubbell, seconded by Director Langston, with the roll call vote adopting the Resolution as herein recorded: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones ' III total 6; Noes - None; Absent - Director Bussey - total 1. The following Resolution, No. 6,138, was then presented with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONTINUE EFFORTS TO WORK WITH THE PULASKI COUNTY JUDGE TO CREATE A COUNTY -WIDE DRAINAGE COMMISSION; AND FOR OTHER PURPOSES; and said Resolution was read in full. A motion was then made by Director Shackelford that the Res be adopted. The motion was seconded by Director Jones; after which a roll call was taken and the Reso- lution adopted as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Resolution No. 6,139 was presented, and entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO WORK WITH THE PULASKI COUNTY JUDGE TO MAKE APPLICATION TO GOVERNOR CLINTON FOR MONEY FROM THE GOVERNOR'S DISCRETIONARY FUND FOR THE LOCAL SHARE OF THE COST OF Introduced next was Resolution No. 6,140, described as: A RESOLUTION REQUESTING IMMEDIATE COURT ACTION BY THE CITY ATTORNEY WITH REGARD TO OWNERS OF CONDEMNED AND VACANT STRUCTURES WHO DO NOT RESPOND TO NOTICES WITHIN THE STIPULATED TIME LIMIT; THE CORPS OF ENGINEERS PLAN 10 FOR FOURCHE CREEK; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Shackelford, seconded by Director Jones, which resulted in adoption of the Resolution by the following roll call vote: Ayes - ' Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Introduced next was Resolution No. 6,140, described as: A RESOLUTION REQUESTING IMMEDIATE COURT ACTION BY THE CITY ATTORNEY WITH REGARD TO OWNERS OF CONDEMNED AND VACANT STRUCTURES WHO DO NOT RESPOND TO NOTICES WITHIN THE STIPULATED TIME LIMIT; 41� , APRIL 17, 197,9, Cont'd. AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution, A motion was then made by Director Shackelford, jseconded by Director Jones, which resulted in adoption of the Resolution by the following roll call I� vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Resolution No. 6,141 was the next presentation, with the following title: A RESOLUTION DIRECTING THE CITY MANAGER AND STAFF TO ALLOW A MAXIMUM "HOLD" OF THIRTY (30) DAYS FOR CASES IN WHICH IT HAS BEEN DETERMINED THAT THE OWNER IS NOT COOPERATING, AND THEREAFTER SUBMIT ANY f SUCH CASES TO FORMAL CONDEMNATION AND COURT ACTION; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety; after which a motion by Director Shackelford, seconded by Director Jones, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Shackelford, Hubbell and Jones - total 6; Noes - None; I� Absent - Director Bussey - total 1. 'i The last Ordinance to be considered was a proposed Ordinance, containing the following title: AN ORDINANCE TO AMEND SECTION 18- 10(a)(3), 18 -32(a) and (b), and 18 -71 OF THE LITTLE ROCK CODE OF ORDINANCES (HOUSING CODE) TO CHANGE THE INITIAL RESPONSE PERIOD TO THIRTY (30) DAYS; AND FOR OTHER PURPOSES; , and the Ordinance was read the first time. City Manager Carleton McMullin suggested that if the thirty- day response time proves unworkable, then an amendment can be proposed. There was no motion for the ii suspension of the rules to place the proposed Ordinance on second reading therefore, it, remained on the calendar. At this time, Director Jones advised that she would like to present a Resolution for consideration by the Board of Directors relating to the Highway 10 Corridor. The Resolution, No. 6,142, is entitled: A RESOLUTION REJECTING THE HIGHWAY 10 CORRIDOR CONTINGENCY PLAN, AFFIRMING THE APPLICATION OF THE 1990 COMPREHENSIVE DEVELOPMENT PLAN ACCEPTED BY RESOLUTION NO. 4,708 AS THE DEVELOPMENT POLICY FOR THE HIGHWAY 10 CORRIDOR, REQUESTING TEAM FOUR, INC. TO PROCEED WITH THE HIGHWAY 10 PORTION OF THE EXTRA- . TERRITORIAL AREAS PLAN WITH URGENCY, TRANSMITTING A RECORDING OF PUBLIC HEARING, SETTING A PUBLIC HEAR- I ING PROCESS FOR REVIEW OF THE TEAM FOUR, INC. STUDY AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. After the reading of the Resolution a brief discussion i ensued. Director Hubbell commented that he had two problems with the Resolutions: first, that the 1990 Plan already had been adopted by a previous Board and second, he didn't want to accept or reject II the Commission's contingency plan because he felt the Statutes had not been followed. A motion then followed from Director Jones and seconded by Director Mehlburger, which resulted in a roll call vote adopting the Resolution as follows: Ayes - Directors Langston, Mehlburger, Shackelford and Jones - total 4; Noes - Mayor Keith and Director Hubbell - total 2; Absent - Director Bussey - total 1. Under "Citizen Communications" the subject of Cable Television was again discussed. Attorney P. A. Hollingsworth spoke on the matter, stating that four votes are required to "vote it down or approve its', adding, "the Board is compelled to vote on this until there are four votes one way or another. If Director Hubbell could vote on suspension of the rules, then he could vote on the petition." It was i City Attorney Jack Magruder's opinion that a conflict of interest does exist. He said, "it is not II for me to hold Web to the wall. If he feels he has no conflict, it certainly won't offend me if he wants to vote." Director Hubbell stated that "the City Attorney has ruled that there is a conflict of I interest and I will abide by that." There was no further discussion and a motion was made by Director Shackelford, seconded by Director , Jones, that the meeting be recessed, subject to call. A roll call was taken on the motion with the results recorded as follows: Ayes - Directors Langston, Shackelford, Hubbell (City Attorney ruled there would be no conflict of interest on aye vote to recess), and Jones - total 4; Noes - Mayor Keith and APRIL 17, 1979, Cont'd. 11' Director Mehlburger - total 2; Absent - Director Bussey - total 1. With the motion to recess the ' meeting having been adopted, the Board of Directors recessed at 9:10 o'clock P. M., subject to call ' by Mayor Keith. ATTEST: w (� ? }C�i�/ APPROVED: � I City Clerk Mayor I . YI i i N! Board of Directors Chamber � I Little Rock, Arkansas April 25, 1979 - 11:30 A. M. yl The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from April 17, 1979, with Mayor Keith presiding and Jane Czech, City Clerk with the following Directors present: Directors Langston, Bussey, Shackelford, Hubbell and Jones - total 5; Absent - Director Mehlburger - total 1. A quorum was declared to be present-and a motion was made by Director Hubbell to go into Executive Session to discuss appointments to Boards and Commissions. The motion was seconded by Mayor Keith and unanimously adopted by the Board of Directors present, being six in number and two- 11 i thirds or more of the members of the Board of Directors - elect.-. II !� I At 12:05 o'clock P. M. the Board of Directors reconvened from Executive Session with Mayor �i Keith and the following Directors answering roll call: Directors Langston, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - Director Mehlburger - total 1. Mayor Keith announced there I was no further business to be considered at this time, and a motion followed from Director Shackelford,'{ seconded by Director Jones, to recess the meeting, subject to call. The motion was unanimously adopted; I u by the Board Members present, being six in number and two - thirds or more of the members of the Board of i Directors - elect. The meeting was therefore, recessed at 12:10 o'clock P. M., subject to call. JI„ V� ATTEST: � L �✓ ��/ 0. 2 /_4 / I City Clerk Mayor I it 1 I i b I' moll' I� I II Board of Directors Chamber , I 'i Little Rock, Arkansas ' May 1, 1979 - 7:30 P. M. 1 I i I w I The Board of Directors of the City of Little Rock, Arkansas met in reconvened session YS from April 25, 1979, with Mayor Keith presiding and Jane Czech, City Clerk with the following Directors present: Directors Langston, Mehlburger, Shackelford and Hubbell - total 4; Absent - Directors Bussey and Jones - total 2. A quorum was declared present and a brief statement was made by Director Shackelford that there would be no further discussion regarding Cable Television. I With there being no further business to be considered, a motion was made by Director Mehlburger, seconded by Director Langston, to adjourn the meeting and convene in regular i fsession. The motion was unanimously adopted, therefore the meeting was adjourned. C �I II �, ATTEST: alil . �41 le� APPROVED: j I �p L alt • � ! �`v"' 'I City Clerk Mayor f i n IV I, ! I^ I i I i IA w di Board of Directors Chamber Little Rock, Arkansas ' May 1, 1979 - 7:35 P. M. R The Board of Directors'of the City of Little Rock, Arkansas met in regular session with Mayor Keith presiding and Jane Czech, City Clerk, and the following Directors present: Directors Langston, Mehlburger, Shackelford and Hubbell - total 4; Absent - Directors Bussey and Jones - total 2. It was announced that a quorum was present, and the meeting proceeded as herein recorded: The Invocation was given by Director Langston. The first presentation from the Official Agenda consisted of the Consent Items,.described as follows: (a) The Minutes of the previous meeting held April 17, 1979 and the reconvened meeting held April 25, 1979. (b) The Financial Statement of the Municipal Judges Retirement Fund - December 31, 1978 and 1977. (c) Resolution No. 6,143, entitled: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR FIRE PULER TRUCKS, A ONE -TON ROLLER AND TRAILER, AUTOMOBILES, PICKUP TRUCKS, DUMP TRUCKS, AND TRACTOR TRUCKS AND TRAILERS; AND FOR OTHER PURPOSES; (d) Resolution No. 6,144, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISPOSE OF SURPLUS FIREFIGHTING EQUIPMENT; AND FOR OTHER PURPOSES; (e) Resolution No. 6,145, described as: A RESOLUTION EXPRESSING THE DESIRE OF THE BOARD OF DIRECTORS THAT SEWER SERVICES BE EXTENDED TO UNINCORPORATED ISLANDS SUBJECT TO ANNEXATION BY THE CITY UNDER ACT 314 OF 1979; AND FOR OTHER PURPOSES; (f) Resolution No. 6,146, entitled: A RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE CETA ADVISORY COUNCIL AND CACETA STAFF REGARDING SUMMER YOUTH PROGRAMS; ALLOCATING FUNDS; AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATION FOR SUCH FUNDS TO THE U. S. DEPARTMENT OF LABOR; AND FOR OTHER ' PURPOSES; (g) (g) Resolution No. 6,147, containing the following title: A RESOLUTION CONTINUING AND EXPANDING THE POSITION OF DIRECTOR OF GOVERNMENTAL AFFAIRS; AND FOR OTHER PURPOSES; By motion of Director Langston, seconded by Director Mehlburger, and a present voting Aye, the Consent Items were dispensed with as follows: as written and summarized to the Board of Directors; (b) The Financial Fund was received and filed; and (c, d, e, f, and g).Resolutions No. 6 6,147, were read in full and adopted by the following roll call vote: Langston, Mehlburger, Shackelford and Hubbell - total S; Noes - None; Director Jones - total 2. roll call vote with all members (a) The Minutes were approved Statement of the Judges Retirem ,143, 6,144, 6,145, 6,146 and Ayes - Mayor Keith, Directors Absent - Director Bussey and Director Bussey was enrolled. A series of public hearings on the following Zoning Appeals followed next: An Appeal of the Planning Commission's denial on March 27, 1979 of Zoning Petitions No. Z -3320, Z -3321, Z -3322 $ Z -3324, submitted by Attorney Art Stuenkel for First Property Management Corporation, to rezone the Walnut Ridge Apartments, Greenwood Forest Apartments, Williamsburg Apartments and the Fox Run Apartments, all from "A" One- family District to "D" Apartment District, had been set for this time and place. Mayor Keith declared the public hearing to be open and Mr. Gus Allen, representing First MAY 1, 1979, Cont'd. Properties was the first speaker. He advised the Board of Directors that "D" Apartment is the only r classification that conforms because at the time the apartment complexes were built, they were outside the corporate limits. Mr. Richard Wood of the Department of Comprehensive Planning stated the petitions ' were denied because of "inappropriate use of the area." Upon question by Director Langston, he did I advise that at the time the apartments were constructed, they did comply with City requirements. Mr. Gary Dean, also speaking for the reclassifications stated, "these Developers went out of their way to cooperate with the City, and did not circumvent the City in any way." Mayor Keith then declared the II public hearings closed, and an Ordinance to reclassify the property was placed on first reading. (See Ordinance No. 13,637 as follows) Ordinance No. 13,637 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; (Walnut Ridge, Greenwood Forest, Williamsburg and Fox Run Apartments, from "A ",One- family District to "D" Apartment District) with the Ordinance being read the first time, followed by a motion from Director Langston to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Mehlburger 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 by Direct o Langston, again seconded by Director Mehlburger, 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 Keith, Directors Langston, Mehlburger, Bussey and Hubbell - total 5; Noes - Director Shackelford - total 1; Absent - Director Jones - total Whereupon, the Ordinance was declared PASSED. An Appeal of the Planning Commission's denial on February 27, 1979 of Zoning Petition No. Z -3318, submitted by Attorney Benjamin McMinn, to rezone 5419 Kavanaugh Boulevard, described as the East 90 ft. of Lots 10, 11 4 12, Block 3, Mountain Park Addition, from "A" One- family District to "D" Apartment District, had been set for this time and place. Return receipts of notification to objectors were filed with the City Clerk. Mayor Keith declared the public hearing open and Mr. McMinn presented his - request. He explained that the property was purchased for the purpose of constructing a Montessori , School and advised the property is surrounded by commercial property and is located across the street from the Post Office. Mr. J. T. McKinnon, Mr. Frank Wills, Sr., Mr. Harper Cooper and Pat Hurst were the residents in the area who spoke against the proposal. A protest petition was filed by Pat Hurst, bearing the signatures of approximately 100 persons opposed to the rezoning. In rebuttal Mr. McMinn pointed out that all of the persons who signed the petition do not live in the immediate vicinity. Mayor Keith declared the public hearing closed and a proposed Ordinance to reclassify the property was placed on first reading. A proposed Ordinance was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 5419 KAVANAUGH 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 Langston, which was seconded by Director Mehlburger, 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 subsequently read the second time, resulting in a motion again made by Director Langston, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion ✓' MAY 1, 1979, Cont'd. was seconded by Director Mehlburger, 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 Langston and Bussey - total 2; Noes - Mayor Keith, Directors Mehlburger, Shackelford and Hubbell - total 4; Absent - Director Jones -total 1. The Ordinance was then declared to have FAILED. A Public Hearing had been scheduled for this time and place to hear arguments pertaining to the Appeal requested by Attorney Edward L. Wright, Jr., for J. Michael Henderson and Gerald L. Breeding, of the Planning Commission's denial on February 27, 1979 of Petition No. Z -3315 to rezone property at the S/E corner of Rainwood and Green Mountain Drives; described as Part of Lots S $ 6, Morgan Sub- division, from "A" One- family District to "F" Commercial District. Mayor Keith then declared the public hearing open and Mr. Wright presented his request and displayed a sketch of the zoning in the surround- ing area. He advised that the property had been purchased for the purpose of constructing a convenience food store, and in his opinion, the site could be properly zoned "F" Commercial. No one was present to speak in opposition to the request, there was no further discussion and Mayor Keith declared the public hearing closed. A proposed Ordinance to reclassify the subject property was placed on first reading. I I III (See proposed Ordinance below) A proposed Ordinance was presented containing the following title: AN ORDINANCE RECLASSIFYING THE SOUTHEAST CORNER OF RAINWOOD DRIVE AT -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 said Ordinance being read the first time; after which, there was a motion by Director Hubbell, seconded by Director Shackelford 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 being six in number and two - thirds or more of the members of the Board of Directors - elect. The second reading of the Ordinance ensued and a subsequent motion was then made by Director Mehlburger, seconded by Director Shackelford, 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 six in number and two - thirds ing response: Ayes - Directors Langston and Bussey - total 2; Noes - Mayor Keith, Directors Mehlburger Shackelford and Hubbell - total 4; Absent - Director Jones - total 1. It was announced that the Ordinance had FAILED -to pass. Again presented was the Petition from A. F. House,'et al, by Attorney Vincent Foster, Jr., to vacate and close the unnamed street in Block 11, Hyland Homes 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. 6,134, with Notice thereof having been duly published on April 20, 1979 and April 27, 1979 as required by Law. Mayor Keith 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. 13,638 as follows) Introduced at this time was Ordinance No. 13,638, which did not contain an official title, but VACATES AND CLOSES THE UNNAMED STREET IN BLOCK 11, HYLAND HODS ADDITION; and there was a first reading of the Ordinance. A motion was then made -by Director Mehlburger, which was seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on second reading; with the motion being adopted by five Ayes, 1 Absent, and Director Hubbell Abstaining. The Ordinance was subsequently read the second time, resulting in a motion by Director Shackelford for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion or more of the members of the Board of Directors - elect. The third and last reading of the Ordinance ' IIII resulted in the taking'of an Aye -and No Vote on the passage of the Ordinance, which received the follow- ing response: Ayes - Directors Langston and Bussey - total 2; Noes - Mayor Keith, Directors Mehlburger Shackelford and Hubbell - total 4; Absent - Director Jones - total 1. It was announced that the Ordinance had FAILED -to pass. Again presented was the Petition from A. F. House,'et al, by Attorney Vincent Foster, Jr., to vacate and close the unnamed street in Block 11, Hyland Homes 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. 6,134, with Notice thereof having been duly published on April 20, 1979 and April 27, 1979 as required by Law. Mayor Keith 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. 13,638 as follows) Introduced at this time was Ordinance No. 13,638, which did not contain an official title, but VACATES AND CLOSES THE UNNAMED STREET IN BLOCK 11, HYLAND HODS ADDITION; and there was a first reading of the Ordinance. A motion was then made -by Director Mehlburger, which was seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on second reading; with the motion being adopted by five Ayes, 1 Absent, and Director Hubbell Abstaining. The Ordinance was subsequently read the second time, resulting in a motion by Director Shackelford for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion 120; MAY 1, 1979, Cont'd. — N was seconded by Mayor Keith adopted by five Ayes, 1 Absent and Director Hubbell again Abstainin g; 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 - Mayor Keith, Directors i' , Langston, Mehlburger, Bussey and Shackelford - total S; Noes - None; Abstaining - Director Hubbell - total 1; Absent - Director Jones - total 1. The Ordinance was then declared PASSED. Il Ordinance No. 13,639 was presented with the following heading:.. I AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND IX I MAKING SAME A PART OF THE CITY OF LITTLE ROCK AND ASSIGNING SAME JO WARDS; (Tract "B ", Town f, Country Estates - Court Order dated March 26, 1979) I with there being a first reading of the Ordinance. There was a motion at this time from Director ii Mehlburger, seconded by Director Hubbell, 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 II' 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 Mehlburger and Hubbell, respectively, and unanimously adopted by I 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 - Mayor'Keith, Directors i Langston, Mehlburger, Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - Director I Jones - total 1. Whereupon, the Ordinance was declared PASSED. Considered at this time was Ordinance No. 13,640, with the title being: AN ORDINANCE APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR A COMPUTER DISC DRIVE COMPONENT; AUTHORIZING AWARD OF A CONTRACT FOR THE COMPUTER DISC DRIVE COMPONENT AND WAIVING THE COMPETITIVE BIDDING REQUIREMENT; DECLARING AN EMERGENCY; 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 Shackelford, seconded by Director Langston, which was unanimously adopted by the Board Members present, being six in number and two - thirds or more of the I, members of the Board of Directors - elect. There was a second reading of the Ordinance, and a subsequent motion from Director Langston, seconded by Director Shackelford, for a further suspension of the rules to allow for the third and last reading of the Ordinance at this time. 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 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. The Emergency Section contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackel- ford and Hubbell - total 6; Noes - None; Absent - Director Jones - .total 1. It was therefore, declared that the Ordinance, together with the Emergency Section had been PASSED. Introduced next was Ordinance No. 13,641, with the caption being:, AN ORDINANCE APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR REPAIR OF HEAVY EQUIPMENT USED AT THE SANITARY LANDFILL; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance, followed by a motion from Director Shackelford, , seconded by Director Langston, that the rules be suspended and the Ordinance beplaced 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 Ordinance ensued. A motion was then made for a further suspension of the rules to provide for f - 2 MAY 1, 1979, Cont'd.. h the third and last reading of the Ordinance at this time, with the motion being made by Director Langston,l1 seconded by Director Shackelford, 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 I, 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford and Hubbell - total 6;..Noes - None; Absent - Director Jones total 1. l The Emergency Clause contained in Section 2 of the above Ordinance was read at this time and l,�l YY subsequently adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger.; Bussey, Shackelford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. It was announced that the Ordinance, and Emergency Section had PASSED. There was presented Resolution No. 6,148, entitled: III+ A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND WEYERHAEUSER COMPANY, PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR �l FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; which Resolution was then in full. A by Director Hubbell, by Director I� read motion was made seconded Langston, that the Resolution be adopted. The motion was submitted to a roll call vote which adopted the Resolution as herein described: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackel i 11 � ford and Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. The next presentation was Ordinance No. 13,642, described as: JJ, AN ORDINANCE APPROPRIATING $282,000.00 FOR CENTRAL ARKANSAS TRANSIT OPERATIONS; DECLARING AN o +� I EMERGENCY; AND FOR OTHER PURPOSES; which Ordinance was read the -first time: The original appropriation was for $220,000 representing the City's share of CAT's operating deficit for the last six months of 1979, but an additional $62,000 is needed to keep the bus system operating south of the river at the same level it was before North Little I+ Rock withdrew from the System. A discussion followed regarding the $62,000 additional appropriation. Director Hubbell said, "in'fairness, with all this turmoil I think we should support the system through 1979; for 1980 I want to take a very, very hard look at the system. Anytime any agency asks this City for more than. 500 000 it deserves scrutiny, - $ y, it deserves some. quest ions - -.I'll support.it now, but II next year maybe not." Director Langston supported the appropriation, but said he would not vote for any J more CAT appropriations this year. Director Mehlburger then made a motion that the Ordinance be amended to add: "That an additional $62,000 be appropriated from the unappropriated balance of the General Fund to cover the City of Little Rock's increased share of operating costs during 1979, due to the withdrawal �p of North Little Rock from the System." The motion was seconded by Director Shackelford and submitted to +j d the following roll call: Ayes - Directors Langston, Mehlburger, Bussey, Shackelford and Hubbell i total 5; Noes - Mayor Keith - total 1; Absent - Director Jones - total 1. With the amendment having been adopted, there was a subsequent motion from Directors Mehlburger and Shackelford, respectively, to I' suspend the rules and place the Ordinance, as amended, on its second reading. The motion was adopted by 1; the Board of Directors with 5 Ayes, Mayor Keith voting No, and 1 Absent, therefore the rules were suspended and the Ordinance was read the second time. A motion was then made by Director Shackelford, seconded by Director Bussey, for a further suspension of the rules and the placing of the Ordinance, as �ll amended, on third and final reading; with the motion being adopted by a vote of 5 Ayes, Mayor Keith voting No, and 1 Absent. 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 as follows: Ayes Directors Langston, Mehlburger, Bussey, Shackelford and Hubbell - total -S; Noes - Mayor Keith - total 1;1 Absent - Director Jones - total 1. f -- — - IT ✓ .122 V I I MAY 1, 1979, Cont'd. The Emergency Section, being Section 3 of the foregoing Ordinance, was read and adopted by the following roll call vote: .Ayes - Directors Langston, Mehlburger, Bussey, Shackelford.and Hubbell - i total S; Noes - Mayor Keith - total 1; Absent - Director Jones - total I. The Ordinance, together ' with the Emergency Section, was then declared PASSED. Introduced at this time was Ordinance No. 13,643, with the title being: P AN ORDINANCE AMENDING ORDINANCE NO. 13,553; AND FOR OTHER PURPOSES; (Establishing inspection and report fees for services performed by the Little Rock Fire Department) V with the Ordinance being read the first time. -There was a�motion made at this time by Director Hubbell, seconded by Director Langston, 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 Ordi- nance following. A subsequent motion was again made by Director J-iubbell, seconded by Director Langston, for a further suspension of the rules and the placing of the Ordinance on third and final reading; with it the motion being 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 question, Shall the Ordinance Pass, with the vote being recorded herein as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford and Hubbell.- total 6; Noes - None; Absent - Director Jones - total 1. The Ordinance was therefore; declared PASSED. Ordinance No. 13,644 was presented, entitled: - _ i� i AN ORDINANCE TO AMEND SECTIONS 18- 10(a)(3), 18 -32(a) AND (b), AND 18 -71 OF THE LITTLE ROCK CODE OF ORDINANCES (HOUSING CODE) TO CHANGE THE INITIAL RESPONSE PERIOD TO THIRTY (30) DAYS; AND FOR OTHER ii PURPOSES; j I and there was a second reading of the Ordinance, having been read the first time on April 17, 1979. A V�motion was made by Director Bussey, seconded by Director Mehlburger to amend Section 1 of the Ordinance to read, 11(3) Require that all necessary:permits be secured and work commenced within thirty (30) days and continued to satisfactory completion within such time as the building.official determines." The I motion was adopted by the following roll call vote: Ayes - Directors Langston, Mehlburger, Bussey, Shackelford and Hubbell - total 5; Noes - None; Abstaining - Mayor Keith - total.l;. Absent - Director Jones - total 1.- A subsequent motion followed from Director Bussey, again seconded by Director NMehlburger, for the suspension of the rules to provide for the third and final reading of the Ordinance, Y as amended, and adopted by a vote of 5 Ayes, Mayor Keith Abstaining and 1 Absent. The third and last I� reading of the-Ordinance followed, and the Aye and No Vote taken on the passage of the Ordinance:is I recorded as follows: .Ayes - Directors Langston, Mehlburger, Bussey, Shackelford and Hubbell - total 6; Noes - None; Abstaining - Mayor Keith - total 1; Absent - Director Jones - .total 1. The Ordinance was I, then declared PASSED. The next presentation was Ordinance No. 13,645, with the following description: AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE OF 1978, SUBJECT TO THE AMENDMENTS.HEREIN PROVIDED AS THE ELECTRICAL CODE FOR THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; and there was a second reading of the Ordinance, with the first reading having occurred on April 17, 1979. A motion followed from Director Bussey, seconded by Director Mehlburger, that the rules be suspended and the Ordinance be placed on third and final reading. The motion was adopted by a vote of five Ayes, Mayor.Keith Abstaining and 1 Absent. The Ordinance was then read the third and last.time, and the Aye and No Vote taken on the question, Shall the Ordinance-Pass, is recorded as follows: Ayes - ' % Directors Langston, Mehlburger, Bussey; Shackelford and Hubbell - total 5; Noes - None; Abstaining - Mayor Keith - total 1; .Absent - Director Jones - total 1. It was announced that the Ordinance had PASSED. i MAY 1, 1979, Cont'd.. The last Ordinance.to be presented was No. 13,646, with the title being: 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; with the Ordinance being read the second time having been read the first time on April 17, 1979. The Electrical Examining Board had reviewed and recommended several amendments to the proposed Ordinance, and a motion was made by Director Bussey, seconded by Director Mehlburger, that the Ordinance be amended as follows: Section 12 -2, Subparagraph F, add two paragraphs: 11(4) When an existing residential structure is converted to nonresidential use, the existing concealed nonmetallic wiring system, such as nonmetallic'sh6athed cable and knob - and -tube wiring, shall be permitted to remain and be used provided.it does not constitute a hazard to life or property and provided said wiring is not altered and.is used within the scope of its design. New wiring shall be installed according to'the requirements of Section 12- 2(B -E) of this code. ,All existing wiring shall have overcurrent protection according to.its rated ampacity. (See Article 240 of'the National Electrical Code.) (5) When any wall of ceiling surface of any existing structure is removed exposing the framing members, that portion of wall or ceiling, where practical, shall be wired according to the requirements for new structures." Section 12 -2, Subparagraph S, add new paragraph S to read as follows: ' "Section 210 -8 -A1 of the 1978 National Electrical Code is hereby amended to read as follows: 210 -8. Ground -fault Circuit Protection. A. Dwelling Units. 1. All 120 -volt single- phase, 15 and 20 ampere receptacles installed in bathrooms and one designated receptacle in each garage of dwelling units, when the outdoor receptacle is installed, shall have ground fault circuit interrupter protection for personnel. When the outdoor receptacle is not installed, bathroom receptacles and designated garage receptacles do not have to be protected by ground fault circuit protection." Section 12 -3, Paragraph C, amended to read: "All permits required for electrical work of any nature covered by the Electrical Code as adopted by the City of Little Rock must be secured by the Master Electrician or his authorized representative prior to the commencement of such work. Exception: A building contractor shall be permitted to secure electrical permits and to request inspections on temporary power centers for use during construction of one and two - family dwellings. The permit may be taken and scheduled for inspection the following workday or it may be placed on a special "will call" file to be held until being requested. The actual construction and maintenance of the temporary construction meter shall be done by a licensed electrical contractor. When a reinspection fee is required as a result of an improper installation, it shall be secured by the electrical contractor making the correction." The motion by Directors Bussey and Mehlburger, was adopted by 5 Ayes, Mayor Keith Abstaining and 1 Absent, therefore, the Ordinance was amended as described - above. A subsequent motion was made by Director Bussey, seconded by Director Mehlburger, to suspend the rules and place the Ordinance, as amended, on third and final reading. This motion was also adopted by a vote of 5 Ayes, Mayor Keith Abstaining and 1 Absent. The Ordinance, as amended, was read the third and last time with an Aye and No Vote being taken on the question, Shall the Ordinance Pass, with the vote being recorded herein as follows: Ayes - Directors Langston, Mehlburger, Bussey, Shackelford and Hubbell - total 5; Noes - None; Abstaining - Mayor Keith - total 1; Absent - Director Jones - total 1. The Ordinance, as amended, was then declared PASSED. Resolution No. 6,149 was presented, and entitled: A RESOLUTION MAKING APPOINTMENTS TO THE ADVERTISING AND PROMOTION COMMISSION, THE SIGN BOARD OF REVIEW AND THE SEWER COMMITTEE; AND FOR OTHER PURPOSES; (Mrs. Ernestine M. Towns; Mrs. Kathy Johnson and Mr. Bob Lowery, III; and Mr. Theodore C. Treadway, III, respectively) and said Resolution was read in full. A motion was then made by Director Hubbell that the Resolution be adopted. The motion was seconded by Director Langston after which a roll call was taken and the 1241 ' I MAY 1, 1979, Cont'd. I i Resolution was adopted as'follows: Ayes -Mayor Keith,'Directors Langston, Mehlburger, Bussey, I Shackelford and Hubbell - total '6; Noes - None; Absent - Director Jones - total 1. Under "Citizen Communications" Mrs. Jeanne Whitesell, president of the American Association of I University Women, read a prepared statement on the status of'women. Her statement included remarks on women in municipal government, pointing out that there are two very capable women on the Board'of Directors who could serve with distinction as mayor of Little'Rock. I e Mr. Dick.Williams of 5800 Evergreen Drive, presented a protest petition to the Board of Directors pertaining to the passage of .Ordinance No. 13,552 which raised the cost of­obtaining'aii accident report from $2.00 to $10:00. Tlie petition indicated that "the fee for copying a'report should not'be a revenue raising measure for the'City, and that the additional charge will be passed on to persons carrying automobile insurance by way of increased premiums. The petition requested the revocation of Ordinance No. 13,552 and the re- establishment of the $2:00 charge. The petition was received and filed. There being no other business to be presented or to come before the Board of Directors, upon r j, motion of Director Hubbell, seconded by Director Mehlburger, the-meeting was adjourned at 9:25 o'clock j' P. M., to meet again in regular session on Tuesday, May 15, 1979 at 7:30 o'clock P. M. , ATTEST: ���,,� o / APPROVED: ' City Clerk Mayor it iJ I ti I i I I I I I I II . i Board of Directors Chamber Little Rock, Arkansas ' May 15, 1979 - 7:40 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Keith presiding and Jane Czech, City Clerk, and the following Directors present: Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. At 7:00 o'clock P. M. a presentation was made by Mr. George Wittenberg, chief architect on the Riverfront Development Project. He showed drawings and outlined plans for the project with the cost set at $8,000,000 upon completion. Due to this presentation, the official meeting was delayed until 7:40 P. M. It was announced that a quorum was in attendance and the meeting proceeded as herein recorded: The Invocation was given by Director Mehlburger. The first Order of Business was a Public Hearing, which had been scheduled for this time and place on the annexation of eight "islands" surrounded by the incorporated limits of the City of Little Rock. Mayor Keith declared the Public Hearing open and invited those wishing to speak to come forward. There were no persons present to speak either for or against the annexations and the Public Hearing was declared closed and the Ordinances presented as follows: Ordinance No. 13,647, containing the following title: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ( "Barksdale Island ") with the Ordinance being read the first time, followed by a motion from Director Hubbell to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Mehlburger and adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or mor 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 Director Mehlburger, seconded by Director Hubbell, 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the above Ordinance was read at this time and sub- sequently adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance and Emergency Section had PASSED. Ordinance No. 13,648, entitled: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ( "Reform School Island ") and there was a first reading of the Ordinance. A motion was then made by Director Hubbell, which was seconded by Director Mehlburger, that the rules be suspended and the Ordinance be placed on second read- ing; 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 sub- sequently read the second time, resulting in a motion made by Director Mehlburger for a further suspen sign of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Hubbell, 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; with the outcome MAY 15. 1979. Cent' being a third and last reading of the Ordinance. There was an Aye and No Vote then taken on the quest Shall the Ordinance Pass, resulting in the following vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. , The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackel Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. Ordinance No. 13,649 with the title being: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ("Rodney Parham Island ") which Ordinance was read the first time. A motion then followed which suspended the rules and placed the Ordinance on its second reading, with the motion being made by Director Hubbell, seconded by Di Mehlburger, 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 at this time; after which the rules were again suspended to allow for the third and final read ing of the Ordinance by a motion made and seconded by Directors Mehlburger and Hubbell, respectively, andl unanimously adopted by the Board Members present,_being seven in number and two- third's 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 with the resulting vote being: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None;. Absent - None. The Emergency Section being Section 3 of the above Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance with the Emergency Section was declared PASSED. Ordinance No. 13,650, with the following heading: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ( "Knight Inventory Island ") and after a first reading of the'Ordinance, there was a motion from Director Hubbell to suspend the ru and place the Ordinance on its second reading. The motion received a second from Director Mehlburger, 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. 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 Mehlburger, seconded by Director Hubbell, and adopted by unanimou 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 is described as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - 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'vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, ' Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance., together, with the Emergency Section,'had PASSED. Ordinance No. 13,651, with the caption being: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF MAY 15, 1979, Cont'd. THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; �I ( "State Hospital Island ") I and after a first reading of the Ordinance, there was a motion by Director Hubbell to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Mehlburger i 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 Mehlburger, seconded by Director Hubbell, for a further suspension of H the rules to permit the third and final reading of the Ordinance at this time; which motion was un- animously adopted by members of the Board of Directors present, being seven in number and two - thirds orl�'; 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 described as follows: Ayesll� IIi Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of Ordinance No. 13,651 was then read and submitted to the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. i Ordinance No 13,652, entitled: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF l THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ( "Highway 10 and Interstate 430 Island ") and there was a first reading of the Ordinance. The rules were then suspended and the Ordinance was placed on second reading, by motion of Director Hubbell, seconded by Director Mehlburger, and 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. 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 i reading of the Ordinance; with the motion being made by Director Mehlburger, seconded by Director N Hubbell, and adopted by unanimous vote of the members of the Board of Directors present, being seven I, 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 resulting vote being recorded as follows: Ayes - Mayor Keith, Directors I! Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. +III The Emergency Clause contained in Section 3 of the above Ordinance was read at this time and I subsequently adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance and Emergency Section had PASSED. !! Ordinance No. 13,653, described as: I�I AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; �i l (!.'.State Highway Right -of- Way ") with there being a first reading of the Ordinance, followed by a motion from Director Hubbell, seconded f!� by Director Mehlburger, that the rules be suspended and the Ordinance be placed on second reading. The i 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 a second reading of the Ordinance 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 Mehlburger+i seconded b Director Hubbell and unanimous) adopted b members of the Board of Directors I11lii' Y y p y present be in - seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a i MAY 15, 1979, Cont'd. 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; ,Noes - None; Absent - None. , The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance and the Emergency Section, were declared PASSED. Ordinance No. 13,654, with the title being: AN ORDINANCE ANNEXING CERTAIN LANDS-THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ( "East Belt Freeway") and there was a first reading of the Ordinance. A motion was then made by Director Hubbell, which was seconded by Director Mehlburger, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance subsequently read the second time, resulting in a motion by Director Mehlburger for a further suspension , of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Hubbell, 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; 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of Ordinance No. 13,654 was then read and submitted to the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. The foregoing annexations having been accomplished, the Consent Items were considered next and are described as follows: (a) The Minutes 6f the previous meeting held on May 1, 1979. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of March, 1979. (c) Resolution No. 6,150, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR COMMERCIAL TRASH COLLECTION, FOR A TAPE RECORDER AND REPRODUCER;, AND FOR LIQUID ASPHALT; AND FOR OTHER PURPOSES; By motion of Director Hubbell, seconded by Director Mehlburger, 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 Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; and (c) Resolution No. 6,150 was read in full and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - .None. The following Zoning Petitions, as approved by the Planning Commission, were then presented for consideration by the Board of Directors: , Z -3290 - Petition by John Allen for property vested in Derol M. May, to rezone 215 North Shackle - ford Road (long legal description) in the City of Little Rock, from "A" One- family District to "F" Commercial District. Z -3339 - Petition by Jack Taylor for property vested in James D. Edwards, to rezone 2612 Abigail 50 ft. of Lots 1 B 2. Block 1129 MAY 15, 1979, Cont'd. Little Rock, from "B" Residence District to "C" Two - family District. Z- 2469 -C - Petition by Russell H. Clark, to rezone 8120 West Markham Street (long legal descriptionl� ' from "A" One- family and "E -1" Quiet Business Districts to "MF -18" Multi - family District. Z- 2671 -A - Petition by the City.of Little Rock, property vested in Danny Thomas, et al, to rezone the Towne Park Addition located at Reservoir and Treasure Hills Roads (long legal description), from l "MF -24" Multi- family District to 'IMF-1811 Multi - family District. `1 Z- 3140 -A - Petition by the City of Little Rock, property vested in Charles McDade, to rezone i III East Sanford Addition (long legal description), from 'IMF-1211 Multi- family District to "A" One - family District. As there was no opposition presented to the,proposed reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,655, I as follows) Ordinance No. 13,655 was presented, described as: AN ORDINANCE RECLASSIFYING 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; III with there being a first reading of the Ordinance, followed by a motion from Director Hubbell, seconded by Director Jones, that the rules be the Ordinance be The I,I i suspended and placed on second reading. motion was adopted by unanimous vote of the members of the Board of Directors present, being seven in 6 number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of III I the Ordinance 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 Mehlburger,j) seconded by Director Shackelford, 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 ICI a third and last reading.of the Ordinance, resulting in an Aye and No Vote being taken on the question, hail II I�I I Shall the Ordinance Pass, and the vote is herein recorded as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger (with the exception of Z -3290; abstained due.to conflict of interest), Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declaredl�I' PASSED. Zoning Petition No. Z -3337 was next presented from Bek Kaiser, to rezone 813 Beechwood Avenue, described as Lots 11, 12, 13 $ 14, Block 19, Pulaski Heights Addition to the City of Little Rock, from "A" One- family and "C" Two- family Districts 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 �I to reclassify this property was placed on first reading. (See Ordinance No. 13,656 below) Vlj There was presented at this time, Ordinance No. 13,656, entitled: I� AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 813 BEECHWOOD IN THE CITY OF LITTLE ROCK, ARKANSAS I�AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (li �II and there was a first reading of the Ordinance. A motion was then made by Director Hubbell, which was seconded by Director Shackelford, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion by Director Mehlburger for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was ,rs. ' seconded by Director Jones, 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; with the it outcome being a third and last reading of the Ordinance. There was an Aye and No Vote then taken on II the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - 'Mayor Keith, DirectorsI+ 0 MAY 15, 1979, Cont'd.. Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. The next presentation was an Appeal of the Planning Commission's denial on April 24, 1979 of Zoning Petition No. Z -3335, submitted by Fausett $ Company for M. A. Smith, requesting the rezoning of S15 Hardin Road, described as Tracts 4 $ 13 of the Plat of West Highland Subdivision in the SE',, Sectio 4, Township 1 North, Range 13 West, from "A" One - family District to 11E -1" Quiet Business bistrict. A motion was made by Director Langston, seconded by.Director Mehlburger, 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 5, 1979 at 7:30 o'clock P. M. Introduced at this time was Ordinance No. 13,657, with the title being: ORDINANCE OF- THE' IBOARD -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; (Unitarian Church Property at 1818 Reservoir Road - Court Order dated April 4, 1979). with there being a first reading of the Ordinance, followed by a motion from Director Shackelford, seconded by Director Bussey, 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 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 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 birector Mehlburger seconded by Director Shackelford, 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 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Another Annexation Ordinance, No. 13,658, was presented, containing the following caption.: 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; (Property located on Bunch Road, containing 1,.032 acres - Court Order dated April 10, 1979) and upon first.reading of the Ordinance, a discussion ensued regarding municipal services to the area. Director Jones questioned the response time for fire service to the area since it is located about five miles froma fire station. Upon question by Director Langston, City Manager Carleton E. McMullin advised that the first tax dollars from the properties would be received upon population certification of the 1980 Census. Police Chief Simpson explained•there is no way an annexation of this magnitude could not have some impact upon fire and police protection. It was the consensus that the proposal is a meaningful annexation, there was no further discussion, and a motion was made by Director Shackelford to suspend the rules and place the Ordinance on its second reading. The motion received a second by Director Bussey 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 then followed from Director Mehlburger, seconded by Director Shackelford 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 - -- Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones total 7; Noes - None; Absent - None. Mayor Keith announced that the Ordinance had PASSED. Zoning Petition No: Z- 3330:was the next presentation. The applicant was the First Church of God S/ 0 MAY 15. 1979. Cont'd. and represented by Mr. Don R. Venhaus, Land Use Consultant for McKay $ Company, Developers, requesting property on West 83rd Street described-as the Wi of Tract 13; Arnold's Highland Acres, be rezoned from "A" One - family District to 'IMF-1211 Multi- family District, as approved by the Planning Commission. Mr. Venhaus presented the request for rezoning and advised that the property cannot be utilized as "A" One - family usage. Several property owners in the area were present to oppose the 'IMF-1211 classification; the first to speak being Ms. Pat Noller. She stated that this - development would increase flood possibilities and present health hazards. David.L. Wiggins, Pastor of the Cloverdale Assembly of God Church, told the Board of Directors that additional.paving. would create more problems with flooding and devaluate the Church property. Mr. J. K. Williams and Mr. 0. S. Scogin presented opposition for the reasons stated above. In rebuttal, Mr. Venhaus stated that surface water is a problem regardless of the usage of property. Upon question by Director Mehlburger; Mr. Venhaus advised that he did not know if this is a legal subdivision or not. There was no further discussion and a proposed Ordinance to reclassify the property was placed on first reading. (See proposed Ordinance below) A proposed Ordinance was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE NORTH SIDE OF WEST 83RD. STREET IN THE CITY OF ' IIIIII LITTLE ROCK, AND O A KR OTHER PURPOSES; 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS with the Ordinance being read the first time. A motion was made by Director Mehlburger, seconded by Director. Jones for the suspension of the rules to place the Ordinance on second reading. A roll call was taken on the suspension of the rules and is recorded as follows:. Ayes - Directors Mehlburger, Shackelford and Jones - total 3; Noes - Mayor Keith, Directors Langston, Bussey and Hubbell - total '4; Absent - None. Therefore, the Ordinance remained on the.calendar for second reading. At this point in the meeting, a public hearing was held with two .groups participating; the Arkansas Adjusters Association and Arkansas Citizens Concerned About Crime. Mr. Alvin Laser of the Adjusters Association requested that Ordinance No. 13,552 increasing accident report fees from $2.00 to $10.00 be amended or rescinded. Upon question by Director Langston, City Manager Carleton E. McMullin advised that some people come in and copy the information down rather than obtain a copy and pay the $10.00 charge, thereby reducing revenue from this source. Director Mehlburger advised that he will propose an amendment to the Ordinance at the next Agenda Meeting. Mr. Troy Braswell, Chairman of the Citizens Group, questioned what the Board has done about it`s No. 1 Priority, namely Crime. Director John Langston gave a report of update on actions taken to obtain additional-policemen (this report is filed in "Petition Drawer" with May 15; 1979 information and reports). Mr. Carl Ledbetter spoke regarding drug abuse among the youth of our community; Ms. Peggy Veatch suggested an analysis of manpower utilization in the Police Department; and Betty Jo Stephens and Billy Jo Humphrey were concerned about added police protection. Mr. Braswell told the Board that citizens feel the priorities are: 1. Zoning; 2. Cable TV; 3. CAT Buses; 4. Convention Center;, and S. Crime. Director - Langston assured Mr. Braswell the priorities are Police, Fire and Drainage, in that INorder. The Public Hearing was then declared closed. Ordinance No. 13,659 was presented, with the title being: AN ORDINANCE APPROPRIATING FUNDS FOR THE PURCHASE OF THE BLOCK -MEEKS BUILDING FOR TRAFFIC SIGNAL EQUIPMENT; AND FOR OTHER PURPOSES; ($115,000 appropriation - building located at 7th $ Broadway) and there was a first reading of the Ordinance. A motion was made by Director Mehlburger, which was seconded by Director Langston, that the rules be suspended and the Ordinance,be placed on second reading with the motion be 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 sub- sequently read the second time, resulting in a motion.by Director Hubbell for a further suspension of MAY 15, 1979, Cont'd. the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Shackelford, 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; 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 - Mayor Keith, Directors.Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None;. Absent - None: Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 13,660, entitled: 1 AN ORDINANCE APPROPRIATING FUNDS FOR .THE.EUTHANASIA PROGRAM AT THE LITTLE ROCK ANIMAL SHELTER; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance, followed by a motion from Director Shackelford, seconded by Director Jones, 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 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 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 Mehlburger, seconded by Director Langston, 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 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 ­Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7-; Noes - None;i Absent ni None. The Ordinance was then declared PASSED. At this time, Resolution No. 61 151 was presented, with the following caption: A RESOLUTION'AUTHORIZING THE TRANSFER OF THE BALANCE REMAINING IN-THE 'PORT BOND REDEMPTION FUND TO THE CITY GENERAL FUND; AND FOR OTHER PURPOSES; ($71,432.89) and there was a complete reading of the Resolution; after which a motion from Director Hubbell, seconded by Director Jones, resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. I Resolution No. 6,152 was presented, with the title being: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND WRAPE FOREST INDUSTRIES, 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;.. ($1,000,000) with there being a full reading of the Resol ution, which was thereafter adopted upon motion of Director Hubbell, seconded by Director Jones, and by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None;. Absent - None. Then presented was Ordinance No. 13,661, with the description being: 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 BUILDINGS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (704i W. 9th, Owner - Leon Adams $ Wife; 704, W. 9th, Owner - -Allen Green, G -Bar Ranch) 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 Hubbell, seconded by Director Langston, and by- unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of the MAY 15, 1979, Cont'd. 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 Mehlburger, seconded by Director Langston, 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, the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was therefore, declared that the Ordinance, together with the Emergency Section had been PASSED. Resolution No. 6,153 was considered next and entitled: A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK OF THE CITY OF LITTLE ROCK, ARKANSAS, TO EXECUTE AND DELIVER A RELEASE AND EXTINGUISHMENT OF A SEWER EASEMENT ACROSS THE PROPERTY OF THE UNITARIAN UNIVERSALIST CHURCH OF LITTLE ROCK; with the Resolution read in its entirety. A motion by Director Jones, seconded by Director Shackelford, was then made and resulted in adoption of the Resolution by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Ordinance No. 13,662 was presented, described as: AN ORDINANCE ISSUING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; AND FOR OTHER PURPOSES; CFranklin D. Jackson) and said Ordinance was read the first time; after which there was a motion by Director Hubbell, seconded by Director Jones, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, a motion was again made to suspend the rules to allow for the third and final reading of the Ordinance at this time; with the motion being made by Director Shackelford,, seconded by Director Jones, 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. 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 - Mayor Keith, Directors Langston, Shackelford, Hubbell and Jones - total 5; Noes - Directors Mehlburger and Bussey - total 2; Absent - None. Mayor Keith then declared the Ordinance PASSED. Under "Citizen Communications" Mr. Donald W. Mock, Jr, of 4613 Grand Avenue presented complaints to the Board of Directors pertaining to the animal shelter. He said numerous calls have been made to the shelter to pick up dogs, but no response to any of them was received. As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Hubbell, seconded by Director Mehlburger, 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, June S, 1979 at 7:30 o'clock P. M. ATTEST: VAn4C- e City Clerk,._ "'C001� 0, (,�, " / �* Mayor Board of Directors Chamber Little Rock, Arkansas June 5, 1979 - 7:30 P. M. , The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Keith presiding and Jane Czech, City Clerk, and the following Directors present: Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. It was announced that a quorum was present and the meeting therefore proceeded as herein recorded: The Invocation was given by Vice Mayor Bussey. The Consent Agenda was presented first, and consisted of the following items: (a) The reading of the Minutes of the previous meeting held May 15, 1979. (b) Resolution No. 6,154, entitled: A RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING THE ANNEXATION OF CERTAIN LANDS. (Four unincorporated islands: Green Mountain, Riggs, Northwest Little Rock and Pankey Islands - Public Hearing date July 3, 1979)• I. (c) Resolution No. 6,155, with the'title being: A RESOLUTION "ACCEPTING BIDS ANDIAUTHORIZING THE CITY 'MANAGER TO AWARD 'CONTRACTS FOR FOUR SANITATION TRUCKS; FERTILIZERS; CHEMICALS; LIMESTONE AND PEA GRAVEL;'TIRES AND' TUBES; DEMOLITION OF CERTAIN STRUCTURES, CONSTRUCTION AND IMPROVEMENT OF PARKING LOTS, SIDEWALKS, ROADS, CURBS AND GUTTERS FOR BOYLE AND RESERVOIR PARKS; THE 1979 SLURRY SEAL PROGRAM; FIRE HOSES AND NOZZLES; MILK; AND STREET IMPROVEMENTS FOR SOUTH LITTLE ROCK AND WOODRUFF - SCHOOL 4TH YEAR CDBG PROJECTS; AND FOR OTHER PURPOSES. ` (d) Resolution No. 6,156,'described as: A RESOLUTION REPEALING THAT PORTION OF RESOLUTION NO. 6143 WHICH REFERS TO BID`S' ITEM NO. 7 FOR ONE- QUARTER TON PICK -UPS; CANCELLING A'PREVIOUS BID AND ACCEPTING A PREVIOUS BID; AUTHORIZING A NEW AWARD OF A CONTRACT; AND FOR OTHER PURPOSES. (e) Resolution No.-6,157, containing the following title: A RESOLUTION AUTHORIZING THE EXPENDITURE OF THE BALANCE OF FUNDS REMAINING IN THE MUNICIPAL COURT FACILITY ACCOUNT AND THE CITY BUILDINGS AND FACILITIES ACCOUNT TO BE USED FOR REPAIRS AND RENOVATION OF THE COMMUNITY SERVICES BUILDING; AND FOR OTHER PURPOSES. ($28;237.00 and $7,832.00; respectively)' (f) Resolution No. 6,158, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN - FAVOR OF WEYERHAEUSER COMPANY PURSUANT TO-AN•OPTION TO-PURCHASE ENTERED INTO BY THE LITTLE ROCK PORT AUTHORITY AND THE SAID WEYERHAEUSER COMPANY, AS TO TRACT C, AREA 103 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. (10.03 Acres) (g) Resolution No. 6,159, described as: • . A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR-HERITAGE CONSERVATION RECREATION SERVICE FUNDS FOR THE BIG CAT DISPLAY AT THE ZOO OF ARKANSAS; AND FOR OTHER PURPOSES. , JUNE 5, 1979, Cont'd.. total 7; Noes - None; Absent - None. After the approval of the Consent Items, a proposed Ordinance was presented, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 12,649, AND THE BUILDING CODE ADOPTED THEREBY, BY PROVIDING AN ADDITIONAL EXEMPTION UNDER THE PROVISIONS FOR THE HANDICAPPED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. Mr. Victor Fleming, Attorney representing Hodges, Vines, Fox, Allen $ Associates, presented a request for a limited exception to Ordinance No. 13,618 which requires that 100 of all condominium units conform to minimum space and height requirements of the building code for the handicapped. This requirement presents a hardship in the probability that there would not be a sufficient number of potential buyers among the handicapped population to bring about sale of the dwelling units constructed. The condominium market is such that a vast number of sales to inhabitants occur at a stage of construction at which interior dimensions may be, within reason, suited for the prospective inhabitant. Mr. Fleming stated that the limited exception imposes flexibility and good faith upon condominium developers; adding, that a date has been set for Mr. Delbert Lewis and Mrs. Galbraith to meet with Mr. Hodges, in an effort to accomplish a compromise. At this point, he requested that the ordinance be left on the calendar for second reading at the first Board of Directors' meeting in July (3rd). Mr.. Delbert Lewis with the State Rehabilitation Services Division advised that compromises were built into the ordinance when it was written last year, reminding that it only mandates loo access requirements to accommodate the handicapped citizens. A group of handicapped persons were also present in opposition to the exception. There was no motion offered for the suspension of the rules, therefore the ordinance remained on the calendar for second reading on July 3rd. Presented for consideration at this time was a proposed Ordinance, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE NORTH SIDE OF WEST 83RD 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; (Z -3330 - W-z Tract 13, Arnold's Highland Acres, from "A" One- family District to 'IMF-1211 Multi- family District) and the Ordinance was read the second time, having been read the first time on May 1S, 1979. Mr. Don Venhaus, Land Use Consultant for McKay and Company, again presented the request for rezoning of the subject property to 'IMF-1211 Multi- family District as recommended by the Planning Staff and approved by the Planning Commission by a vote of 6 Ayes, 1 No and 4 Absent. Mr. Venhaus read a letter from Mr. J. C Summerlin of Summerlin Associates, Inc, regarding drainage in the area. He explained that storm drainag requirements would be practically the same for 'IMF-1211 Multi - family usage as "A" One- family classificati He stated the present zoning is not reasonable or usable and that the impacts of this project would be minimal in terms of the overall problems addressed by the neighbors. Upon question by Director Langston Mr. Venhaus said that this proposal will not contribute substantially to the traffic problems on 83rd Street; adding that to his knowledge, nothing has been done to upgrade this street. Mr. J. K. Williams of 6424 Tulip Road was the first person to be heard in opposition. He advised there are 1,800 children attending the two area schools to be concerned about, and that the question seems to be, "whether this company will make a profit, or whether we will go on enjoying our neighborhood." Rev. David L. Wiggins of 6111 West 83rd Street told the Board he "would appreciate you taking into consideration, the petition signed by my people," expressing belief the Board would make the right decision. Mr. 0. L. Scogin of e By a motion from Director Mehlburger, seconded by Director Bussey, which was adopted by unanimous voice vote of the Board Members present, the Minutes of the previous meeting held May 15, 1979 were approved ' as written and summarized to the members of the Board of Directors; and (b, c, d, e, f and g) Resolution No. 6,154, 6,155, 6,156, 6,157, 6,158 and 6,159 were read in full and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. After the approval of the Consent Items, a proposed Ordinance was presented, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 12,649, AND THE BUILDING CODE ADOPTED THEREBY, BY PROVIDING AN ADDITIONAL EXEMPTION UNDER THE PROVISIONS FOR THE HANDICAPPED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. Mr. Victor Fleming, Attorney representing Hodges, Vines, Fox, Allen $ Associates, presented a request for a limited exception to Ordinance No. 13,618 which requires that 100 of all condominium units conform to minimum space and height requirements of the building code for the handicapped. This requirement presents a hardship in the probability that there would not be a sufficient number of potential buyers among the handicapped population to bring about sale of the dwelling units constructed. The condominium market is such that a vast number of sales to inhabitants occur at a stage of construction at which interior dimensions may be, within reason, suited for the prospective inhabitant. Mr. Fleming stated that the limited exception imposes flexibility and good faith upon condominium developers; adding, that a date has been set for Mr. Delbert Lewis and Mrs. Galbraith to meet with Mr. Hodges, in an effort to accomplish a compromise. At this point, he requested that the ordinance be left on the calendar for second reading at the first Board of Directors' meeting in July (3rd). Mr.. Delbert Lewis with the State Rehabilitation Services Division advised that compromises were built into the ordinance when it was written last year, reminding that it only mandates loo access requirements to accommodate the handicapped citizens. A group of handicapped persons were also present in opposition to the exception. There was no motion offered for the suspension of the rules, therefore the ordinance remained on the calendar for second reading on July 3rd. Presented for consideration at this time was a proposed Ordinance, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE NORTH SIDE OF WEST 83RD 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; (Z -3330 - W-z Tract 13, Arnold's Highland Acres, from "A" One- family District to 'IMF-1211 Multi- family District) and the Ordinance was read the second time, having been read the first time on May 1S, 1979. Mr. Don Venhaus, Land Use Consultant for McKay and Company, again presented the request for rezoning of the subject property to 'IMF-1211 Multi- family District as recommended by the Planning Staff and approved by the Planning Commission by a vote of 6 Ayes, 1 No and 4 Absent. Mr. Venhaus read a letter from Mr. J. C Summerlin of Summerlin Associates, Inc, regarding drainage in the area. He explained that storm drainag requirements would be practically the same for 'IMF-1211 Multi - family usage as "A" One- family classificati He stated the present zoning is not reasonable or usable and that the impacts of this project would be minimal in terms of the overall problems addressed by the neighbors. Upon question by Director Langston Mr. Venhaus said that this proposal will not contribute substantially to the traffic problems on 83rd Street; adding that to his knowledge, nothing has been done to upgrade this street. Mr. J. K. Williams of 6424 Tulip Road was the first person to be heard in opposition. He advised there are 1,800 children attending the two area schools to be concerned about, and that the question seems to be, "whether this company will make a profit, or whether we will go on enjoying our neighborhood." Rev. David L. Wiggins of 6111 West 83rd Street told the Board he "would appreciate you taking into consideration, the petition signed by my people," expressing belief the Board would make the right decision. Mr. 0. L. Scogin of e JUNE 5, 1979, Cont'd. 6415 Tulip Road, stated "greed is the prime reason behind this - - -we have material interests, our lives and our families." In rebuttal, Mr. Venhaus explained that the total structure and parking area would encompass only 30% of the total land area, with 70% in open space. ;Upon question by Director Hubbell, Mr. Venhaus advised that McKay 4 Company acquired this property by virtue of a trade. In response to a question from Director Jones regarding drainage, Mr. Summerlin who was'also present, advised that regardless of the method employed, the drainage ends up in the Cloverdale ditch. There was no further discussion and a motion then followed from Director Shackelford, seconded by Director Jones, that the rules 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 orI 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 being taken on the passage of the Ordinance and resulting as follows: Ayes - None; Noes - Mayor Keith, Directors Langston, Mehlbutger,'Bussey, Shackelford, Hubbell and Jones - total 7; Absent - None. Mayor Keith then announced that the Ordinance had FAILED to pass. A Public Hearing had been scheduled for this time and place on Zoning Appeal No. Z -3335, from Fausett $ Company for M. A. Smith, to rezone 515 Hardin Road, described as Tracts 4 and 13, West High- land Subdivision, from "A" One - family District to "E -1" Quiet Business District. Filed in connection with the appeal were notices and return receipts, signed by property owners within 200 feet of the subject property. The rezoning application was denied by the Planning Commission on April 24, 1979. Mr. Burton Speights, Executive Vice President of Fausett & Company and the applicant, presented the zoning proposal and explained that the proposed construction will not throw any additional water onto the neighboring Birchwood Addition. Mr. James W. Johnston, resident and spokesman for the Birchwood property owners, presented pictures showing natural drainage problems already existing. He also, presented a protest petition to the proposal, signed by residents of Birchwood, and requested those present to stand. Mr. Johnston's request was that the property not be rezoned; but, if zoned to "E -1 ", that a written agreement for protection in areas of drainage, utilities, opaque fence and a 25 ft. green belt along the north end of the property be provided. In rebuttal, Mr. Speights advised there is alread 20 feet and that an additional five feet can be provided for the green belt. He said, "we are trying to correct a problem for Birchwood!!_and that the 11E -1" Quiet Business Office will not be an eyesore. In Mr. Johnston's rebuttal, he stated there are problems; drainage that has been there for twenty years; that it will be compounded by 91 parking spaces with 136 spaces in the future; and he asked that this III I problem be corrected so there will be no increase in drainage. Upon question by Director Hubbell, Mr. Speights advised that he could not accept the Staff's recommendation of "E -1" on only the southern three - quarters of Tract 13. Mr. Joe White, Engineer with Ed Smith $ Associates told the Board that a drainage problem does exist but, that a 15' drainage easement running all the way to Shackleford Road does exist and if properly maintained, could handle the water at this time. In the general discussion, a Bill of Assurance regarding drainage was mentioned, but the question of whether or not it would be legall binding in connection with zoning arose, and a Motion was made by Director Hubbell, seconded by Director Mehlburger, to return the matter to the Planning Commission for further study. A roll call was taken on the Motion and the results are recorded as follows: Ayes - Mayor Keith, Directors Mehlburger, Shackelford, Hubbell and Jones - total 5; Noes - Directors Langston and Bussey - total 2; Absent - None. Therefore, the zoning proposal was RETURNED TO THE PLANNING COMMISSION. h The next presentation was an Appeal of the Planning Commission's denial on March 27, 1979 of Zoning) Petition No. Z -3326, submitted by Attorney Stanley Price for James A. Coyne, Jr., requesting the rezoning of 4.67 acres, more or less, situated at the southeast corner of State Highway #10 and Sam Peck Road, ' from "A" One- family District to "F" Commercial District. A motion was made by Director Bussey, seconded by Director Mehlburger, to set the date for Public Hearing on the Appeal for Tuesday, June 19, 1979, and submitted to the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger and Bussey - total 4; Noes - Directors Shackelford and Jones - total 2; Abstaining - Director Hubbell - JUNE 51 1979, ll' �IjI total 1; Absent - None. The Motion was declared ADOPTED.I i Introduced at this time was Ordinance No. 13,663, with the title being: �11 AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND V i i ' MAKING SAME A PART OF THE CITY OF LITTLE ROCK AND ASSIGNING SAME TO WARDS; �t (600 Acres at I -430 and Colonel Glenn Road - Court Order dated April 10, 1979) 1; with there being a first reading of the Ordinance, followed by a motion from Director Bussey, seconded �;' by Director Langston, 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 seven in I�I number and two - thirds or more of the members of the Board of Directors - elect; and a second reading of 'I the Ordinance ensued. A Motion was then made for a further suspension of the rules to provide for the III j11 third and final reading of the Ordinance at this time; with the Motion being made by Director Bussey, seconded by Director Shackelford, and unanimously - adopted by members of the Board of Directors present, II 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 being taken on the question, Jf !,! Shall the Ordinance Pass, and the vote is herein recorded as follows: Ayes - Mayor Keith, Directors yyu Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. �I{ Therefore, the Ordinance was declared PASSED. III Another Annexation Ordinance, No. 13,664, was presented and contains the following caption: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND G I MAKING SAME A PART OF THE CITY OF LITTLE ROCK AND ASSIGNING SAME TO WARDS; ' (Hinson Road between Rodney Parham Road and Napa Valley Drive - Court Order dated April 30, 1979) i and there was a first reading of the Ordinance. A Motion was then made by Director Bussey, which was seconded by Director Langston, that the rules be suspended and the Ordinance be placed on second reading�i A 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 sub- �I sequently read the second time, resulting in a Motion by Director Bussey for a further suspension of the rules to allow for the third and final reading of the Ordinance. The Motion was seconded by Director i Shackelford, adopted by unanimous vote of the members of the Board of Directors present, being seven in II 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 - Mayor Keith, Directors Langston, Mehlburger'I�I Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. l A Public Hearing had been scheduled for this time and place regarding the issuance of Industrial Development Revenue Bonds for the purpose of providing permanent financing for industrial facilities forl'i�lj�' the Arkansas Modification Center. At this time, Mayor Keith declared the Public Hearing open and invitell those wishing to address to the issue to come forward. Attorney John Walker addressed the issue advising III that this firm employs 105 people and that only 2 are black therefore, he requested that action on this Ordinance be deferred until representatives of this company can explain employment practices. He added that he has a racial discrimination lawsuit pending against the company. Attorney James A. Buttry, bondl attorney for the bond issue, told the Board that he personally knows nothing about what appears to be a private dispute and that he is not equipped to deal with the facts in the matter. Upon question by Director Hubbell, Mr. Buttry advised that the adoption of Resolution No. 5,944 on May 16, 1978 authoriziig ' a Memorandum of Intent places the Board in a good faith intention. Mr. Walker said that passage of the Ordinance could promote possible litigation and that he was only asking for a deferral of one month. `III II, After discussion, Mayor Keith declared the Public Hearing closed and the proposed Ordinance was placed II li on first reading as follows: II I � All it JUNE 5, 1979, Cont'd. I A proposed Ordinance was presented,.described as: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING -A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND ARKANSAS MODIFICATION CENTER, AS LESSEE; AUTHORIZING THE SALE OF THE BONDS AND THE EXECUTION OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; with the Ordinance being read the first time. Director Hubbell made a further comment that this could i raise a broad policy issue; and, Director Langston said "we have been caught flat- footed and I need to look into this further before voting on it." Director.Hubbell. made °`a motion.to suspend'.the-rules.and -' -place the_; ordinance.` on; - -second reading, with the Motion being seconded by Mayor Keith. A roll call was taken on the Motion with the results being recorded as follows: Ayes - Director Hubbell - total 1; Noes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. The Ordinance therefore, remained on the calendar for second reading. iOrdinance No. 13,665 was presented, entitled: AN ORDINANCE APPROPRIATING FUNDS FROM FUNDS RECEIVED FROM THE 'STATE OF ARKANSAS MUNICIPAL AID FUND AND PLACED IN THE CITY'S STREET FUND FOR THE PURPOSE OF FUNDING THE 1979 CITY OF LITTLE ROCK STREET � RESURFACING PROGRAM; ACCEPTING BIDS; AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS; AND FOR OTHER PURPOSES; III i said Ordinance was read the first time; after which there was a motion by Director Bussey, seconded by Director Mehlburger, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, a Motion was again made to suspend the rules to allow for the third and final reading of the Ordinance at this time; with the Motion being made by Director Mehlburger, seconded by Director Bussey, and adopted 'I by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds i 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. ' The Emergency Clause contained in Section 4 of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, 1 Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance, together with the Emergency Section had PASSED. The next presentation was Ordinance No. 13,666 with the title being: AN ORDINANCE APPROPRIATING FUNDS FROM THE CITY OF LITTLE ROCK'S TWO MILLION DOLLAR RESERVE ACCOUNT WITHIN THE REVENUE SHARING TRUST FUND AND FROM THE 1977 CAPITAL IMPROVEMENT PROJECTS FUND FOR THE PURPOSE 2 OF IMPROVING MOREHART PARK; AND FOR OTHER PURPOSES; j($50,000 from Revenue Sharing and $100,000 from the 1977 Capital Improvement Projects Fund) 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 Mehlburger 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; and a second reading of the Ordinance ensued. There was a motion then made by Director Mehlburger, seconded by Director Bussey, for a further suspension of the ' rules to permit the third and last 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 f II4 I�.4 i I - - -- - -- -- -- -- JUNE 5, 1979, Cont'd. yy,li Aye and No Vote taken on the passage of the Ordinance and described.as follows: Ayes - Mayor Keith, fl 'I j Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None.. The Ordinance.was then declared PASSED. ,t Ordinance No. 13,667 was presented at this point, with the following heading: AN ORDINANCE APPROPRIATING FUNDS FROM THE GENERAL FUND TO PAY ATTORNEY'S FEES AND COSTS FOR THE I CITY'S DEFENSE IN THE CASE OF WILBURN V. CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the first reading of the Ordinance ensued. There was a Motion by Director Bussey to suspend the rules and place the Ordinance on its second reading. The Motion received a second by Director Mehlburger IIj and unanimous adoption by members of the Board of Directors present, being.seven in number and two- thirdl�' or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A Motion then followed from Director Mehlburger, seconded by Director Bussey, that the rules again.be 4 suspended to provide for the third and final reading of the Ordinance; with the Motion being unanimously I i I 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 III an Aye and No Vote then being taken on the passage of the Ordinance and resulting as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Section, being Section.2 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, I Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency 4 I Section was therefore, declared PASSED. it �ll The next consideration was Ordinance No. 13,668, entitled: i I11 AN ORDINANCE AMENDING SECTION 31 -10 OF THE LITTLE ROCK CODE OF ORDINANCES; ESTABLISHING ACCIDENT i REPORT FEES; AND FOR OTHER PURPOSES; i ($5.00 Accident Report Fee) with the Ordinance being read the first time, followed by a Motion from Director Mehlburger to,suspend I the rules and place the Ordinance on its second reading. The Motion was seconded by Director Bussey and adopted by a Voice Vote of six Ayes and Mayor Keith voting No, 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. I' The rules were again suspended and the Ordinance placed on its third and final reading by a motion -made II and seconded by Directors Shackelford and Mehlburger, respectively, and adopted by Voice Vote of six Ayes with Mayor Keith voting No, being seven 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 h �i No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors ' Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 6; Noes - Mayor Keith - total 1; II L Absent - None. It was announced that the Ordinance had PASSED. Resolution No. 6,160 was next considered, with the title being: III y +, A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT FOR OFFICE SPACE FOR THE J I, � 4I CETA TITLE IV CAREER ADVANCEMENT VOUCHER DEMONSTRATION PROJECT; AND FOR OTHER PURPOSES; (1,379 square feet in Union National Bank Building at 4th $ Center Streets) and said Resolution was read in full. A Motion was made by Director Hubbell, seconded by Director Mehlburger, for adoption of the Resolution, and subsequently to a roll call vote whereby the Resolution lh'' was adopted as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, s ' Hubbell and Jones - total 7;: Noes - None; Absent - None. The last matter to be considered was a proposed Resolution, with the following title: II A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE CAMMACK VILLAGE FIRE IMPROVEMENT DISTRICT TO SUPPLEMENT THE EXISTING FIRE PROTECTION SERVICES IN THAT CITY; AND FOR OTHER I, _ 1_ Ind - -- - -- _- -- - - -_- -. lJUNE 5, 1979, Cont'd. and the Resolution was read in full. Mr. Fred Clark, Chairman of the Cammack Village Fire Improvement District No. 2 spoke in favor of a contract with the City of Little Rock, stating that,if Cammack Village had two major fires, they would have to call on Little Rock for help. Mr. Steve Strauss,.a resident of ' Cammack Village spoke in support of the arrangement and filed a petition signed by a group of residents a of Cammack Village, requesting favorable action by the Board of Directors. Mr. Truman Hall, an Alderman b of Cammack Village, spoke in opposition to the Resolution stating that it was his feeling that the Fire I District acted in secret and that they are in violation of the Freedom of Information Act. He further stated there will be litigation if this contract is.entered into adding, "we have a good volunteer fire department and at this point, this is not the answer." There was no further discussion, and a Motion i' was made by Director Mehlburger, seconded by Director Bussey, to delay action until the next meeting of I` the Board of Directors. A.roll call was taken on the Motion with the response recorded herein: Ayes - II I Mayor Keith, Directors Mehlburger, Bussey, Shackelford and Jones - total 5; Noes - Directors Langston and Hubbell - total 2; Absent - None. The matter was therefore DELAYED. Under "Citizen Communications", Mrs. Judy Green of 2708.State Street, presented a prepared statement signed by representatives of the Highland, Central High, Southend, Blind School, Stephens and Sunset Neighborhoods, and -the Leadership Roundtable Association, in which they asked that the Board mandate utilization of the alleys for the purpose which they were intended by the Garbage Department and restore !! ! alley pick -up service or allow residents to vote on the issue. A brief discussion followed in which City Manager Carleton McMullin told the Board that some alleys are virtually impassable and suggested a i tour of the alleys adding, "those alleys that are good - - -we want to -stay there." It -was Director I Hubbell's opinion that the Board never said to discontinue every.alley, just those that were inaccessible. At this point, Director Hubbell requested that a check ..be made regarding formal action on alley garbage I { pickups, and there was no further discussion._ Mr. Donald W. Mock, Jr. of 4613 Grand Avenue, who previously complained of response from the Animal VV Shelter, expressed thanks to the Mayor and Board of Directors stating that the situation had been greatly I I improved, and requested that the grassy field at 22nd and Madison Streets be retained for children to play. He was advised that this property is owned by the State of Arkansas. There being no further business to be presented or to come before the Board of Directors, upon Motion of Director Langston, seconded by Director Mehlburger, the meeting was adjourned at 10:30 o'clock P. M., to meet again in regular session on Tuesday, June 19, 1979 at 7:30 o'clock P. M. , it ATTEST: 9"k APPROVED: City Clerk Mayor i I h �Y I I ! 1 Board of Directors Chamber Little Rock, Arkansas June 19, 1979 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Keith presiding and Jane Czech., City Clerk, and the following Directors present: Directors Langston, Mehlburger,.Bussey, Shackelford, Hubbell and Jones - total 6; Absent - None. It was announced that a quorum was present, and the meeting proceeded as herein recorded: The Invocation was given by Director Shackelford. The first presentation from the Official Agenda consisted of the Consent Items, described as follows: (a) The Minutes of the previous meeting held June 5, 1979. (b) The Comparative Statement of Income Account of the - Little Rock Municipal Water Works for the month of April, 1979. (c) Resolution No. 6,161, with the title being: - A RESOLUTION ACCEPTING THE BID AND AUTHORIZING THE CITY MANAGER-TO AWARD A CONTRACT FOR THE PURCHASE OF THREE DUMP TRUCKS TO BE USED BY THE SANITATION DEPARTMENT; AND FOR OTHER PURPOSES. (d) Resolution No. 6,162, described as: A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM THE ARKANSAS HIGHWAY COMMISSION TO PARTS OF LOTS 1, 2 AND 3,-BLOCK 79, ORIGINAL CITY, CONTAINING 19,696 SQ. FT. (FOR CLOSURE OF LOUISIANA STREET OFF -RAMP NEEDED FOR-DEVELOPMENT OF THE NEW CONVENTION CENTER COMPLEX); AND FOR OTHER PURPOSES. (e) Resolution No. 6,163, containing the following title: A RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS ON A CONTRACT FOR GROUP HEALTH INSURANCE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BLUE CROSS AND BLUE SHIELD OF ARKANSAS PROVIDING GROUP HEALTH INSURANCE FOR EMPLOYEES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. ' Item (e) did not appear with the Consent Matters on the Official Agenda, but was included, after a discussion in which Mr. Ron Lloyd, Director of Personnel, explained that a committee of employee representatives recommended the contract be awarded to Blue Cross and Blue Shield, after hearing presentations from several companies. He further stated that the charge was to evaluate alternative proposals to include types of coverage as well as carriers. After the explanation by Mr. Lloyd, there was a motion from Mayor Keith, seconded by Director Langston, to place the Resolution on the Consent Agenda, which was unanimously adopted by the Board Members present. By subsequent motion of Director Hubbell, seconded by Director Langston, 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-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, d $ e) Resolutions No. 6,161, 6,162 and 6,163, were read in full and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent None. A Public Hearing had been placed on the Agenda to reclassify 4.67 Acres situated at the S/E Corner of Highway #10 and Sam Peck Road (Z- 3326), from "A" One- family District to "F I"Commercial District, with the application having been denied by the Little Rock Planning Commission. Director Jones made a motion seconded by Director Langston, to recess the Public Hearing until Zoning Case Nos. Z -3295 and Z -3294 of I � '1 JUNE 19, 1979, Cont'd.. properties located on Highway #10 at Rodney Parham and Southridge Drive, respectively, are considered by the Board of Directors. The motion was adopted by unanimous voice vote of the Board Members present and the Hearing was therefore recessed. , An Ordinance was placed on the Agenda for consideration by the Board of Directors to reclassify 515 Hardin Road in the City of Little Rock (Z- 3335), from "A" One - family District to "E -1" Quiet Business District. The request for reclassification was denied by the Planning Commission and the applicant filed an appeal to the Board of Directors with the Public Hearing being held June 5, 1979 (see Minute Record.A -6; 6- 5 -79), at which time the matter was referred back to the Planning Commission.. Meanwhile, the applicant held a meeting with the objectors and will submit a written agreement providing for improve- ments and the issue was placed back on the Agenda. Mayor Keith announced that he had received a request that the matter be deferred until the next Agenda Meeting therefore, the proposal was not considered. Another Ordinance was placed on the Official Agenda accepting the annexation of 10 acres located at Mabelvale Cutoff and Geyer Springs Roads to the City of Little Rock, with the Court Order having been signed by the County Judge on May 7, 1979. Attorney Philip Kaplan was present and requested that the proposed Ordinance be deferred until the Board of Directors' Meeting on July 17, 1979. The request was granted and the proposed annexation was deferred. Zoning Petition No. Z -3340 was next presented from Don R. Venhaus for John Hughes, to rezone 12015 Hinson Road (long legal description), from "A" One - family District to "E -1" Quiet Business District, as approved by the Planning Commission. Mr. Don.R. Venhaus, representing the applicant, presented a map showing the zoning classifications in the surrounding area. He advised that there were no objectors to the proposal and the rezoning of the Hughes property would not be "spot zoning." He requested favorable consideration by the Board and no other persons addressed the issue. The proposed Ordinance to reclassi the property was then placed on first reading. (See proposed - Ordinance below) There was presented a proposed Ordinance, with the title being: AN ORDINANCE RECLASSIFYING THE PROPERTY LOCATED AT 12015 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 the Ordinance was.read the first time. A motion was then made by Director Hubbell, which was seconded by Director Langston, 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 results recorded as follows: Ayes - Mayor Keith, , Directors Langston, Bussey, and Hubbell - total 4; Noes - Directors Mehlburger,.Shackelford and Jones - total 3; Absent - None. With the suspension of the rules having failed, the Ordinance remained on the calendar for second reading at the July 3, 1979 Board of Directors Meeting. The next presentation was Zoning Petition No. Z =3344, from Roger C. Thurmond, Trustee, and Jim Hathaway, for Universal Properties, to rezone the S/W Corner of Shackl'eford Road at Hermitage Road, described as Lots 33 and 48, West Highland Subdivision in Pulaski County, -from "A" One - family District to "E -1" Quiet Business District. The application for rezoning was approved by the Planning Commission on May 29, 1979. Mr. Hathaway was present and advised the-Board that the needed right -of -way and ease- ments had been satisfied by letter. No opposition'wa"s presented and the Ordinance to reclassify the property was placed on first reading. (See Ordinance No. 13,669 as follows) There was presented Ordinance No. 13,669, containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SHACKLEFORD ROAD AT HERMITAGE ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY I OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance.. A motion was then made by Director Mehlburger, which was seconded by Director Langston, 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 seven in JUNE 19. 1979. Cont'd. subsequently read the second time, resulting in a motion by Director Jones for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by I Director Hubbell, 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; 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Keith then announced that the ORDINANCE HAD PASSED. Zoning Petition No. Z -3348 was next presented from C. C. Snider requesting the reclassification of 1001 Fair Park Boulevard, described as the North 50' of the E 112' of the W 123' of NW-'4 SE-, SE4 SW4, Section 6, T -1 -N, R -12 -W, from "B" Residence District to "E -1" Quiet Business 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. 13,670, below) . . There was presented at this time Ordinance No. 13,670, entitled: 1 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 1001 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; and there was a.first reading of the Ordinance. The rules were then suspended and the Ordinance was placed on second reading, by motion of Director Hubbell, seconded by Director Langston, and by unanimo 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, the rules were again suspended to provide for the third and last reading of the Ordinance, with the motion being made by Director Shackelford, seconded by Director Jones,.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 Ordinance was then read the third and final time, with the outcome being an Aye and No Vote taken on the question, Shall the.Ordinance Pass, and resulting as follows: Ayes - Mayor Keith, Directors.Langston, Mehlburger, Bussey, Shackelford, Hubbell.and Jones - total 7; Noes - None; Absent - .None. It was then announced that the Ordinance had.PASSED. . 1 The following Zoning Petitions,.as approved by the Planning Commission, were then presented for consideration.by the Board of Directors: Z -3349 - .Petition of.Farris Hensley to rezone 1016 East 9th Street, described as the W 391z' of Lot.12.and the E 28' of Lot 11, Block 10, Woodruff's Addition, from "C" Two- family District to "D" Apartment District. Z -3350 - Petition from John Winn, Agent for Stepping Stone Properties, Inc, to rezone 1310 Bat Street, described as Lot 10,.Block 8, Centennial Addition, from "C" Two - family District to "D" Apart- ment District. Z -3352 - Petition from,Jim Hathaway for A. C. Long.to rezone 10924 West 12th Street (Kanis Road), described as Lot 47 $ S. 70' of Lot 34, West Highland Subdivision, from "A" One- family District to "E -1" Quiet Business District. Z -3354 - Petition from Bill McClard for Bonanza Realty Company, to.rezone 910 East 9th Street, described as Lot 9 and the W. 20' of Lot 10, Block 11, Woodruff's Addition, from "C" Two - family Dist to :'F" Commercial District. Z- 3283 -A - Petition from Carl Allen for Jim Walter Homes, Inc. to rezone 5928 South University Avenue (long.legal,description) from. "F" Commercial District to "I" Light Industrial District. . As there was no opposition presented to the proposed reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,671 se JUNE 19, 1979, Cont'd. Ordinance No. 13,671 was presented, described as: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES - -IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SE 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 from-Director Hubbell, seconded by Director Jones, that the rules be suspended and the.Ordinance be placed on second reading. The motioi was adopted by unanimous vote of the members of-the Board of Directors present, being seven in number any 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-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 Shackelford, seconded by Director Mehlburger, 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 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinan was then declared PASSED A proposed Ordinance was presented, with the caption being:. AN ORDINANCE AUTHORIZING THE ISSUANCE.OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A TRUST INDENTURE.SECURING THE BO AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND ARKANSAS MODIFICATION CENTER, AS LESSEE, AUTHORIZING THE SALE OF THE BONDS AND THE EXECUTION OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; and the proposed Ordinance was read the,second. time, having been read the first time on June 5, 1979. Opposition was again presented by Attorney -John W..Walker, who has filed a racial discrimination suit against the Arkansas Modification Center, which is now pending,in the courts. Mr. Walker contends that of the 10S employees in that firm, only two are black'. Upon question by,Mr. Walker, Mr. Mahlon Martin, Assistant City Manager, advised that a public hearing notice was not.published before the-Memorandum of Intent -was considered, but a notice was published before the-Ordinance was considered. Mr. Walker presented a proposed Resolution, asking the Board of Directors to go on record as requiring the City Staff to work with Arkansas Modification'Center in developing an Affirmative Action Plan; also, go on record as disfavoring bond proposals pursuant to Act 9, which come from companies that cannot affirm- atively demonstrate that their employment practices are consistent with federal employment standards. A brief discussion ensued regarding the wording of the Resolution and it was generally agreed to place a Resolution on the next agenda, after the wording has been decided upon. Mr. James A. Buttry, bond, attorney for the bond.issue, reminded that the Memorandum of Intent was presented and approved; -- adding that the project is now substantially completed. Mr. John C. Calhoun, Jr., a representative of.Arkansas Modification Center was present and told the Board that there is no discrimination in the Company. Representative Grover Richardson, District No. 3, advised that he could not go along- with -this Ordinance because the company does discriminate with only two:iblacks employed by the firm. There was no further discussion and the Ordinance was left on the calendar for third and final reading, with.a proposed - Resolution as described above, to be considered at:the next agenda meeting. - - Introduced at this time was Ordinance No: 13,672; with the title being: AN ORDINANCE APPROPRIATING $16,625.00 FROM THE 1977 CAPITAL IMPROVEMENT PROJECT FUND AND AUTHORI THE CITY MANAGER TO EMPLOY A CONSULTANT.FIRM TO DESIGN THE BIG CAT DISPLAY; AND FOR OTHER PURPOSES; with there being a first reading of the.Ordinance, followed by a motion from Director Hubbell, seconded by Director Jones, that the rules be suspended and the Ordinance be placed on second reading. The moti was adopted by unanimous vote of the members of the Board of Directors present, being seven.in number a pe JUNE 19, 1979, Cont'd. I 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 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 Shackelford, seconded by Director Jones, 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 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 - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes ­None; Absent - None. Therefore, the Ordinance was declared PASSED. Ordinance No. 13,673 was presented, entitled: AN ORDINANCE APPROPRIATING FUNDS FOR ADDITIONAL PERSONNEL FOR.THE LITTLE ROCK POLICE DEPARTMENT AND AUTHORIZING THE CITY - MANAGER TO ADJUST STAFFING, LEVELS WITHIN THE POLICE DEPARTMENT; AND FOR OTHER PURPOSES; ($80,000 appropriated; 10 police officers and 3 warrant officers authorized) said Ordinance was read the first time; after which there was.a motion by Director Hubbell, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance a motion was again made to suspend the rules to allow for the third and•final, reading of the Ordinance INat this time; with the motion being made by Director Shackelford, seconded by Director Jones, and adopte 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, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the resulting vote being reGorded.as herein described: Ayes - Mayor- Keith, Directors Langston,, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. ,Mayor Keith announced that the.Ordinance had PASSED. A proposed Resolution had been placed on the Agenda, entitled: A RESOLUTION SETTING ADMINISTRATIVE CHARGES FOR INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUES; AND FOR OTHER PURPOSES; ' No action was taken on the proposal and the matter was deferred until the next Board of Directors Meeting on July 3, 1979, and to be discussed at.the Agenda Meeting on June 27,..1979. Resolution No. 6,164 was considered next, with the following heading: A RESOLUTION CHANGING THE NAME OF POINT WEST DRIVE TO ST. CHARLES BOULEVARD, AND BLOUNT ROAD TO WEST 65TH STREET; AND FOR OTHER PURPOSES; with the Resolution read in its entirety. A motion by Director Mehlburger, seconded.by.Director Bussey, was then made and resulted in adoption of the Resolution by the following roll call vote: Ayes - Mayor Keith,.Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A proposed,Resolution was considered with the title being: A.RESOLUTION CHANGING THE NAME OF JR. DEPUTY ROAD TO ROMINE_ROAD; AND FOR OTHER PURPOSES; and there was,a complete reading of the Resolution. Director Bussey stated that he was opposed to changing the name of Jr. Deputy Road because -he felt it should remain in memory of Sheriff Tom Gulley. ' A motion was made by Director Mehlburger, seconded by Mayor Keith, to adopt the Resolution. A roll call INwas taken on the motion with the following results: Ayes - Mayor Keith, Directors Mehlburger and Jones total 3; Noes - Directors Langston, Bussey, Shackelford and Hubbell - total 4; Absent - None. The Resolution FAILED to,be adopted. i The next presentation was Resolution No. 6,165, entitled: 146' yy JUNE 19, 1979, Cont'd. A RESOLUTION ESTABLISHING A F(OLICY;WITH REGARD TO SANITATION COLLECTION IN THE ALLEYS; AND FOR OTHER PURPOSES;. ,- and the Resolution was•read in its.entirety. A group of citizens-was present in opposition to the ail recent notice that garbage collection from the alleys would be discontinued. The complaints included statements that'it would be a hardship on elderly and handicapped persons; that some of--the alleys are II paved and easily accessible; and that two trucks were used for pickups-along-the street, when only one: is necessary. Persons addressing the issue'were Jesse Johnson, Jr.,'Mike Rainwater,-'Robert H. Bennett, ij Robert C. Johnson; John- Cavender;-Peter Massery and Mrs. Irving Spitzberg: Director Mehlburger madela !I jmotion that Sections 1, 2 $ 3 of the proposed Resolution be deleted and that garbage collection be restored`as of five months ago. The motion died for:lack`of•a.second. The Resolution provides for I curbside collection where most cost - effective and efficient, and alley pickup in cases where it is more efficient and cost - effective. The City Manager will have the responsibility for implementing the sanitation collection policy. At the close of discussion, Mr. Mahlon Martin, Assistant City Manager, advised the citizens to disregard the first notice received and that additional notices will be sent i�advising the type'of pickup to be received: A motion followed from Director Jones, seconded by Director Hubbell, for the adoption'of the Resolution, which received'the' following response: Ayes - Mayor Keith,I Directors Langston, Shackelford, Hubbell and Jones - total 5; Noes - Directors Mehlburger and Bussey total 2; Absent - None. A Resolution, No. 6,166, was next'presented, with the title'being: -' A RESOLUTION OF APPRECIATION AND,COMMENDATION TO THE JUNIOR LEAGUE OF LITTLE ROCK, AND FOR OTHER { PURPOSES; _ r... which Resolution'was read in "full and thereafter adopted upon motion of Director Hubbell, seconded by Director Jones', and the following roll :call vote: Ayes - Mayor Keith, Directors Langston'; Mehlburger, I Bussey, Shackelford, Hubbell and Jones - total: 7; Noes _ 'None; Absent - None. Ordinance No. 13,674 was - considered, entitled: - AN ORDINANCE ISSUING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; AND FOR OTHER PURPOSES; (To: Joseph A. LeVeque) - - and there was a first reading of the Ordinance. A motion was then made by Director Jones, which was seconded by Director Shackelford, 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 ' seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance A ( was subsequently read the second time, resulting in a motion 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 Shackelford, 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- I 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 - Mayor Keith, Directors Langston, Shackelford, Hubbell and Jones - total 5; Noes - Directors Mehlburger and Bussey - total 2; Absent - None. !I� The Emergency Section contained in Section 2 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Mayor Keith, Directors Langston, Shackelford, Hubbell and l� Jones - total 5; Noes - Directors Mehlburger and Bussey - total 2; Absent - None.' Whereupon, the Ordinance, together with the Emergency Section, was declared PASSED. M i The,last Ordinance to be considered was No. 13 ;675, described'as: , AN•ORDINANCE APPROPRIATING FUNDS FOR THE PAYMENT OF THE JUDGMENT AND COSTS AWARDED TO JANET PULLIAM IN THE CASE OF JANET PULLIAM V. CITY OF LITTLE ROCK; AUTHORIZING PAYMENT OF THE JUDGMENT AND COSTS;' AND FOR OTHER PURPOSES; _($27.,500 U il. JUNE 19, 1979. Cont'd. and after a first reading of the Ordinance, there was a motion from Director Hubbell to suspend the rules-and place the'Ordinance on its second reading. The motion 'received a second from Director Jones, motion which again suspended the rules whereby the Ordinance was placed on its third and final reading; with the motion being made by Director Shackelford, seconded by Director Jones, and adopted by unanimou 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 question, Shall the Ordinance Pass, which is described as follows Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The last Resolution presented was numbered 6,167, but did not have a title. THE RESOLUTION DECLARES THAT NORTH LITTLE ROCK, ARKANSAS SHALL CEASE TO HAVE RIGHTS OR VOICE IN THE OWNERSHIP, OPERATION, MANAGEMENT AND ASSETS OF THE TRANSIT SYSTEM AFTER JUNE 30, 1979, UNLESS NORTH LITTLE ROCK APPROPRIATES AND PAYS ITS SHARE OF THE 1979 DEFICIT BUDGET; I I and there was a complete reading of the Resolution, after which a motion from Director Mehlburger, Ilj seconded by Director Langston, resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Under "Citizen Communications" a proposal was presented by Ms. Eleanor Reid and Mr. George Wimberly, representing the Inter - Agency Council on Smoking and Health, for a secret ballot election of employees working in City Hall who prefer to work in a smoking or non - smoking atmosphere. After brief comments, Mayor Keith advised that the proposal would be placed on the Agenda for the June 27th Agenda Meeting. Mr. Steve Dearborn of 9008 Longacre Drive complained to the Board about the problem of cats running at large in his neighborhood, none of them having been vaccinated. Mr. Dearborn requested that an ordinance be passed for the control of cats which would take care of the problem. Mayor Keith state that the matter would be taken up at the next meeting. The last speaker under "Citizen Communications" was Mrs. Grace Miller of Route #5, Highway #10, ' who spoke against the 'issuance of Privilege Licenses along Highway #10, and requested that zoning be "set aside" until Fall, and that a hearing be set-for this purpose. The Mayor informed Mrs. Miller that the above subject would be discussed at the next meeting. At 9:55 o'clock P. M., Mayor Keith announced to the Board of Directors and those present at the meeting that "I resign." He then asked Vice Mayor Bussey to be seated at the Chairman's desk and continue with the business to be considered. Vice Mayor Bussey then called for nominations for a new Mayor. Director Keith made a motion that Director Webb Hubbell be elected Mayor, with the motion receiving a second from Director Langston. Director Jones then read a prepared statement, stating her choice for Mayor, and followed with a motion that Director Lottie Shackelford be elected Mayor. Direc Mehlburger seconded the motion. There were no other nominations and Vice Mayor Bussey declared that nominations cease and requested that a roll call be taken on the election of Mayor. The roll call is recorded as follows: For Director Webb Hubbell: Aye,Votes - Directors Keith and Langston, Vice Mayor Bussey and Director Hubbell - total 4. For Director Lottie Shackelford: Aye Votes - Directors ' Mehlburger, Shackelford and Jones - total 3. Vice Mayor Bussey then announced that Director Hubbell had been elected Mayor and a motion followed from Director Shackelford, seconded by Director.Jones, and unanimously adopted by Board Members present, that Director Hubbell's election as Mayor be unanimous. �se and unanimous adoption by the Board"Membeis 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 ens motion which again suspended the rules whereby the Ordinance was placed on its third and final reading; with the motion being made by Director Shackelford, seconded by Director Jones, and adopted by unanimou 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 question, Shall the Ordinance Pass, which is described as follows Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. The last Resolution presented was numbered 6,167, but did not have a title. THE RESOLUTION DECLARES THAT NORTH LITTLE ROCK, ARKANSAS SHALL CEASE TO HAVE RIGHTS OR VOICE IN THE OWNERSHIP, OPERATION, MANAGEMENT AND ASSETS OF THE TRANSIT SYSTEM AFTER JUNE 30, 1979, UNLESS NORTH LITTLE ROCK APPROPRIATES AND PAYS ITS SHARE OF THE 1979 DEFICIT BUDGET; I I and there was a complete reading of the Resolution, after which a motion from Director Mehlburger, Ilj seconded by Director Langston, resulted in a roll call vote adopting the Resolution as follows: Ayes - Mayor Keith, Directors Langston, Mehlburger, Bussey, Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Under "Citizen Communications" a proposal was presented by Ms. Eleanor Reid and Mr. George Wimberly, representing the Inter - Agency Council on Smoking and Health, for a secret ballot election of employees working in City Hall who prefer to work in a smoking or non - smoking atmosphere. After brief comments, Mayor Keith advised that the proposal would be placed on the Agenda for the June 27th Agenda Meeting. Mr. Steve Dearborn of 9008 Longacre Drive complained to the Board about the problem of cats running at large in his neighborhood, none of them having been vaccinated. Mr. Dearborn requested that an ordinance be passed for the control of cats which would take care of the problem. Mayor Keith state that the matter would be taken up at the next meeting. The last speaker under "Citizen Communications" was Mrs. Grace Miller of Route #5, Highway #10, ' who spoke against the 'issuance of Privilege Licenses along Highway #10, and requested that zoning be "set aside" until Fall, and that a hearing be set-for this purpose. The Mayor informed Mrs. Miller that the above subject would be discussed at the next meeting. At 9:55 o'clock P. M., Mayor Keith announced to the Board of Directors and those present at the meeting that "I resign." He then asked Vice Mayor Bussey to be seated at the Chairman's desk and continue with the business to be considered. Vice Mayor Bussey then called for nominations for a new Mayor. Director Keith made a motion that Director Webb Hubbell be elected Mayor, with the motion receiving a second from Director Langston. Director Jones then read a prepared statement, stating her choice for Mayor, and followed with a motion that Director Lottie Shackelford be elected Mayor. Direc Mehlburger seconded the motion. There were no other nominations and Vice Mayor Bussey declared that nominations cease and requested that a roll call be taken on the election of Mayor. The roll call is recorded as follows: For Director Webb Hubbell: Aye,Votes - Directors Keith and Langston, Vice Mayor Bussey and Director Hubbell - total 4. For Director Lottie Shackelford: Aye Votes - Directors ' Mehlburger, Shackelford and Jones - total 3. Vice Mayor Bussey then announced that Director Hubbell had been elected Mayor and a motion followed from Director Shackelford, seconded by Director.Jones, and unanimously adopted by Board Members present, that Director Hubbell's election as Mayor be unanimous. �se JUNE 19, 1979, Cont'd. Mayor Hubbell was,then seated at the Chairman'.s desk and there was no further business to be presented or to come before the.Board of Directors. A motion followed from Director Bussey, seconded by Director Mehlburger,.that the meeting be adjourned. The motion was unanimously adopted by the Board Members present and the meeting was adjourned at 10:05 o'clock P. M. to meet again in regular. session on Tuesday, July,3,- ,1979-at 7:30 o'clock P. M. ?J '. . ATTEST: APPROVED:� M „ 44/(Z - City;Clerk Mayor MIME WJ IL Board of Directors Chamber 4 li Little Rock, Arkansas ' June 27, 1979 - 11:00 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 Hubbell's Notice of Special Meeting to the Board of Directors being dated June 20, 1979 and filed with the City Clerk. li Mayor Hubbell presided, with Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. There being a quorum in attendance and it being so stated, Mayor Hubbell announced that the i purpose of the Special Meeting was to recess to Executive Session to consider appointments to Boards li and.Commissions. Director Keith then made a motion to "recess to Executive Session in the Board's f Conference Room." The motion was seconded by Director Langston and unanimously adopted by voice vote of the Board Members present, i ' The Board of,Directors reconvened at 11:35 A. M. from Executive Session with Mayor Hubbell presiding and Jane Czech, City Clerk, il� calling the roll with the following Directors present: Directors,'I Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. The only business to be considered was a report by Mr. Buddy Villines, Director of Governmental Ij+I Affairs for the City of Little Rock, on proposals before the Constitutional Convention and Local I� Government Committee. A discussion ensued revolving around Delegate Proposal #19, which would require i NII ward or district elections in cities with a population of 25,000 or more, therefore directly affecting III Little Rock. It was the concensus that the issue is a legislative matter; the issue is traditionally determined at the local level; and, the proposal removes all flexibility for forming a government at both at -large and single member positions. Director Mehlburger made a motion that "the Little Rock ICI Board of Directors go on record opposing the Constitutional provision of single member districts for the,, City of Little Rock." The motion was seconded by Director Keith and submitted to the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones total 6; Noes - Director Shackelford- total 1; Absent - None. Therefore, the Motion was adopted and ' Mr. Villines was instructed to advise the Constitutional Convention of this action. Director Bussey IU 11 commented that he was for single member districts, but feels the Mayor should be elected. There being no further business to be presented or to come before the Board of Directors, upon j� �ifli motion of Director Keith, seconded by Director Bussey, the meeting.was adjourned at 11 :45 o'clock A. M., to meet again in regular session on Tuesday, July 3, 1979 at 7:30 o'clock P. M. ATTEST: APPROVED: lell f 114 I� City Clerk Mayor i I,I T V I III d Board of Directors Chamber Little Rock, Arkansas July 3, 1979 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Mehlburger.,and Jones - total 4; Absent - Directors Bussey and Shackelford - total 2. A quorum was declared to be present, and the meeting then proceeded as herein recorded: The Invocation was given by Mayor Hubbell. The first matter to be considered was a Public Hearing set for this time and place on the annexation of Green Mountain Island, Riggs Island, Northwest Little Rock Island and Pankey Island. Mayor Hubbell then declared the Public Hearing open and invited those wishing to address to the issue to speak. There was no one present to be heard either for or against the annexations, but Director Jones read a communication from property owners Jan Gray Love, Judy G. Lester and Ruth F. Gray, in which they expressed opposition to the annexation of the "Northwest Little Rock Island" until the development plan for that area is completed. There was no further discussion and Mayor Hubbell declared the Public Hearing closed and the four ordinances annexing the islands were placed on first reading. ' Director Shackelford was enrolled. There was presented Ordinance No. 13,676, with the caption being: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Green Mountain Island - 3.25 Acres, more or less) 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 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 secondH ed by Directors Jones and 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 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, Langston, Mehlburger, Shackelford, ' Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jone's - total 6; Noes - None; Absent- Director Bussey - total 1. Whereupon, the Ordinance, together with the Emergency Section, was declared PASSED. Ordinance No. 13,677 was presented, entitled: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Riggs Island - 43 acres, more or less) and there was a first reading of the Ordinance. A motion was then made by Director Keith, which was seconded by Director Jones, 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 Jones for a further suspension of the ,- rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Mehlburger, 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 V II JULY 3, 1979, Cont'd. II a third and last reading of the Ordinance. There was an Aye and No Vote then taken on the question, il Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Mehlburger,,"I Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - �1 total 1. 4 III 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, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - II total 1. It was announced that the Ordinance, together with the Emergency Section had PASSED. Presented next was Ordinance No. 13,678, described as: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF YI � THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; IIY (Northwest Little Rock Island - 145 Acres, more or less) Y II j and after a first reading of the Ordinance, there was a motion by Director Keith to suspend the rules .I and place the Ordinance on its second reading. The motion was seconded by Director Jones and unanimously) 15 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 Jones, seconded by Director Mehlburger, for further the the a suspension of rules to permit third and last reading of the Ordinance at this time; which motion was unanimously adopted by members it of the Board of Directors present, being six in number and two - thirds or more of the members of the ICI! 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, Langston, I Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director y. y I Bussey - total 1. The Emergency Clause contained in Section 3 of Ordinance No. 13,678 was then read and submitted to the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total.l. The Ordinance, together with the Emergency Clause, was then declared PASSED. Ordinance No. 13,679 was considered next, with the title being: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE INCORPORATED LIMITS OF l� THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Pankey Island - 80 Acres, more or less) with there being a first reading of the Ordinance. The rules were then suspended and the Ordinance place's on second reading by motion of Director Keith, seconded by Director Jones, and by unanimous vote of the I 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 III Director Jones, seconded by Director Mehlburger, that the rules again be suspended and the Ordinance be Y . placed on third and final reading. The motion was unanimously adopted by members of the Board of I Directors present, being six in number and two - thirds or more of the members of the Board of Directors - III elect; and a third and last reading of the Ordinance ensued. The Aye and No Vote was then taken on the Ij question, Shall the Ordinance Pass, with the resulting vote being recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted ' by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance, together with the Emergency Section, was then declared PASSED. IL- I I I ' i JULY 3, 1979, Cont'd.- The next presentation was the Consent Agenda consisting of the following items: (a) The reading of the Minutes of the previous meeting held June 19, 1979 and the Special Meeting held June 27, 1979. (b) The Report of the Commissioners of Broadmoor Recreational Area Improvement District No. 2; and Resolution No. 6,168, entitled: A RESOLUTION APPOINTING.SUCCESSOR COMMISSIONERS FOR BROADMOOR RECREATIONAL AREA ,IMPROVEMENT DISTRICT NO. 2- OF LITTLE.ROCK, ARKANSAS; (Carl F. Scheibner, Jr., and Daryl:Bailey) (c) Resolution No. 6,169, containing the following heading: ' A RESOLUTION AUTHORIZING THE EXTENSION OF THE CITY'S VEHICLE LIABILITY INSURANCE POLICY FOR ONE YEAR; (U. S. Fire Insurance Company) (d) Resolution No. 6,170, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR ENGINEERING SERVICES FOR 5TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS; (Garver $ Garver and Blaylock; Threet $ Associates) (e) Resolution No. 6,171, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR A FOUR -WHEEL DRIVE DIESEL TRACTOR; A STREET SWEEPER; ANNUAL CONTRACT.FOR UNIFORMS FOR THE FIRE DEPARTMENT, PUBLIC WORKS AND PARKS DEPARTMENT; AND FOR OTHER PURPOSES; (f) Resolution No. 6,172, containing the following caption: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT BETWEEN THE.CITY OF LITTLE ROCK AND THE CONVENTION CENTER ARCHITECTS, A JOINT VENTURE, AND FOR OTHER PURPOSES; (The Resolution described above did not appear on the Official Agenda, but Mayor Hubbell moved that the Resolution be added to the Consent Agenda, with Director Keith making the second. The Resolution was then included in the Consent Matters by_unanimous voice vote of the Board Members present.) By a motion from Director Langston, 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 19, 1979 and the Special Meeting held June 27, 1979 were approved as written and summarized to the members of the Board of Directors; (b) The Report of Commissioners of Broadmoor Recreational Area Improvement District No. 2 was received and filed; and Resolution No. 6,168 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1; and (c, d, e $ f) Resolutions No. 6,169, 6,170, 6,171 and 6,172 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Director Bussey was enrolled. A proposed Ordinance was again presented, entitled: AN ORDINANCE RECLASSIFYING THE PROPERTY LOCATED AT 12015 HINSON ROAD IN THE CITY OF LITTLE ROCK-, ARKANSASF 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) and the Ordinance was read the second time, having been read the first time on June 19, 1979 (See Minute Record A -6; 6- 19 -79). Mr. Don R. Venhaus, Consultant, representing John Hughes $ Associates, briefly reviewed land use in the area proposed for rezoning. He maintained that "E -1" Quiet Business is a reasonable use and that property surrounding the intersection is not appropriate for single - family use. In discussion, Director Mehlburger pointed out that planning should precede zoning and that there is no JULY 3. 1979. Cont'd. plan at present. He then made a motion to postpone further action until the second meeting in August (Mr. Venhaus requested decision at this time). The motion was seconded by Director Jones and submitted ' to the following roll call vote: Ayes - Directors Mehlburger and Jones - total 2; Noes - Directors Keith, Bussey, Shackelford and Mayor Hubbell - total 4; .Abstaining - Director Langston - total 1; Absent - None. With the motion to postpone action having failed, there was a subsequent motion by Director Keith, seconded by Director Bussey, to suspend the rules and place the Ordinance on third and final reading. A roll call was taken on suspension of the rules and recorded as follows: Ayes - Directors Keith, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total,6;_ Noes - None; Abstaining - Director Langston - total 1; Absent - None. The Ordinance was then read the third and last time with the roll call vote on the question, Shall the Ordinance Pass, recorded as herein described: Ayes - Directors Keith, Bussey and Mayor Hubbell - total 3; Noes - Directors Mehlburger, Shackelford and Jones - total 3; Abstaining - Director Langston - total 1; Absent - None. Mayor Hubbell then announced that the Ordinance -had FAILED to pass•, Introduced next was Ordinance -No. 13,680, described as: AN ORDINANCE ASSESSING THE BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF THE SEVERAL LOTS, BLOC ' AND PARCELS OF LAND WITHIN WEST MARKHAM SEWER IMPROVEMENT DISTRICT NO. 146 OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time. In connection with the presentation of the Ordinance, a public hearing was held and there was no response to Mayor.Hubbell's invitation for objectors to come forward and be heard'. He 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 June 23, 1979; and that no protests had been presented to said proposed assessments. Therefore, the public hearing was closed after which, there was a motion by Director Mehlburger, seconded by Director Keith, to suspend the rules to allow for the second 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 second reading of the Ordinance ensued. A motion was made by Director Mehlburger for a further suspension of the rules to place the Ordinance on its third and final reading; w1dch motion was seconded by Director Shackelford, and 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. 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 - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was therefore announced that the Ordinance had PASSED Ordinance No. 13,681 was 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; (Sandpiper Addition - Court Order dated May 21, 1979) and upon first reading of the Ordinance, a discussion ensued regarding access to Sandpiper Addition. Mr. James Martin, a resident of Sandpiper was present and questioned who would be responsible for - improving Shackleford Road, from Kanis Road to Sandpiper.Addition. That portion of the-road is in the County and Mr. Martin advised that the County refuses to grade the road, and asked whether the City will make the improvements. City Manager Carleton McMullin advised that Staff is working on analysis of the road, but more time will be needed before making a recommendation to the Board; adding, the information ' could be available by the next Agenda Meeting. There was no further discussion and a motion was made by Director Bussey *o suspend the rules and place the Ordinance on its second reading. The motion received a second by Mayor Hubbell 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 then.followed from Director Bussey, seconded a OAF :154"' N JULY 3, 1979, Cont'd. by Director Keith, that the rules again be suspended to.provide for the third and final reading.of I 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, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Mehlburger - total.l; Absent.- None. The p Ordinance was then declared PASSED. Resolution No. 6,173 was considered next, entitled: A RESOLUTION DISCOURAGING DISCRIMINATORY EMPLOYMENT PRACTICES BY- RECIPIENTS OF -BOND FINANCING; with the Resolution read in its entirety. Attorney John Walker, spoke to the Board stating the Resolution is inadequate, weak, and does not address the issue properly. It was his - opinion that a I Human Rights Commission should be established. He further stated that the Resolution is a good faith ` effort on the part of the Directors, but is just a beginning. Upon question by Director Langston of Il any objections to the Resolution, Mr..Walker.said, "I cannot object." A motion by Director Keith, seconded by Director Jones, was then made and resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. , II The next presentation was Ordinance No. 13,682, with the title being: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR,THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING.A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK,.ARKANSAS, AS LESSOR, AND i ARKANSAS MODIFICATION CENTER, AS LESSEE; AUTHORIZING THE SALE OF THE BONDS AND THE EXECUTION OF,A BOND PURCHASE AGREEMENT 'IN CONNECTION THEREWITH; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERE- TO; AND DECLARING AN EMERGENCY; i .and the Ordinance was read the third and last time, having been read the second time on June 19, 1979. Again, Attorney John Walker commented on this proposal and stated that he had expressed his point of 0 view previously and would hope that the Board would not issue revenue bonds to this company. Mr. John C. Calhoun, Jr, of the Arkansas Modification Center asked, "what does-the City get for this bond issue ?" I +, He answered by saying "in addition to what normally comes from the issuance of bonds, the City will own iIa $800,000 piece of property which will derive substantial revenue." Director Keith made a motion that the Ordinance be amended to include the administrative charge, which motion died for lack of a-second. y' There was no further discussion and a roll call was taken on the question, Shall the Ordinance Pass, with the vote being recorded as follows:- Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor iHubbell and Director Jones - total 6; Noes - Director Shackelford - total 1; Absent - None. The Emergency Clause contained in Section 12 of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, j Bussey, Mayor Hubbell and Director Jones - total 6; Noes - Director Shackelford - total 1; Absent - None. Whereupon, the Ordinance, together with the Emergency Section, was declared PASSED. li Introduced for consideration was Ordinance No. 13,683, with the following title: I I AN ORDINANCE ESTABLISHING ADMINISTRATIVE CHARGES FOR REVENUE BOND ISSUES; DECLARING.AN EMERGENCY; I 'I _ AND FOR OTHER PURPOSES; I with the Ordinance being read the first time. Director Keith made a motion that the administrative charge be established at the rate of one -half of one percent of the amount of the bond issue with a maximum of $25,000. Director Langston seconded the motion, commenting that he felt the rate would be ' fair. A roll call was taken on the motion with the outcome being: Ayes - Directors Keith and Langston - total 2; Noes - Directors Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director.Jones - total S; Absent - None,�, After the motion failed, a subsequent motion was made by Director Jones, seconded by 1i Director Mehlburger, that_the_rules_be_suspended_ and the_Ordinance_be_ placed _on- .second_reading,_which �� 1 JULY 3, 1979, Cont'd. 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 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 Mehlburger, seconded by Director Jones, 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 resulted in an Aye.and No Vote being taken on the question, Shall the Ordinance Pass, which is recorded as follows:.. Ayes - Directors Keith,jangston, Mehlburger, Bussey,.Shackelford, Mayor Hubbell and Director Jones - total.7; Noes - None; Absent - None. The.Emergency.Clause contained in Section 4 of the foregoing Ordinance was read at this time and subsequently adopted by-the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance, together with the Emergency Section had PASSED. A Public Hearing had.been scheduled for this time and place regarding the issuance of Industrial Development Revenue Bonds for the purpose of providing permanent financing for industrial facilities for the Affiliated Food Stores, Inc. At this time, Mayor Hubbell declared the Public Hearing open and invited those wishing to address to the issue to come forward. Mr. W. W. Satterfield.of Powell F, Satterfield, Inc. requested the Board of Directors to suspend the rules and pass the Ordinance with the Emergency Clause, in order to deliver the bonds at the earliest possible date. Attorney John Walker asked the Board not to pass the Ordinance at this time because of employment practices of Affiliated Foods. Upon question by Director Shackelford, Mr.. George E. Campbell, Attorney, advised that the company had agreed to pay the required fee and that they were aware of the action being taken regarding employment practices. The Public Hearing was declared closed and the proposed Ordinance was placed on first reading as follows: A proposed Ordinance was presented, described as: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF 1960, AS AMENDED, FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR THE COST OF SECURING AND DEVELOP- ING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE); AUTHORIZING THE AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING CERTAIN OTHER MATTERS PERTAINING TO THE INDUSTRIAL PROJECT, THE CONSTRUCTING THEREOF AND THE FINANCING THEREOF; AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, AS LESSOR, AND SHUR -VALU STAMPS, INC., AS LESSEE, IN SUBSTANTIALLY THEJORM AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THIS ORDI- NANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO, AND DECLARING AN EMERGENCY; ($3,650,000) with -the Ordinance being read the first time; after which there was_a motion by Director Bussey, seconde by Director Keith, that the rules be suspended and the Ordinance be placed on second reading. A roll call was taken on the motion to suspend the rules and is herein recorded as follows: Ayes - Directors Keith, Langston, Bussey and Jones - total 4; Noes - Director Shackelford - total 1; Abstaining - Directors Mehlburger and Hubbell - total 2. The motion for suspension of the rules having failed, the Ordinance remained on the calendar for second reading. Another proposed Ordinance was presented, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 12,649, AND THE BUILDING CODE ADOPTED THEREBY, BY PROVIDING AN ADDITIONAL EXEMPTION UNDER THE PROVISIONS FOR THE HANDICAPPED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, with the first reading having occurred on June S, 1979 (See Minute Record A -6, 6- 5 -79). Mr. Victor Fleming, Attorney, again presented a request for Hodges, Vines, a V/ it JULY 3, 1979, Cont'd. Fox, Allen $ Associates, asking,that condominium dwellings be exempted from accessibility requirements under the Building Code. Mr, Fleming reminded that with the vast number of sales occurring at a stage of construction, it would be a matter of freedom of choice`by the purchaser as to size of doors, space i requirements, etc. He' "requested that the'rules'be suspended allowing passage of the-Ordinance'witfiout ' further delay.' A lengthy discussion ensued in which Mr., Christopher Barrier, Attorney"for the'Bailey I Corporation, spoke in favor of the amendment to the IBuilding Code.' Mr: Charl'e's Hill,'an Architect,' spoke in opposition to the amendment, commenting'that ' very'few floor plans "could not Ue modified, and requested that the matter be delayed until the next meeting. -Mr: Delbert'Lewis with the'State Rehabil- itation Services Division was the other speaker opposing the proposal. He stated that if the Ordinance is passed as proposed, the units "will never be'sold to >is." Director Shackelford asked for Staff-in- put with Mr. Mahlon Martin, Assistant City Manager advising'that' the Staff "recommends the amendment. IM Mr. Bill Davies, "Director of`the Department of Community Services told the Board of'Directors that he goes along with the request by Mr. Hill to delay the matter until`the. next meeting; in order to'discuss and possibly work out recommendations. Again, Mr. Fleming urged passage of the Ordinance as presented. iII Director Langston'stated that he has mixed emotions regarding the proposal and is not ready- to'vote. Upon question by Director,Jones', City Attorney Jack Magruder advised that'in order for condominiums to _ E i be excluded from the requirements, passage of this Ordinance will be necessary. There was no motion to suspend the rules, therefore the'Ordinance remained on the calendar for third and final reading. I Mayor Hubbell then requested the Staff to'meet -with the parties involved in the proposal, before the next meeting. „ Resolution No: 6,174 was next considered; with the title being: " A RESOLUTION- CHANGING THE'NAME'OF JESSIE ROAD TO- RIVERFRONT'DRIVE;" and said Resolution was re'adiin full: A motion-was-made by Director Bussey, seconded by Director" I Mehlburger, for adoption of the Re'solution,'and subsequently to a roll call vote whereby the Resolution i was adopted as follows: Ayes - Directors Keith Langston, Mehlbur, er , Bussey, Shackelford Mayor " Hubbell and Director Jones - total 7; Noes - None; Absent - None. Introduced was Resolution No. 6,175, with the following caption: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR ENGINEERING 'CONSULTING SERVICES FOR MOREHART PARK; (Contract with Environmental Technical Consultants)_ ' I and the Resolution was read in its entirety. There was a motion by 'Director Bussey that the Resolution be adopted. The motion was 'seconded by Director Mehlburger and the Resolution was adopted by the following roll call 'vote: Ayes - Directors Keith, Langston, Mehlburger; Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7,• Noes _' None; Absent - None. The next matter to be considered was Ordinance No. 13,684, entitled: AN ORDINANCE APPROPRIATING $8,500 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR-AN I I EQUAL EMPLOYMENT OPPORTUNITY COORDINATOR AND AUTHORIZING THE CITY MANAGER TO CREATE THE POSITION IN THE CITY MANAGER'S OFFICE; and said Ordinance was read the first time. There was a motion which followed from Director Keith, 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 seven in'number and two - Ithirds 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 Shackelford, seconded by Director Jones, to suspend the rules and place the Ordinance on its third and final reading. The motion was adapted by , I 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 recorded as follows: ✓ ll 1 11 From the Office of —the City Clerk Little Rock, Arkansas City Hall Tel -.: 371 -4765 8 -15 -79 All records have been corrected to reflect appointment of Lex Golden (instead of Hall Allen) to replace Gary Heidt on Museum of Science 4 History Board by Resolution No. 6,177. Correction approved by City Manager's Office (W $ F). This was a last minute change that was made by Museum and agreed to by Board and Manager's Office, but City Clerk's Office was not notified of change. LL) Robbie Hancock Assistant City Clerk JULY 3, 1979, Cont'd. Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Resolution No. 6,176 was next presented, with the following description: I A RESOLUTION AUTHORIZING THE USE OF 1978 SURPLUS FUNDS FOR THE CITY OF LITTLE ROCK'S SHARE FOR THE PURCHASE OF ADDITIONAL BUSSES; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Mehlburger that the Resoluti be adopted. The motion was seconded by Director Langston and the Resolution was adopted by the follow- ing roll call vote: Ayes - Directors Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith - total l; Absent - None. Under Routine Business, a brief discussion ensued regarding the Team -Four Highway #10 Corridor Study and the pending zoning applications along Highway #10. Director Keith suggested that Team -Four be requested to submit a written presentation for study by July 17th. After choosing a date, Mayor Hubbell announced that a Public Meeting will be held on July 25, 1979 at 7:00 P. M. in the Board of Directors Chamber at City Hall, with Team -Four, the three developers who have pending zoning requests along Highway #10, and the public being invited. He further added that he plans to call for a vote on the issues, while several Directors indicated they might not be prepared to vote on that date. Citizens speaking to the Board included Mrs, Grace Miller of S Bella Rosa Drive, who was concerned with commercial zoning along Highway #10; Mr. Steve Dearborn of 9008 Longacre Drive, who complained of unsanitary conditions caused by cats in the neighborhood; and Mr. Jesse L. Thomas, a resident of Pankey Addition who asked what would be the results of the annexation of Pankey. Mr. Thomas was advised that Police and Fire protection would begin immediately and that garbage, sewer and water services are being negotiated. I At 9:40 P. M. Director Langston made a motion, seconded by Director Keith, that the Board recess into Executive Session for the purpose of discussing appointments to various Boards and Commissions. The motion was adopted by unanimous voice vote. At 10:00 P. M. the Board of Directors reconvened in the Board Chamber with Mayor Hubbell presiding and all Board Members answering roll call. A Resolution, No. 6,177, was presented and entitled: d A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE CIVIL SERVICE COMMISSION, CITY SAFETY ` COMMISSION, MUSEUM OF SCIENCE & HISTORY, LITTLE ROCK HISTORIC DISTRICT COMMISSION, OAKLAND- FRATERNAL ' CEMETERY BOARD OF COMMISSIONERS, LITTLE ROCK PORT AUTHORITY AND THE ARKANSAS ARTS CENTER; AND FOR OTHER II PURPOSES; , .(Civil Service Commission: Mr. Lynn Davis F, Judge Darrell F. Brown; CityiSafety Commission: Mrs. Gordon) E P. Oates, Mrs. Ercell Ish, Maurey Loket $ Harlan T. Holmes; Museum of Science $ History: Mr. Lex Golden); Historic District: Mr. John Jarrad; Oakland - Fraternal Cemetery Board: Frank Smith, Mrs. Lilliam Thomasli :`$ Charles R. Shelton; Port Authority: Mr. Fred I. Brown; and the Arkansas Arts Center: Mrs. John R. Gardner, William L. Cravens, Mrs. Dwight E. Linkous, Mrs. Harry W. Pfeifer, Jr., Robert Shults $ ^ 1 Mrs. Charles Alston Jennings) I and there was a complete reading of the Resolution; after which a motion from Director Langston, seconded) i I �II by Director Bussey, resulted in a roll-call vote adopting the Resolution as follows: Ayes - Directors I Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - if None; Absent - None. I As there was no further business to be presented or to come before the Board of Directors, upon motion of Director Langston, seconded by Director Keith, and by unanimous vote of the Board Members I present, the meeting was adjourned at 10:05•o'clock P. M. to meet again iin regular session on Tuesday, 191' i July 17, 1979 at 7:30 o'clock P. M. fl�f2QJ� ATTEST: APPROVED: � i �i City Clerk Mayor w� i Board of Directors Chamber Little Rock, Arkansas July 17, 1979 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. With there being a quorum present, it was duly announced, and the meeting proceeded as described herein: The Invocation was given by Director Jones. City Manager Carleton'E. McMullin announced that the first presentation would be a Status Report on the Shackleford Road Improvements by Mr. Don McChesney, Director of the Engineering Division of the City of Little Rock. Mr. McChesney prefaced the Report by stating that Shackleford Road reconstruction from West Markham Street fo Mara Lynn Road was'one of the three high priorities in the 1976 Bond Program which was approved by the citizens of Little Rock. This portion of Shackleford Road was closed to traffi on July 16, 1979, with several persons voicing opposition to the closure. Mr. McChesney outlined construction and utility problems caused by a water main and telephone junction box, which necessitated ' this action. He further stated that the only way that could be found to continue with the existing roadway contract and to avoid the major delays and costs was to totally close Shackleford Road to traffic and to permit the contractor to commence work within the existing roadway immediately. He invited any- one with a better solution to the problem to present same. There was no further discussion. The first item scheduled for presentation on the Official Agenda was the Consent Agenda, consisting 1 of the following items: (a) The Minutes of the previous meeting held July 3, 1979. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of May, 1979. (c) Resolution No. 6,178, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR DEMOLITION OF CONDEMNED STRUCTURES; AND FOR OTHER PURPOSES. (d) Resolution No. 6,179, described as: ' A RESOLUTION ACCEPTING THE RESOLUTION OF THE LITTLE ROCK PLANNING COMMISSION ENDORSING PROPOSED EXPANSION OF THE LITTLE ROCK MUNICIPAL WATER WORKS SYSTEM AND ESTABLISHING CONDITIONS RELATING THERETO. (e) Resolution No. 61180, with the title being: A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE LITTLE ROCK PLANNING COMMISSION FOR TEAM FOUR, INC. TO UNDERTAKE AN AREA PLAN OF THE I -430 CORRIDOR AND AUTHORIZING FUNDS FOR SUCH (NOT: TO EXCEED $5,000.00); AND FOR OTHER PURPOSES. By a motion from Director Langston, 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 July 3, 1979 were approved as written and summarized to the members of the Board of Directors; (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; and (c, d 6 e) Resolutions No. 6,178, 6,179 and 6,180 were read in full and adopted by the following roll call vote: Ayes - Directors Keith,, Langston,•Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Presentation was then made of the following Zoning Petitions, as approved by the Planning Commission: Z -3357 - Petition from Pat Murtha to rezone Lot 9, Amended Plat of Phase 1 F, 2, Sanford Addition, from "A" One- family District to "D" Apartment District .0 JULY 17, 1979, Cont'd. Z -3361 - Petition from Buz Hooper, Agent for F. Tad Krug, Jay T. Bradford and Sheldon Rand to rezone 10821 Hermitage Road, described as the East 140 feet of the north 250 feet of tract 34 of West Highland Subdivision of SE', of Section 4, Township 1 North, Range 13 West, Pulaski County, Arkansas, from "A" One- family District to "E -1" Quiet Business District. Z -3363 - Petition from David Henry, Attorney for Jim Hall and Dan Phillips, to rezone 66 acres, more or less at Shackleford Road and the I -430 Overpass (long legal description) from "A" One- family District to "E -1" Quiet Business District. Z -3364 - Petition from Jim Hathaway, Jr., Agent for Bob Patton, to rezone 1.17 acres on Jamison Road (long legal description) from "A" One - family bistrict to "I" Light Industrial District. Z -3365 - Petition from Don I. and Mary L. Scott to rezone 422 South Martin Street, described as Lot 6, Block 6, C. H. Taylor Addition to the City of Little Rock, Arkansas, from "A" One - family District to "C" Two- family District. As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,685, as follows) ' Ordinance No. 13,685 was presented, with the title being: I 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 after a first reading of the Ordinance, there was a motion by Director Mehlburger, seconded by Director Keith, to suspend the rules and place the Ordinance on second reading. The motion was un- animously adopted by members of the Board of Directors present, being seven in number and two - thirds or r more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Keith to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Langston, 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. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Presentation was made of Ordinance No. 13,686, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 6320 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. The rules were then suspended and the Ordinance was placed on second reading by motion of Director Keith, seconded by Director Mehlburger, 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, there was a sub- ' sequent motion by Director Keith that the rules again be suspended and the Ordinance be placed on third and final reading. Director Mehlburger seconded the motion, 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 o 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 Noes - None; Absent - None. There was an announcement that the Ordinance had PASSED. ' Presented at this time was Zoning Petition No. Z- 1915 -C from Mr. William Putnam, property vested in W. B. Putnam and Junius Holmes, to rezone 6320 Baseline Road, from "E -1" Quiet Business District to "F" Commercial District, as approved by the Planning Commission. As there was no one present to contest the rezoning of this property, a proposed Ordinance was placed on first reading. (See Ordinance No. 13,686, as follows) Presentation was made of Ordinance No. 13,686, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 6320 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. The rules were then suspended and the Ordinance was placed on second reading by motion of Director Keith, seconded by Director Mehlburger, 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, there was a sub- ' sequent motion by Director Keith that the rules again be suspended and the Ordinance be placed on third and final reading. Director Mehlburger seconded the motion, 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 o 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 JULY 17, 1979, Cont'd. Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. Again the Zoning Appeal (Z -3335) from Fausett and Company to rezone Tract 4 and Tract 13 of Plat ' i of West Highland Subdivision in the SE; Section 4, T -1 -N, R -13 -W, Pulaski County (515 Hardin Road), from "A" One- family District to "E -1" Quiet Business District, denied by the Planning Commission, was presented. A Public Hearing was held June 5, 1979 and after opposition from property owners, the matter was returned to the Planning Commission for restudy. Meanwhile, a meeting was held between the resident and applicant and it was placed back on the Agenda on June 19, 1979 and on that date, deferred until Cj July 3, 1979 with further deferral to July 17, 1979. At this time, Mayor Hubbell announced that the Public Hearing of June S, 1979 would be continued and Mr. Burton Speights, Executive Vice President of V Fausett F, Company and the applicant, was the first to address the issue. He explained that in order to solve the neighborhood drainage problem, he had attempted to obtain an easement across Lot 22, which would be the most feasible way to accomplish this, but the owner, Mrs. Moore, who had agreed to sign the easement is now seeking $2,000 for same. He said all that he can present at this time, is what they have tried to do which would relieve the twenty year drainage problems of the neighborhood. Mr. i James W. Johnston, a resident, advised that so far, an agreement has not been accomplished between the N property owners and Fausett and Company and requested that the property not be rezoned until all re- quirements have been agreed upon. Upon question by Director Jones, Mr. Speights advised that no f attempt has been made to purchase Lot 22, which is for sale by Mrs. Moore. Mayor Hubbell then declared the Public Hearing closed and the proposed Ordinance was then placed on first reading. A proposed Ordinance was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 515 HARDIN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, j 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 followed by a motion from Director Mehlburger, seconded by Director Langston, 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 results recorded as follows: Ayes - Directors Langston, Mehlburger and Mayor Hubbell - total 3; Noes - Directors Keith, Bussey, Shackelford and Jones- total 4; Absent - None. With the motion for the suspension of the rules having failed, the proposed Ordinance remained on the calendar for second reading. ' 1 Ordinance No. 13,687 was presented, entitled: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND . it MAKING SAME A PART OF THE CITY OF LITTLE ROCK AND ASSIGNING SAME TO WARDS; (12.65 Acres south of intersection of Taylor Loop Road and Carter Lane - Court Order dated June 4, 1979) and there was a first reading of the Ordinance. A motion was then made by Director Keith, which was I seconded by Director Mehlburger, that the rules be suspended and the Ordinance be placed on second I I 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 subsequently read the second time, resulting in a motion by Director Mehlburger for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Langston, adopted by unanimous vote of the members of the Board of Directors presem , being seven 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 i the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, , i Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Presented next was Ordinance No. 13,688, described as: �i JULY 17, 1979, Cont'd. 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; ' (Port Lands at the east end of Frazier Pike,,just'east.of Fourche Creek - Court Order dated June'4, 1979) 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 Mehlburger 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 Mehlburger, seconded by Director Langston, for a further suspension of the rules to permit the third and last 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. A Petition (Z -3356) from Harry E. McDermott, Jr., Agent for the City of Little Rock, to rezone Parcel "A ", Lindsey Road Extension, from "A" One- family District to "K" Heavy Industrial District, as approved by the Planning Commission, was the next matter to be considered. There was no one present to speak in opposition to the reclassification of the above - described properties and an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,689, as follows) Ordinance No. 13,689 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED WITHIN THE LITTLE ROCK PORT AUTHORITY 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; (Parcel "A" - Lindsey Road Extension) with there being a first reading of the Ordinance. The rules were then suspended to allow for the second reading of the Ordinance, by motion of Director Keith, seconded by Director Mehlburger, 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, ' followed by a motion from Director Mehlburger for a further suspension of the rules to place the Ordi- nance on third and final reading, which motion was seconded by Director Langston and adopted by un- animous 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 third and last reading of the Ordinance, was an Aye and No Vote taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes- None; Absent - None. It was announced that the Ordinance had PASSED. There was presented Ordinance No. 13,690, 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; (10 Acres located at Mabelvale Cutoff $ Geyer Springs Roads - Court Order dated May 7, 1979) 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 Mehlburger 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 and seconded by Directors Mehlburger and Langston, 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 final reading of the Ordinance, there was an Aye and No Vote taken on JULY 17, 1979, Cont'd. the passage of the Ordinance which. resulted as herein recorded; Ayes — Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones ,- total 7; Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. Zoning Petition No. Z -3355 was next presented from Attorney Philip Kaplan for Mr. and Mrs. B. T. Harwell, to rezone 10 acres at the northwest corner of Geyer Springs Road at Mabelvale Cutoff Road, described as the SE',, SE',, SE',, Section 1, Township 1 South, Range 13 West, Pulaski County, Arkansas, less and except the north and west 40 feet thereof, from "A" One- family District to "F" Commercial District, which had been approved by the Planning Commission. There were no objections presented to the request and the Ordinance to reclassify the property was then.-placed on first reading. (See Ordinance No. 13,691 below) There was presented Ordinance No. 13,691, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NW CORNER OF GEYER SPRINGS ROAD AT MABELVALE CUT -OFF 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 was then made by Director Keith, which was seconded by Director Mehlburger, 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 seven in number ' and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion by Director Mehlburger for a further suspension of the rul to allow for the third and final reading of the Ordinance. The motion was seconded by Director Langs 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; 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Mayor Hubbell then announced that the Ordinance had PASSED. Introduced next was Ordinance No. 13,692, with the following heading: AN ORDINANCE APPROPRIATING FUNDS AND AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR COMPETITIVE BIDS FOR THE REPAIR OF THE CITY HALL DOME; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. Several persons were present in support of the proposal ' to advertise for and take bids on these repairs, rather than the waiver of competitive bidding. Mrs. Jo Kimmins, a member of the Public Affairs Committee of the Quapaw Quarters Association commended the Board for the worthy restoration of the City Hall Dome and the Board's awareness of our local craftsmen. Mr. Jay Core suggested that specifications be prepared in order to obtain the best workmanship. With no further discussion, there was a motion from 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 seven -in number and two - thirds or more of the members o the Board of Directors - elect; and a second reading of the Ordinance followed. A motion was again made by Director Keith and seconded by Director Shackelford to further suspend the rules to allow for the third and final reading of the Ordinance; with 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 Ordinance was read*the third and last time, and the resulting Aye and No Vote taken on the question, Shall the Ordinance Pass, received the following response: Ayes - Directors ' Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Ordinance No. 13,693 was presented, with the title being: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF 1960, AS AMENDED, FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR THE COST OF SECURING AND DEVEL JULY 17, 1979, Cont'd. ING INDUSTRY (THE•PARTICULAR INDUSTRIAL PROJECT -IS DESCRIBED 3N THE ORDINANCE); AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING CERTAIN ' OTHER MATTERS PERTAINING TO THE INDUSTRIAL PROJECT, THE CONSTRUCTING THEREOF AND THE FINANCING THEREOF; AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, AS LESSOR, AND SHUR -VALU STAMPS, INC., AS LESSEE, IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALLY•THE CONTENTS SET FORTH IN AND MADE A PART OF THIS ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO, AND DECLARING AN EMERGENCY; and the Ordinance was read the second time, having been read the first time on July 3, 1979. A Motion followed from Director Langston, seconded by Director Jones, that the rules be suspended and the Ordi- nance be placed on third and final reading. A roll call on the suspension of the rules was taken with the results recorded as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Noes - None; Abstaining - Director Mehlburger and Mayor Hubbell - total 2; Absent - None. With the rules having been suspended, the Ordinance was then read the third and last time and a roll call was taken on the question, Shall the Ordinance Pass, with the results recorded herein: Ayes - Directors Keith, Langston, Bussey, Shackelford and Jones - total S; Noes - None; Abstaining - Director Mehlburger and Mayor Hubbell - total 2; Absent - None. The Emergency Section contained in Section 8 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford and Jones - total S; Noes - None; Abstaining - Director Mehlburger and Mayor Hubbell - total 2; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. A Notice of Public Hearing had been duly published and scheduled for this time and place advising the intention of the Board of Directors to enter into a Memorandum of Agreement between the City of Little Rock, Arkansas, and Arkansas Precision - Machining, Inc. pertaining to the issuance of $1,000;000 industrial development revenue bonds for financing the costs of acquiring, constructing and equipping industrial development facilities. Mayor Hubbell then declared the Public Hearing open and invited persons interested to speak. Mr. Hans D. Purkott, President of Arkansas Precision Machining, Inc., I advised that his company employs sixty persons and requested favorable consideration. Director Shackel- ford expressed thanks to Mr. Purkott for filing additional information on the employment practices of his firm. There were no others desiring to be heard and Mayor-Hubbell declared the Public Hearing ' closed and the following Resolution was read. Resolution No. 6,181 was presented, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND ARKANSAS PRECISION MACHINING INC. PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING INDUSTRIAL DEVELOPMENT FACILITIES; AUTHORIZING.AN APPLICATION FOR GUARANTY OF THE BONDS BY THE ARKANSAS ECONOMIC DEVELOPMENT COMMISSION; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and the Resolution was read in its entirety. There was a motion by Director Bussey that the Resolution be adopted. The motion was seconded by Director Jones and the Resolution was adopted by the following roll. call vote: Ayes - Directors Keith; Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Introduced next was Ordinance No. 13,694, described as: AN ORDINANCE APPROPRIATING $6,500.00 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR LEGAL MINI SERVICES H BYTENPERCCENT(10 % ASSOCIATION I )UPONAPPROVALBY THE AUTHORIZING APPROPRIATION $6,500.00 B CITY ATTORNEY AND THECITYMANAGER; ANDFOROTHERPURPOSES; and after a first reading of the Ordinance, there was a motion by Director Langston to suspend the rules and place the ordinance on its second reading. The motion was seconded by Director Mehlburger-and un- animously adopted by the Board Members present, being seven in number and two - thirds or more of the BI JULY 17. 1979. Cont'd. members of the Board of Directors - elect; and a second reading of the Ordinance ensued. There was a motion then made by Director Keith, seconded by Director Langston, for a further suspension of the rules to permit the third and last 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 is recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent- None. Before Director Shackelford voted, she explained that due to personal problems, "I vote aye." It was therefore announced that the Ordinance had PASSED. There was presented Ordinance No. 13,695, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 12,649 KNOWN AS THE BUILDING CODE OF THE CITY OF LITTLE ROCK, ARKANSAS, BY PROVIDING AN ADDITIONAL EXEMPTION UNDER THE PROVISIONS.FOR THE HANDICAPPED; AND FOR OTHER PURPOSES; which was an amendment to the proposed original amending ordinance read the first and second times on June 5, 1979 and July 3, 1979, respectively. Interested parties held meetings and discussions and reached an agreement with this amendment. A motion followed from Director Mehlburger for adoption of , the amendment, with Director Jones making the second. The motion was adopted by unanimous voice vote of the Board Members present. Mr. Jim Moses, Planner for Hodges, Vines, Fox 4.Associates, and Mr. Delbert Lewis with the State Rehabilitation Services Division, were both in- agreement with the amendment. The Ordinance, as amended, was therefore, read the third and last time and submitted to a roll call vote on the passage of the Ordinance with the results recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was then declared that the Ordinance had PASSED. The matter of setting a date for public hearing and presentation of the Master Street Plan was placed on the Official Agenda for consideration. A motion was made by Mayor Hubbell, seconded by Director Keith, to set the date of Public Hearing on Wednesday, August.7, 1979 at 7:00 o'clock P. M., in the Board of Directors Chamber. The motion was adopted by unanimous voice vote of members of the Board of Directors present. Under "Citizen Communications ", Mr. Jim Rhodes, 1215 Wild Turkey, and Mr. Wayne York of 9315 Cloverhill Road, complained about the July 16th closing of the portion of Shackleford Road from West , Markham Street to Mara Lynn Road for construction purposes. It was their opinion that the street could remain open while under construction and Mr. York presented a petition to the Mayor, signed by residents r opposing the closure. Mayor Hubbell then suggested that Mr. York and Mr. Rhodes meet with the City Manager and Staff to discuss any other alternatives. iThe last presentation was a preliminary report by Mr. Richard Ward of the Team Four Consulting Firm of St. Louis, on the development of lands along the Highway No. 10 corridor west of Interstate 430. Mr. Ward said the area would need about 105 acres of commercial development during the next twenty years, III I adding that it could be placed at points along Highway No. 10 or Hinson Road. He said the south side of Rodney Parham and Highway No. 10 could accommodate about twenty -five per cent of the 105 acres. Mr. Ward's Report proposed that about ten to fifteen acres be made available for retail use within the next five years at the above named intersection and that the balance of another ten to fifteen acres be developed in later phases. Director Jones asked Mr. Ward if this.wouldn't start strip commercial develol I; ment along Highway No. 10. He replied, "it wouldn't if the Board establishes its commercial areas and itsays, 'folks, this is it. "' A Public Hearing has been set for a detailed report by Team Four on Wednes- day, July 25, 1979 at 7:00 P. M. in the Board of Directors Chamber, with the developers and public invite to attend. !flllll JULY 17, 1979, Cont'd, ATTEST: Va4u (� City Clerk 1 1 Mayor 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 Langston, and by unanimous vote of the Board Members present, the meeting was recessed at 9:35 o'clock P. M. until Wednesday, July 25, 1979 at 7:00 o'clock P. M., at which time the Team Four presentation will be made. ATTEST: Va4u (� City Clerk 1 1 Mayor M r Board of Directors Chamber .• Little Rock, Arkansas July 25, 1979 - 7:00 P. M. The Board of Directors_of. the City of,Little Rock, Arkansas met in reconvened session.from July 17, 1979, for a Public Hearing, and the presentation of a portion of the City's Extraterritorial Plan being prepared by Team Four, Inc, and to consider three pending zoning proposals in the High- way #10 Corridor. Mayor Hubbell presided, with Jane Czech, City Clerk, and the following Directors present: Directois'Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared to be present and the meeting proceeded as herein described. The Invocation was given by Director Keith. Mayor Hubbell then announced that the Public Hearing was open and Mr. Nathaniel Griffin, Director of Comprehensive Planning, made a brief presentation of the 1990 Plan prepared by Metroplan and accept ed by the City on December 21, 1971, as it applies to the Highway #10 Corridor. Mr. Griffin commented that the Plan had not been used as an effective tool in guiding land use and planning, noting the Plan calls for most of the Highway #10 study area - that portion west of Interstate 430 - to xemain single- family residential. Mr. Richard Ward, consultant for Team Four, Inc. made the next presentation of a part of the comprehensive land use study being prepared for the City. This portion of the study relates to the Highway #10 Corridor and is entitled "Northwest Sector, Extraterritorial Plan." Mr. Ward reminded the Plan is for the future of Little Rock and is long term. He pointed out land marks on a map of the Plan and explained charts on residential and commercial developments for the next twenty years. He explained that the Major Plan avoids strip zoning. Mr. Ward's report projected the need for 2,710 single - family units and 1,160 multi - family units, within the next twenty years, and also commercial development. In conclusion, Mr. Ward said, "this is not a plan, not a zoning map; it is our best recommendations and you can amend it, accept it or dispose of it." (See detailed report in Petition File of July 25, 1979) At this time, Mayor Hubbell called for comments from persons desiring to be heard relative to the report by Mr. Ward. Mr. Roger Armbrust, Vice President of.Governmental Affairs for the Little Rock Chamber of Commerce advised that the Chamber agrees with the need for an overall land,use plan, but disagrees with the report because of lack of public information, unrealistic figures and specific zon- ing recommendations. Mrs. Willie Oates, a member of the Little Rock Safety Commission, violently opposed zoning in areas "C" and "D" shown on the map displayed by Mr. Ward. Mr. David Henry, a resident in Woodland Heights urged rejection of the concepts built into the Team Four Study. Mr. Jim Finch, Director of Research and Planning for McKay and Company, Developers, said his firm supported the concept and theory of the Team Four Report adding, "it is a good plan - - -it might need a few modifications." Dr. William L. Casey, President of the Pleasant Valley Property Owners Association, called the Plan "a glorified pie -in- the -sky as far as I'm concerned." Upon:,,question by Director Jones Mr. Ward said that between visits to Little Rock, he had talked with Mr. McKay and Mr. Schickel, who are Little Rock land developers. The next presentation was the proposal to rezone the S/W Corner of Highway #10 and Rodney Parham Road (Z- 3295), from "A" One- family District to "Planned Commercial District ", by Attorney Philip Kaplai for the developer, McKay and Company. The proposal was originally approved by the Planning Commission and placed on the Board of Director's February 20, 1979 Agenda, with the ordinance being read the firs time and left on the calendar for second reading. On March 7, 1979, the ordinance was read the second time and with strong opposition presented, referred back to the Planning Commission for reconsideratio r JULY 25. 1979. Cont'd. On April 24, 1979, the Planning Commission denied the zoning proposal. Mr. Kaplan introduced Mr. McKay who stated he was concerned for quality growth and presented a signed statement to the Board Members. Mr. Kaplan told the Board that the above -named location is appropriate for the proposed usage; that public in -put has been considered; that the developer has done everything the City has said to do and the Plan is consistent with every professional planner. He further advised that the zoning for the building on the rear had been changed to "E -1" Quiet Business. Mr. David Henry, the nearest resident to the proposed development said "due to the willingness of the developer to make modification in the PUD, I withdraw personal objection." Upon question by Dr. William L. Casey, Mr. Kaplan explained that the project would generate traffic amounting to 2,145 trips per day. In conclusion, another resident said the City had not addressed to drainage in areas "C" and "D" shown on the Team Four map. Mr. Tom Wilkes, partner of Mr. Louis Schickel, who form the Pleasant Ridge Development Company, was the next speaker. Their Zoning Petition (Z -3294) to rezone 51.21 acres on Highway #10 near South - ridge Drive,;from "A" One - family District to "MF -12 ", "MF -181', "E -1" and "F" Districts, was approved by the Planning Commission. On March 20, 1979, it was placed on the Board of Directors' Agenda and referred back to the Planning Commission. The Planning Commission reconsidered the matter on April 24, ' 1979.and denied the rezoning. Mr. Wilkes told the Board of Directors that this location is large e for a unique development and that good planning is good business. Mr. John Harrington of Metroplan pointed out that this proposed plan is consistent with the 1990 Plan and referred to the petition supporting this zoning application signed by over 160 residents. Dr. William L. Casey questioned if the proposed new road would filter traffic through Pleasant Forest and Pleasant Valley and Mr. Schickel replied, "yes, depending on where they are going." Mr. Alan Glubok spoke in favor of the Plan. He felt that if consideration is given to the gasoline situation, there will be a greater need for more convenience stores. Mr. Tom Milton voiced opposition to growth out Highway #10, stating that one major exist and entrance to Little Rock should remain "green." There was no further discussion on Case No. Z -3294. The 'last Zoning Proposal (Z -3326) was presented by Attorney Stanley Price, for James A. Coyne, Jr. to reclassify 4.67 acres situated at the S/E Corner of Highway #10 and Sam Peck Road, from "A" One- District to "F" Commercial District. The application was considered by the Planning Commission and denied, and'on June 5, 1979, Mr...Price appealed the decision to the Board of Directors with public hearing set for June 19, 1979. The public hearing was declared open on that date and recessed until the Board of Directors considers Zoning Case Nos. Z -3295 and Z -3294. At this time, Mr. Price explained that this development would be a small neighborhood shopping center that would have no adverse effects on public utilities and no curb cuts on Highway #10. He further commented that it is not feasible to use this property for residential purposes. There were no further comments. Mr. Richard Ward of Team Four, made several comments on the proposed projects. With reference to the S/W Corner of Highway #10 and Rodney Parham Road, he felt the development should be redesigned and the site expanded to 9 -10 acres to provide for a supermarket. Regarding the Schickel property, Mr. Ward recommended the commercial development not be approved in order to prevent dominoes of "strip" commercial development from falling to the, west. Upon question by Director Langston,.Mr. Ward said if the McKay property is to be the lead location, it should include a supermarket. At this point in the meeting Director Hubbell declared the Public Hearing closed. Since the three Zoning Applications had been denied by the Planning Commission, it was generally agreed to consider AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT APPLICATION PURSUANT TO SECTION 48.42 OF ORDINANCE #13,340 VARIOUS PARCELS OF LAND LOCATED IN THE CITY OF LITTLE ROCK; (PUD Development - Located at Rodney Parham Road and Highway No. 10) each ordinance again and Mayor Hubbell asked that they be read the first time. ' 111111 A proposed Ordinance was presented, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT APPLICATION PURSUANT TO SECTION 48.42 OF ORDINANCE #13,340 VARIOUS PARCELS OF LAND LOCATED IN THE CITY OF LITTLE ROCK; (PUD Development - Located at Rodney Parham Road and Highway No. 10) JULY 25, 1979, Cont'd. and after a first reading of the Ordinance, there was a motion by Director Keith, seconded by Director Langston, 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 - thirds or more of the members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A sub= sequent motion was made by Director Keith to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by "Director Langston, and adopted by unanimous vote of the members of the Board of Directors p "resent, 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, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Bussey and Mayor Hubbell- total 3; Noes - Directors Langston, Mehlburger, Shackelford and Jones total 4; Absent- None. Therefore, the Ordinance FAILED to pass. Another proposed Ordinance was presented with the title being: AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LYING ALONG THE SOUTH RIGHT -OF -WAY LINE OF ARKANSAS HIGHWAY #10 WEST OF THE INTERSECTION WITH SOUTHRIDGE 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 said Ordinance was read the first time. The rules were then suspended and the Ordinance was placed on second reading by motion of Director Langston, seconded by Director Keith, which was unanimously adopted by members of the Board bf Directors present, being seven in number and two- thirds or more of th members of the Board of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion by Director Keith that the "rule's again'be suspended and the Ordinance be placed on third and final reading. Director Langston seconded the motion, which was adopted by unanimous vote of the 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. 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, Bussey and Jones- total 3; Noes - Directors Langston, Mehlburger, Shackelford and Mayor Hubbell total 4; Absent - None. Accordingly, the Ordinance FAILED to pass. The fast proposed Ordinance to be considered was entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ARKANSAS HIGHWAY 10 AND SAM:'PECK 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 then made by Director. Mehlburger, which was seconded by "Director Keith, that the rules be suspended and the Ordinance be placed on second reading, with the motion being adopted by a voice vote of 6 Ayes with Mayor Hubbell abstaining, being six in number and two - thirds or more of the member's of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion by'Director Keith for a further suspension of the rules to allow 'for the third and final reading of the Ordinance. The motion was seconded by Direct Langston, adopted by voice vote of 6 Ayes with Mayor Hubbell abstaining, 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 - Directo "r Bussey - total 1; Noes - Directors Keith, Langston, Mehlburger, Shackelford and Jones - total S; Abstaining - Mayor Hubbell - total 1; Absent - None. The Ordinance was declared to have FAILED. JULY 25, 1979, 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 Mehlburger, 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, August 7, 1979 at 7:30 o'clock P. M. ATTEST: (� {� �(� APPROVED: l- GC�G City Clerk Mayor I�I 0 l: M Board of Directors Chamber Little Rock, Arkansas August 7, 1979 - 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.discussing appointments to various Boards and Commissions, with Mayor Hubbell presiding and the following Directors answering roll call: Directors Keith, Langston, Mehlburger, Shackelford and Jones - total S; Absent - Director Bussey - total 1. The motion to' recess into Executive Session was made and seconded by Directors Mehlburger and Shackelford, respectiveiy, and unanimously adopted. Board of Directors Chamber Little Rock, Arkansas August 7, 1979 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from Executive Session to regular session with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. It was announced that a quorum was in attendance, and the following is an account of the proceedings: The Invocation was given by Director Langston. The presentation of a bronze plaque was made by Mayor Hubbell to former Mayors Mehlburger and Keith, for-service as Mayor of Little Rock. Mayor Hubbell then announced that a Public Hearing had been duly advertised for this time and place, for the purpose of considering the Master Street Plan for the City of Little Rock and its Planning Jurisdiction; and, declared the Public Hearing open. Mr. Jim Lawson, Chief of Advanced Planning in the Department of Comprehensive Planning, explained and gave background on the Master Street Plan which provides -a comprehensive network. One of the streets shown on the Plan is Arkansas Valley Drive at Rodney Parham Road in Pleasant Valley extended through Pleasant Forest Subdivision to Highway No. 10, has received strong opposition from Pleasant Valley Property Owners. Mr. Lawson stated the Plan is necessary but, the deletion of Arkansas Valley Drive would have no impact on the entire Plan. He further commented that "the main reason we need a comprehensive street plan is to preplan for the development in an area but, many of the streets on the Plan may never be built." Speakers opposed to the Arkansas Valley Drive extension were Ms. Vivian Shields, Dr. George Gillian, Guy Campbell, Col. Charles L. Steel, Randy Keith, Dr. Robert H. Fiser, Ms. Lucy Abraham, Dr. Steve Flanigan, Attorney Christopher Barrier and Dr. William L. Casey; with Col. Steel filing a protest petition signed by Pleasant Valley residents. Each of the above named persons requested that the extension of Arkansas Valley Drive be removed from the Master Street Plan. There was no further discussion, Mayor Hubbell declared the Public Hearing closed and a proposed Ordinance establishing the Master Street Plan was placed on first reading and entitled: AN ORDINANCE ESTABLISHING THE MASTER STREET PLAN FOR THE CITY OF LITTLE ROCK AND ITS PLANNING JURISDICTION; CREATING STREET CLASSIFICATIONS, STANDARDS AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion made by Director Jones, seconded by Director Langston, that the segment of Arkansas Valley Drive where it intersects with Pleasant Valley Drive to the intersection of Rodney Parham Road be stricken from the Master Street Plan. The motion was unanimously adopted by voice vote of the members of the Board of Directors present. A subsequent motion followed from Director Mehlburger to delete Arkansas Valley Drive west of Rodney Parham Road �1 AUGUST 7, 1979, Cont to Highway No. 10 from the Master Street Plan, The motion was seconded by Director Keith and adopted large map of the City which included the project and explained that plans were begun in 1973. Total project cost will be approximately $21,000,000 with $15,000,000 being funded with an EPA Grant. The project is a joint venture by the Sewer Committee and-the Sewer Improvement District and will provide service to the southwest part of the County. The Plan will greatly improve service to the southwest part of the City and will allow for additional growth. Regarding the northwest part of the City, there are presently three new pumping stations under construction which will allow growth northwest of Long - lea to Taylor Loop Road. Mr. Gardner advised that any growth beyond Taylor Loop Road would be without service. The Consent Agenda was presented next, consisting of the following items: (a) The Minutes of the previous meeting held July 17, 1979 and the reconvened meeting held July 25, 1979. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of June, 1979. (c) Resolution No. 6,182; entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR UNIFORMS FOR THE POLICE DEPARTMENT, FOR A TRUCK WITH A DIGGER DERRICK; FOR A TRUCK WITH AN AERIAL BUCKET, FOR A MOTOR GRADER AND FOR BIKEWAY BRIDGES FOR WAR MEMORIAL, BOYLE AND INTERSTATE PARKS; AND FOR OTHER PURPOSES; (d) Resolution No. 6,183, containing the following caption: A RESOLUTION SUPPORTING THE APPLICATION OF THE'DEVELOPERS OF THE CONVENTION CENTER FOR DECERTIFICATION OF THE MARION HOTEL FROM THE OLD STATE HOUSE SQUARE HISTORIC DISTRICT; AND FOR OTHER PURPOSES; By a motion from Director Keith, seconded by Director Mehlburger, 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 July 17, 1979 and the reconvened meeting held July 25, 1979 were approved as written and summarized to the members of the Board of Directors; (b) The Comparative Statement. of Income Account of the Little Rock Municipal Water Works was received and filed; and (c $ d) Resolutions No, 6,182 and 6,183 were read in-full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Ordinance No. 13,696 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 515 HARDIN 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 second time, having been read the first time on July 17, 1979. Mr. Burton Speights of Fausett 4 Company, the applicant (Z- 3335), advised the Board that he had been unable to acquire the easement for drainage improvements but, that he was still in agreement with the twenty -five foot setback on the north and east sides of the property and is still willing to buy the easement for $1,000 if it becomes available at that price. The parcel involved is in-the process of being sold and the new property owner might possibly agree to join with other property owners to cooperate with Fausett g Company in order to receive much needed drainage improvements. Mr. James Johnston, spokesman for property owners in Birchwood, stated that the facts are well known that an 71 by-unanimous voice vote of the members of the Board of Directors present. There was no motion for the suspension of the rules and the proposed Ordinance remained on the calendar for second reading. The next presentation was by Mr. Jerry Gardner, Manager of the Wastewater Utility, on behalf of the Sewer Committee. He made a brief report on the Upper Fourche Creek Sewerage Plan, displaying a large map of the City which included the project and explained that plans were begun in 1973. Total project cost will be approximately $21,000,000 with $15,000,000 being funded with an EPA Grant. The project is a joint venture by the Sewer Committee and-the Sewer Improvement District and will provide service to the southwest part of the County. The Plan will greatly improve service to the southwest part of the City and will allow for additional growth. Regarding the northwest part of the City, there are presently three new pumping stations under construction which will allow growth northwest of Long - lea to Taylor Loop Road. Mr. Gardner advised that any growth beyond Taylor Loop Road would be without service. The Consent Agenda was presented next, consisting of the following items: (a) The Minutes of the previous meeting held July 17, 1979 and the reconvened meeting held July 25, 1979. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of June, 1979. (c) Resolution No. 6,182; entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR UNIFORMS FOR THE POLICE DEPARTMENT, FOR A TRUCK WITH A DIGGER DERRICK; FOR A TRUCK WITH AN AERIAL BUCKET, FOR A MOTOR GRADER AND FOR BIKEWAY BRIDGES FOR WAR MEMORIAL, BOYLE AND INTERSTATE PARKS; AND FOR OTHER PURPOSES; (d) Resolution No. 6,183, containing the following caption: A RESOLUTION SUPPORTING THE APPLICATION OF THE'DEVELOPERS OF THE CONVENTION CENTER FOR DECERTIFICATION OF THE MARION HOTEL FROM THE OLD STATE HOUSE SQUARE HISTORIC DISTRICT; AND FOR OTHER PURPOSES; By a motion from Director Keith, seconded by Director Mehlburger, 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 July 17, 1979 and the reconvened meeting held July 25, 1979 were approved as written and summarized to the members of the Board of Directors; (b) The Comparative Statement. of Income Account of the Little Rock Municipal Water Works was received and filed; and (c $ d) Resolutions No, 6,182 and 6,183 were read in-full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Ordinance No. 13,696 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 515 HARDIN 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 second time, having been read the first time on July 17, 1979. Mr. Burton Speights of Fausett 4 Company, the applicant (Z- 3335), advised the Board that he had been unable to acquire the easement for drainage improvements but, that he was still in agreement with the twenty -five foot setback on the north and east sides of the property and is still willing to buy the easement for $1,000 if it becomes available at that price. The parcel involved is in-the process of being sold and the new property owner might possibly agree to join with other property owners to cooperate with Fausett g Company in order to receive much needed drainage improvements. Mr. James Johnston, spokesman for property owners in Birchwood, stated that the facts are well known that an 71 H AUGUST 7, 1979, Cont'd. agreement has not been reached; that the property described as LoC22 has been sold by McKay and Company and will be closed August 31, 1979. He further advised that free access is still offered across Mr. Watson Ready's property to take care of the drainage problem. The residents are requesting that a , 25 -foot buffer of "A" One- family zoning be retained around the perimeter of Lots 13 and 14 where they border the Birchwood Subdivision; and, that steps be taken to provent additional run -off and that this be incorporated into the zoning proposal. Mr. Johnston further requested that when a building permit is issued for the construction of a building and hard surface parking lot, that if there are still objections, that they be worked out at that time. There was a motion then made by Director Langston, seconded by Director Bussey, for a further suspension of the rules to permit the third and last 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent- None. The Ordinance was then declared PASSED. Introduced at this time was Resolution No. 6,184, with the title being: IIIIIII A RESOLUTION SUPPORTING THE INTENT OF ZONING ORDINANCE SECTION 43 -3(3); (That institutions for children under five years not be allowed in a single - family area) and the Resolution was read in its entirety. Mayor Hubbell asked if Mr.. Ben McMinn, Attorney, had been notified of the proposed Resolution; adding, "I thought we agreed in the Agenda Session to send him a copy of the Resolution." City Attorney Jack Magruder advised that he had requested Staff to notify Mr. McMinn of the proposed Resolution. A motion then followed by Director Langston that the Resolution be adopted. The motion was seconded by Director Jones and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Noes - Mayor Hubbell - total 1; Absent - None. Presented next was Ordinance No. 13,697, described as: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN CONTIGUOUS LANDS TO THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; (Tall Timber West containing 46.84 Acres - Court Order dated June 18,. 1979) 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 Langston 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 Keith, again seconded by. Director Langston, for a further suspension of the rules to permit the third and last 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford,, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. ■ Ordinance No. 13,698 was presented, 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; (Roy Rainey Property - 12500 -12600 Kanis Road, containing 147.96 Acres - Court Order dated July 6, 1979) AUGUST 7, 1979, Cont'd.. III' and said Ordinance was read -the first time. The rules were then suspended and the Ordinance was placed II on second reading by motion of Director Keith, seconded by Director Langston, which was unanimously 'i ' ! 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 sub- sequent motion again made by Director Keith that the rules be suspended and the Ordinance be placed on third and final reading. Director Langston seconded the motion, 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. 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 - l� Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; ! Noes - None; Absent - None. The Ordinance was declared PASSED.. I The next Ordinance to be considered was No. 13,699, described as: AN ORDINANCE APPROPRIATING FUNDS FOR A PLANNING $ ZONING STUDY OF THE I -430 CORRIDOR; AND FOR I' OTHER PURPOSES; ($6,000.00) I� with there being a first reading of the Ordinance. Director Jones made a motion to amend the Ordinance to prohibit the consultant employed from discussing pending zoning cases with applicants or their agents) i -;j in order to obtain true objectivity. The motion was seconded by Director Mehlburger and submitted to j the following roll call vote: Ayes - Directors Mehlburger, Shackelford and Jones - total 3; Noes - N Directors Keith, Langston, Bussey and Mayor Hubbell - total 4; Absent - None. The motion therefore FAILED. The rules were then suspended and the Ordinance placed on second reading by a motion of Directold ICI' Keith, 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. Upon second reading of the Ordinance, there was a subsequent motion by Director Keith, seconded by I' Director Langston, that the rules again be suspended and the Ordinance be placed on third and final III reading. The motion was unanimously g a usly 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 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 recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, III Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. There- I fore, the Ordinance was declared PASSED. �I There was then presented Ordinance No. 13,700, entitled: 111 AN ORDINANCE CREATING THE CITY OF LITTLE ROCK, ARKANSAS HEALTH FACILITIES BOARD (BAPTIST MEDICAL CENTER) PURSUANT TO THE PROVISIONS OF ACT NO. 142 OF THE ACTS OF ARKANSAS OF 1975, AS AMENDED; PRESCRIB- ING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; � and there was a first - reading of the Ordinance. A discussion ensued and Mr. Herschel Friday, Attorney for the Bond Issue advised the Board that Staff Members of the Baptist Medical Center were present to answer any questions the Board Members might wish to ask. He explained the purpose of the Bond Issue is for the issuance of up to $37,000,000 in tax -free, low - interest, .municipal bonds to finance construct i -i ion of a new wing to the western Little Rock hospital; and requested the Board's favorable considerationhl to the proposal. Mr. Friday referred to the Board's concern at the August lst•Agenda Meeting of the i following wording contained in Section 4: "Each Subsequent Project.shall be located within, or near, i the City ", and advised that "or near" had been stricken from the Ordinance. Mayor Hubbell voiced concer� +I, with the authority given the Facilities Board in the present Ordinance, to issue bonds for additional a projects, and felt that each bond issue should have the approval of the City of Little Rock. City ll!i Manager Carleton McMullin advised the Staff's view was also,. that the Board of Directors should approve i, any bond issue. Section 3 of the Ordinance contained the five suggested names for the Facilities Board and_Mr..— Eriday stated. that_ for _personal_reasonsMr._U._D.._ Moore_ is _unable_to_serve_on_the_Board. I r � i — f AUGUST 7, 1979, Cont'd. He suggested that Dr. Harold Betton be named to serve instead of Mr. Moore., Director.Shackelford said she felt this procedure for appointing board members was inconsistent with the Board of Directors' policy and felt it should be opened up for the resume process. There was no further.discussion and a , motion was made by Mayor Hubbell that "the Ordinance be amended so that any future bond issues will have to come back to the City of Little Rock for approval." The motion was seconded by Director Bussey and adopted by the following roll call vote: -Ayes - Directors Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith - .total 1; Absent - None. Another motion followed from Mayor Hubbell, seconded by Director Mehlburger,-that "Dr. Harold Betton be named to the Facilities Board instead of Mr. U. D. Moore." This motion was adopted.by roll call vote as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford; Mayor, Hubbell and Director Jones - total 7; Noes - None; Absent - None. There was a,motion by Director Keith, seconded by Director Bussey, that the rules be suspended and the Ordinance,.as amended, be placed 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. There was a second reading of the Ordinance, as amended, after which a motion was made by Director Mehlburger and seconded by Director Keith that the rules again be suspended and the Ordinance, as amended, be placed 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; whereupon, the Ordinance, as amended, was read the third and last time. The Aye and No Vote was then taken upon the question, Shall.the Ordinance Pass, resulting.as follows: Ayes - Directors Keith, Langston, r Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance, as amended, together with the Emergency Section was then declared PASSED. A proposed Ordinance was presented and entitled: AN ORDINANCE AMENDING SECTION 15 -1(1) AND 15 -1(2) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; ESTABLISHING GARBAGE COLLECTION FEES; AND FOR OTHER PURPOSES; (Single residence or unit - $5.00 per month) ' with the Ordinance being read the first time. Director Bussey.commented that he is opposed to the $5.00 fee and suggested that the monthly fee be set at $4.25 adding, that he is opposed to any increase at all and feels that the City should not make a profit from the Sanitation Department., Director Mehlburger's opinion was that $5.00 is excessive; Director Shackelford was not satisfied with the process in arriving at the increase; and Director Langston agreed it was "piecemeal" but, that an increase is needed. Director Bussey made a motion to "amend the Ordinance to establish a $4.25 monthly garbage collection fee for single- residence or unit of duplex or multiple dwelling." The motion was seconded by Director Mehlburger. There was another motion made by Director Langston, seconded by Mayor Hubbell to "table Director Bussey's amendment." A unanimous voice vote was taken on the motion with the seven Board Members voting "Aye." (Note: There was no vote on Director Bussey's motion and Director Langston' motion was out of order.): There was no further action or discussion and the proposed Ordinance remained II on the calendar for second reading Presentation was made of-a proposed Ordinance, described as: III III , AN ORDINANCE AMENDING SECTION 15.17.1(b) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; ESTABLISHING FEES FOR DUMPING IN SANITARY LANDFILL; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. City Manager Carleton McMullin requested that action be postponed for further study. There was no motion for the suspension of the rules and the Ordinance on the AUGUST 7, 1979, Cont'd. There was presented Ordinance No. 13,701 with the following caption: AN ORDINANCE REPEALING SECTION 26.11.2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; I l (Walker Tennis Center Court Fees) i, with the Ordinance being read the first time; after which there was a motion by Director Keith for a suspension of the rules and the placing of the Ordinance on second reading. The motion was seconded by Director Langston, 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 followed, with a motion thereafter being made by Director Keith, seconded by Director Mehlburger, 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 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. The resulting Aye and No Vote taken on the passage of the Ordinance is herein recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. •A Resolution, No. 6,185, was presented, with the title being: A RESOLUTION ESTABLISHING FEES FOR THE USE OF TENNIS CENTERS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion was made by Director Bussey, seconded by Director Mehlburger, which led to adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and '•Director Jones - total 7; Noes - None; Absent - None. The next matter presented for consideration was Resolution No. 6,186, entitled: A RESOLUTION.ESTABLISHING FEES FOR GOLF COURSES; AND FOR OTHER PURPOSES; The Board of,Directors had studied a proposed Resolution with Sections,l and 4 containing alternatives and Mayor Hubbell made a motion, seconded by Director Jones, that the Resolution be written to include the Alternative in Section 1, with the Alternative in Section 4 deleted. The motion was unanimously adopted by a voice vote of 7 Ayes. There was a complete.reading of the Resolution containing the provisions mentioned above; after which a motion by Mayor Hubbell, seconded by Director Mehlburger, provided for adoption of the Resolution'by a roll call vote recorded as follows: Ayes - Directors IIIIII Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Ordinance No. 13,702 was presented, containing the following caption: AN ORDINANCE REPEALING ORDINANCE NO. 13,179; AND FOR OTHER PURPOSES; (Re: Street Repairs Reimbursement Fee) which 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 Mehlburger 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 followed. The rules were again suspended and.the Ordinance placed on its third and final reading by a motion made and second ed by Directors Mehlburger 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. 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 described: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. 757 1 None. ' The Emergency Clause contained'in Section S of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes — Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that -the Ordinance, together with the Emergency Section had PASSED. Resolution No. 6,187 was then presented, containing the following title: II III ' A RESOLUTION ACCEPTING A BID FOR THE LEASE AND AUTHORIZING THE CITY MANAGER TO LEASE PARCEL NO. 26 LOCATED AT 1800 EAST SECOND STREET; AND FOR OTHER PURPOSES; with the Resolution being read in full, and adopted upon motion of Director Langston, seconded by Director Jones, and the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey Shackelford, Mayor Hubbell and Director Jones - total 7; Noes.- None; Absent - None. Presented for consideration was Resolution No. 6,188, with the title being: , ' A RESOLUTION CONCERNING POSSIBLE CONSOLIDATION OF SERVICES BETWEEN THE CITIES OF LITTLE ROCK AND NORTH LITTLE ROCK; with said Resolution being read in its entirety. There was a motion by Director Keith, seconded by Director Shackelford, for the adoption of the Resolution: The resulting roll call then provided for adoption of the Resolution as herein described: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Proposed Amendments to the Sign Ordinance have been discussed and studied recently by the Board of Directors. The Board now desires to hold a public hearing on the issue and it was agreed to set the , date for hearing on August 21, 1979 at 7:00 P. M. in the Board of Directors' Chamber. AUGUST 7, 1979, Cont'd. Introduced next was Ordinance No. 13,703,'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 BUILDINGS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Mr. Ron Newman of the Capitol Zoning District advised the Board that some of the structures contained in this Ordinance are significant buildings and requested that property owners be urged to rehabilitate the property or sell to someone who would. Mr. Bill Crone, Deputy Prosecuting.Attorney was present and stated that he is the owner of 224 Johnson Street; has spent thousands of dollars improving the property and requested that his property be'removed from the Ordinance. Director Mehlburger then moved that 224 Johnson Street be deleted from the Ordinance with Director Langston seconding the motion, which was unanimously adopted by a voice vote of 7 Ayes. A subsequent motion was then made by Mayor Hubbell and seconded by Director Keith that, "should it later be determined that condemned property has been improved, the City Manager and City Attorney shall be directed to remove the property from condemnation proceedings." This motion was also adopted by unanimous voice vote of 7 Ayes. There' was a motion at this time by Director Mehlburger, seconded by Director Shackelford, to suspend the rules and place the Ordinance, as amended, 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, as amended, 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 Mehlburger; 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, as amended, was followed by an Aye and No Vote taken on the passage of the Ordinance; which 'resulted as herein recorded: Ayes - Directors Keith, Langston;. Mehlburger, Bussey; Shackelford, Mayor Hubbell and Director Jones - total 7; Noes : None; Absent - None. ' The Emergency Clause contained'in Section S of the foregoing Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes — Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that -the Ordinance, together with the Emergency Section had PASSED. Resolution No. 6,187 was then presented, containing the following title: II III ' A RESOLUTION ACCEPTING A BID FOR THE LEASE AND AUTHORIZING THE CITY MANAGER TO LEASE PARCEL NO. 26 LOCATED AT 1800 EAST SECOND STREET; AND FOR OTHER PURPOSES; with the Resolution being read in full, and adopted upon motion of Director Langston, seconded by Director Jones, and the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey Shackelford, Mayor Hubbell and Director Jones - total 7; Noes.- None; Absent - None. Presented for consideration was Resolution No. 6,188, with the title being: , ' A RESOLUTION CONCERNING POSSIBLE CONSOLIDATION OF SERVICES BETWEEN THE CITIES OF LITTLE ROCK AND NORTH LITTLE ROCK; with said Resolution being read in its entirety. There was a motion by Director Keith, seconded by Director Shackelford, for the adoption of the Resolution: The resulting roll call then provided for adoption of the Resolution as herein described: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Proposed Amendments to the Sign Ordinance have been discussed and studied recently by the Board of Directors. The Board now desires to hold a public hearing on the issue and it was agreed to set the , date for hearing on August 21, 1979 at 7:00 P. M. in the Board of Directors' Chamber. CI [1 AUGUST 7. 1979. Cont'd. Under "Citizen Communications ", Mr. 0. D. Tucker spoke to the Board of Directors regarding the Sign Ordinance which he referred to as "unenforceable" and cited considerable problems he had exper in applying for permits. Mr. Tucker was advised of the public hearing to be held relative to the Sign Ordinance and invited to be present at that time. The only other speaker to be heard at this time was Mr. Dailey who commented on damage to garbage containers and pointed out the need for public transportation to medical services. Since there was no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Langston, and by unanimous vote of the Board Members present, the meeting was recessed at 10:10 o'clock P. M. until 8:30 A. M. Wednesday, August 15, 1979 for the purpose of discussing appointments to various Boards and Commissions. ATTEST: I?C-c-k City Clerk APPROVED: Mayor Board of Directors Chamber Little Rock, Arkansas August 15, 1979 - 8:30 A. M. The Board of Directors of the City of Lttie Rock, Arkansas met in reconvened session at 8:30 o'clock A. M., from tfie August 7, 1979 Board of Directors Meeting, to recess into Executive Session for the purpose of discussing appointments to various Boards and Commissions, with Mayor Hubbell presiding and the following Directors present: Directors Keith, Mehlburger and Jones- total 3; Absent - Directors Langston, Bussey and 'Shackelford - tofal*3. The motion to recess into Executive Session was made and seconded by Directors Keith, and Jones, respectively, and unanimously adopted. Board of Directors Chamber Little Rock, Arkansas August 15, 1979 - 9:30 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from Executive Session at 9:30 o'clock A. M., with Mayor Hubbell presiding and Robbie Hancock, Assistant City Clerk, and the following Directors present: Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. It was announced that a quorum was present, and Resolution No. 6,189 was presented, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE PULASKI COUNTY HEALTH COUNCIL AND THE ADVERTISING AND PROMOTION COMMISSION; AND FOR OTHER PURPOSES: (Lottie Shackelford to Pulaski County Health Council; A. M. "Sandy" Keith to replace Mayor Hubbell on Advertising $ Promotion Commission) with said Resolution being read in its entirety. There was a motion by Director Keith, seconded by Director Mehlburger, for the adoption of the Resolution. The resulting roll call then provided for adoption of the Resolution as herein described: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director 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 by Director Keith, seconded by Director Bussey, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:40 o'clock A. M., to meet again in Executive Session on Tuesday, August 21, 1979 at 6:30 o'clock P. M., to discuss appointments to Boards and Commissions prior to the regular meeting., ATTEST: ev City Clerk APPROVED /V Mayor LJ r� Board of Directors Chamber Little Rock, Arkansas August 21, 1979 - 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 discussing appointments-to various Boards and Commissions, with Mayor Hubbell presiding and the following Directors answering roll call: Directors Keith, Mehlburger, Bussey, Shackelford and Jones - total S; Absent - Director Langston - total 1. The motion to recess into Executive Session was made and seconded by Directors Bussey and Jones, respectivel and unanimously adopted. Board of Directors Chamber Little Rock, Arkansas August 21, 1979 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from Executive Session to regular session with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Langston, Mehlburger, Bussey and Jones - total 5; Absent - Director Shackelford - total 1. It was announced that a quorum was present and the meeting therefore, proceeded as herein recorded. The Invocation was given by Director Mehlburger. Mayor Hubbell advised that the first matter to be considered would be a Resolution, No. 6,190, with the title being: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK WASTEWATER UTILITY COMMITTEE (SEWER COMMITTEE AND A REAPPOINTMENT TO THE HOUSING BOARD OP ADJUSTMENT AND APPEALS; (Sewer Committee - Mr. Woodson Walker; Housing Board of Adjustment and Appeals - Mr, Carl H. Miller, Jr.) with said Resolution being read in its entirety. There was a motion by Director Keith, seconded by Director Mehlburger, for the adoption of the Resolution. The resulting roll call then provided for adoption of the Resolution as herein described: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor,Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. It had been advertised that a Public Hearing would be held August 21st in the Board of Directors Chamber, City Hall, Little Rock, Arkansas, at 7:00 P, M., for the purpose of considering amendments to the Sign Ordinance and receiving input from citizens regarding the matter. Mayor Hubbell then declared the Public Hearing open and comments and discussion centered around a proposed Resolution appearing on the Agenda, instructing the City Attorney to draft an ordinance to eliminate billboards, as well as other proposed amendments. There were fifteen persons present to speak against the proposals with Mr, Bob Riley of Donrey Outdoor Advertising Company making the first presentation. Mr. Riley presented a chart and maps to illustrate his contention that the amendments and elimination of billboards would "totally destroy a legitimate business." Others speaking in opposition were: Maurice Lewis, Nevil C. Withrow, Jr., Ms, Tronnie Brassfield, J. E. Robbins, Tal Tutor, Jasper S. Burton, Jr., Tim .Irby, 0. D. Hadfield, Jr., Ted L. Snider, Ray Brown, Dick Lankford, Ben M. Ivey, W. C. "Buddy" Coleman and Pat Walsh, Jr. Mrs. Janet Buford, representing the League of Women Voters urged that the "principle use clause" be returned to the Sign Ordinance and commended Mayor Hubbell for his strong stand on the removal of all billboards. She also, read a letter addressed to the Mayor from David Griner, Jr. in which he agreed with Mayor Hubbell's assertion about billboards (the letter was filed of record with the City Clerk). Mrs. JosKimmins was the other speaker for the proposed amendments who stated, "we want a beautiful city." As a member of the Public Affairs Committee of the Quapaw Quarters Association, Mrs, Kimmins complimented Mayor Hubbell for proposing a Resolution for the removal of billboards and AUGUST 21, 1979, Cont'd. support by the other Board Members. Ms. Anita Thurmond also commended the Mayor. There was no further By a motion from Director'Bussey, seconded by Director Langston, which was adopted by unanimous voice discussion and the Public Hearing was declared closed, and the following proposed Resolution was presented, described as: ' A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE TO ELIMINATE BILLBOARDS; of the previous meeting held August 7, 1979 and the reconvened meeting held August 15, 1979 were approved and there was a complete reading of the Resolution. A motion was made by Mayor Hubbell that the Resolution be adopted. The motion was.seconded by Director Keith and the Resolution FAILED by the following roll call vote: Ayes - Director Keith and Mayor Hubbell - total 2; Noes - Directors Langston, 6,192 and 6,193 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Mehlburger, Bussey and Jones - total 4; Absent - Director Shackelford - total 1. Mr. Don McChesney, City Engineer, presented a brief progress report on the Shackleford Road re- construction project. He advised that the construction has gone well, that overall, it is basically on schedule; and cooperation between all parties has facilitated progress. He further stated that the target date for normal roadway traffic operations is October 15th and that the portion for Terry School access should be completed by September 5th. Introduced next was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held August 7, 1979 and reconvened meeting held August 15, 1979. (b) Resolution No. 6,191, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR A RADIO PAGING SYSTEM FOR THE DEPARTMENT OF GENERAL SERVICES, AND FOR THE•STEPHENS SCHOOL AND OAK FOREST STORM DRAINAGE 4TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS; AND FOR OTHER PURPOSES. (c) Resolution No: 6,192, described as: A RESOLUTION ENDORSING THE PROPOSED EXPANSION OF THE LITTLE ROCK WASTE WATER UTILITY SYSTEM; AND FOR OTHER PURPOSES. (d) Resolution No. 6,193, with the title being: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO CONVEY TO R. WINGFIELD MARTIN AND BOBBIE AN MARTIN,' HIS WIFE, THE LANDS PURCHASED FROM THEM FOR THE.MAUMELLE SEWER TREATMENT PLANT SITE; AND FOR OTHER PURPOSES. By a motion from Director'Bussey, seconded by Director Langston, 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 7, 1979 and the reconvened meeting held August 15, 1979 were approved as written and summarized to'-,the members of the -Board of Directors; and •(b, c $ d) Resolutions No. 6,191, 6,192 and 6,193 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. II Presentation was then made of the following Zoning Petitions, as approved -by the Planning Commission: Z -3372 - Petition from James R. Munson, Agent for G. C. Lurvey to rezone the 4800 Block of West, 65th Street, described as Lot 5, Marvin Bass Industrial Acres #2 Addition to the City of Little Rock, from "F" Commercial District to "H" Business District. 2 -3376 - Petition from Charles A. Brown,.Attorney for Paul•D.'Morriss, et al, to rezone the north- west corner of Shackleford Road at Markham-Street, described as the South 1/2 of the Northeast 1/4 of, the Northeast 1/4 of Section 4, Township 1 North, Range 13 West, in the City of Little Rock, Pulaski County, Arkansas, from' "A" One- family District to "F" Commercial District. , Z -3377 - Petition from Basil Copeland for the Arkansas Children's Hospital to rezone 908 Wolfe Street, described as the N1�2 of Lot 10 and the S, of Lot 11, Block 10, Marshall and Wolfe's Addition to the City of Little Rock, from "C" Two- family District to "E -1" Quiet Business District. AUGUST 21, 1979, Cont'd. li As there was no one present to speak in opposition to the reclassification of the above - described I i properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,704, N' ' as follows) it Ordinance No. 13,704 was presented, containing the following caption: �;II I 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 after a first reading of the Ordinance, there was a motion by Director Bussey, seconded by Director III Langston, to suspend the rules and place the Ordinance on second reading. The motion was unanimously III adopted by members of the Board of Directors present, being six in number and two - thirds or more of the III members of the Board of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was again made by Director Bussey to suspend the rules and place the Ordinance on third and final reading; which motion was again seconded by Director Langston, 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 `I the Board of Directors - elect. There was a third and final reading of the Ordinance, after which an Aye II and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1.. Whereupon, the Ordinance was declared PASSED: v Next presented was Resolution No. 6,194, entitled: A RESOLUTION ENDORSING THE CITY RIVERFRONT REDEVELOPMENT PLAN; ADOPTING THE CITY RIVERFRONT REDEVELOPMENT PLAN AS A GUIDE TO REDEVELOPMENT IN THE AREA OF THE ARKANSAS RIVER FRONTAGE BETWEEN THE ll STREET III MAIN AND BROADWAY STREET BRIDGES; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. There was an ensuing motion from Director Jones, seconded by Director Keith, which resulted in a roll call vote adopting the Resolution as follows: Ayes Directors Keith, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None;' Absent - Director Shackelford - total 1. - Introduced at this time was Resolution No. 6,195, described as: I A RESOLUTION CALLING A PUBLIC HEARING ON THE REZONING OF CERTAIN PROPERTY OWNED BY LOUIS E. SCHICKEL WHICH PROPERTY WAS PROPOSED TO BE RECLASSIFIED FROM "A" ONE- FAMILY TO 'IMF-1211 MULTI - FAMILY AND "MF -18" VII MULTI- FAMILY IN REZONING CASE NO. Z-3294 AND IS GENERALLY DESCRIBED AS FOLLOWS: A TRACT OF LAND LOCATEDr IN THE SOUTH ONE -HALF, NORTH ONE -HALF OF SECTION 21, TOWNSHIP 2 NORTH, RANGE 13 WEST, PULASKI COUNTY, ARKANSAS; AND FOR OTHER PURPOSES; II (September 4, 1979 at 7:30 P. M.) III! and the Resolution was read in full. Mr. Louis E. Schickel requested that the Board of Directors set a public hearing and rehear his proposal to rezone the above - described property because he is now only asking for multi - family zoning for the construction of condominiums. He reminded that the former ill i proposal was approved by both the Staff and Planning Commission and there were no objections. The 1, original plan included zoning for commercial and office uses and was considered along with three other applications. Director Bussey said that he would like to see all four issues reconsidered at the same I� time, with Director Keith in agreement; however, Mayor Hubbell advised that the other three applicants had not requested a rehearing. Director Jones expressed support for Mr. Schickef's rehearing and also, I„ the other three proposals, provided the applicants would rework their applications to include quality II' residential development. Director Mehlburger said that he felt "to take one case and pull out part of it is the wrong procedure" and urged the Board to vote against another hearing. There was a motion by Mayor Hubbell, seconded by Director Langston, which resulted in adoption of the Resolution by the follow- ing roll call vote: Ayes - Directors Keith, Langston, Mayor Hubbell and Director Jones - total 4; Noes V ^ii Directors Mehlburger and Bussey - total 2; Absent - Director Shackelford - total 1. The next item to be presented from the Official Agenda was the Petition of Willie G, and Pearl L. I} Coffey, et al, requesting that the Board of Directors comply with the recommendation of the Planning IT AUGUST 21, 19-7q, Contd. Commission to vacate and close.the portion of 41st Street between Malloy and Elam Streets. Accompanying the Petition was a letter from the Beach Abstract and Guaranty Company certifying to the last apparent owners of record of the abutting property; and also a certified copy of the Plat of John Barrow's Addition to the City of Little Rock, as recorded in the Office of the Circuit Clerk and Ex- Officio Recorder in Plat Book No. 1 at Page 55. (See Resolution No. 6,196, as follows, which sets the date of Public Hearing on this matter for September 4, 1979) Resolution No. 6,196 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 41ST STREET BETWEEN MALLOY AND ELAM STREETS, CITY OF LITTLE ROCK, ARKANSAS; and there was a full reading of the Resolution; which was thereafter adopted by motion of Director Keith, seconded by Director Bussey, and by the following 'roll call vote: Ayes - Directors Keith, Langst Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Ordinance No. 13,705 was presented, 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 AND ASSIGNING SAME TO WARDS; (33.57 Acres located at 36th and Romine Road - Court Order dated July 16, 1979) with the Ordinance being read the first time; followed by a motion from Director Keith that the rules be suspended to allow for the second reading of the Ordinance. The motion was seconded by Director Langsto 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 a subsequent motion by Director Keith, again seconded by Director Langston, that the rules again be suspended and the Ordinance be placed on third and final reading; with the motion be 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, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the responding vote being: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. There was then presented Ordinance No. 13,706, containing the following title: AN ORDINANCE AMENDING SECTION 15- 17.1(b) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; ESTABLISHING FEES FOR DUMPING IN SANITARY LANDFILL; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on August 7, 1979. A motion was made by Director Keith and seconded by Director Mehlburger that the rules be suspended and the Ordinance be placed on third and final 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 third and last time with the Aye and No Vote being taken upon the question, Shall the Ordinance Pass, resulting as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Direc Shackelford - total 1. It was announced that the Ordinance had PASSED. Resolution No. 6,197 was considered next, described as: A RESOLUTION STATING THAT THE CITY WILL CALL AN ELECTION WHEN ONE IS NEEDED TO SUPPORT THE CONSTRUCTION OF A SLACK WATER HARBOR AS REQUESTED BY THE PORT AUTHORITY; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution. Upon motion of Director Bussey, which was seconded by Director Keith, the Resolution was adopted by the following vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackel ford -- total 1. l t AUGUST 21. 1979. Cont'd. There was presented Ordinance No. 13,707, containing the following caption: AN ORDINANCE AUTHORIZING THE ISSUANCE OF TEMPORARY TOURISM REVENUE REFUNDING BONDS; PRESCRIBING 1111111 OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; with the Ordinance being read the first time; after which there was a motion by Director Keith for a suspension of the rules and the placing of the Ordinance on second reading. The motion 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. A second reading of the Ordinance followed, with a motion thereafter being made by Director Keith, seconded by Director Mehlburg 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, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Emergency Section contained in Section 28 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. Presentation of Resolution No. 6,198 was made at this time, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF LABOR FOR PROGRAM FUNDING FOR THE TITLE IIB, YETP AND YCCIP PROGRAMS FOR THE FISCAL YEAR 1980; AND FOR OTHER PURPOSES; and said Resolution was read in full, and followed by a motion from Director Bussey, seconded by Director Jones, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Presented for consideration at this time was Ordinance No. 13,708, with the title being: AN ORDINANCE AMENDING SECTION 26 -12 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; CHANGING THE NAME OF THE MUSEUM OF SCIENCE AND NATURAL HISTORY TO THE MUSEUM OF SCIENCE AND HISTORY; AND FOR OTHER PURPOSES; which Ordinance was read the first time. A motion followed from Director Keith, 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 six 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 j a motion made and seconded by Directors Mehlburger and Jones, respectively, and unanimously adopted by NI 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 passage of the Ordinance, with the resulting vote recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. Introduced next was a proposed Ordinance with the description being: AN ORDINANCE REPEALING ORDINANCE NO. 12,865 (MASTER STREET PLAN REVISION) AND ORDINANCE NO. 12,077 (THE MASTER STREET PLAN OF THE CITY OF LITTLE ROCK PLANNING AREA) AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance, followed by a motion from Director Langston, seconde by Director Keith, 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 AUGUST 21, 1979, Cont'd. the Ordinance ensued. There was no motion for a further suspension of the rules and the Ordinance remained on the calendar for third and final.reading. There was another proposed Ordinance presented, entitled: AN ORDINANCE ESTABLISHING THE MASTER STREET PLAN FOR THE CITY OF LITTLE ROCK AND ITS PLANNING JURISDICTION; CREATING STREET CLASSIFICATIONS, STANDARDS AND FOR OTHER PURPOSES; and the Ordinance was read the second time. A discussion followed on the need for possible changes in the Plan, with Mr. Jim Lawson, Chief of Advanced Planning explaining the design of the project to this point. He stated that before any big changes are made, the Staff would like to have a review of the proposals. Director Mehlburger commented that he feels much more study should be given to the Mid - Town Expressway and that he will have an amendment removing the Louisiana Street Ramp and changing the alignment of the County Farm Road. There was no further discussion and no motion for the suspension of the rules therefore, the Ordinance remained on the calendar for third and final reading. Resolution No. 6,199 was considered next with the description being: A RESOLUTION AUTHORIZING THE REPROGRAMMING OF THE COMMUNITY DEVELOPMENT GRANT FUNDS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. Ms. Marie Gamble of 1219 W. 35th Street informed , the Board of Directors of serious problems with the Housing Repair Program. She cited shoddy workman- ship in roofing and electrical work'and complained that the Housing Authority inspections are too brief and that many of the problems are missed. She asked that the $380,000 CDBG Funds left from last year be used for the proper repair of homes. Ms. Lela Smith requested that a "Citizens' Review Board" be created to investigate complaints of shoddy workmanship, and that a hearing be held by the Review Board with the City providing a meeting room. Mr. Otto Hemphill of 2020 State Street reinforced what Ms. Gamble and Ms. Smith said, urging that the $380,000 be used to re =do some of the work on home improve- ments. Director Langston stated that he feels some people are really getting "ripped off." Mayor Hubbell advised Ms. Gamble and Ms. Smith that the creation of a "Citizens' Review Board ", will be plac on the Board's next Agenda. A motion was then made by Director Bussey, seconded by Director Keith, the Resolution be adopted. A roll call'was taken on the motion which adopted the Resolution as follows: Ayes - Directors Keith, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Abstaining - Director Langston - total 1; Absent - Director Shackelford - total 1. There was presented Ordinance No. 13,709, entitled: IIII I AN ORDINANCE CONDEMNING CERTAIN PROPERTY DESCRIBED AS LOT-12, BLOCK 4, BOONE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Owned by Joyce Berger, 2900 West Capitol Avenue - Woodrow Street Improvement Project) with said Ordinance being read for the first time. Mr. David Elms, Jr. of 118 Brown Street spoke regarding this condemnation commenting that it is a minor thing that has come up in the Woodrow Street Improvement CDBG Project. He explained that the 50 square foot area to be condemned is owned by a lady who was opposed to the project in the beginning, and is basically necessary to bring a curbing on Woodrow Street around to Sth Street. It was his opinion that the condemnation should be carried out. There was no further discussion and a motion followed from Director Keith, seconded by Director Bussey, 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 Ordinance 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 Keith, again 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, resulting in an Aye and No Vote being taken on the question, Shall the Ordinance Pass, AUGUST 21, 1979, Cont'd. Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Emergency Section contained in Section 4 of the foregoing Ordinance was then read and adopted ' by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger; Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. It was therefore, declared that the Ordinance, together with the Emergency Section had been PASSED. Introduced at this time was Ordinance No. 13,710, with the title being AN ORDINANCE GRANTING RIGHTS -OF -WAY OVER AND ALONG CERTAIN STREETS AND ALLEYS IN THE CITY'OF LITTLE ROCK, ARKANSAS TO WILLIAM M. GIBBONS, TRUSTEE OF THE PROPERTY OF CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, DEBTOR, AND PRESCRIBING THE TERMS AND CONDITIONS OF SUCH GRANT, AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A discussion ensued regarding the length of term to be granted for the rights -of -way and advertising within same. A motion followed from Director Keith and seconded by Director Hubbell that the Ordinance be amended to "reduce the term to one year and that all off - premise advertising be removed from railroad rights -of -way within five years." A roll call was takei on the amendment with the following results: Ayes - Director Keith and Mayor Hubbell - total 2; Noes - ' Directors Langston, Mehlburger, Bussey and Jones - total 4; Absent - Director Shackelford - total 1. The motion having FAILED, Mayor Hubbell made a subsequent motion to "reduce the term to one year." The motion was seconded by Director Keith and adopted by unanimous voice vote of the members of the Board of Directors present. The rules were then suspended and the Ordinance, as amended, placed on second readin 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 Bussey, seconded by Mayor Hubbell, 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 Baord of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion made by Director Bussey that the rules be suspended and the Ordinance be placed on third and final read- ing. Director Mehlburger 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, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackel- ford - total 1. It was announced that the Ordinance had PASSED. Under "Citizen Communications" Ms. Erma Hendrix expressed gratitude to the Board of Directors for her appointment to the Metropolitan Services Study Commission. Mayor Hubbell thanked Ms. Hendrix for hex by a motion from Director Bussey, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - Director Mehlburger - total 1; Absent - Director Shackelford - total 1. Upon second reading of the Ordinance, there was a motion again made by Director Keith that the rules be suspended and the Ordinance, as amende be placed on third and final reading. Director Bussey seconded the motion, which was adopted by un- animous 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, as amended, ensued, after which there was an Aye and No Vote taken on the passage of the Ordinance, as amended, which resulted as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was therefore declared PASSED. The last Ordinance to be considered was No. 13,711, entitled: AN ORDINANCE AMENDING THE FIRST PARAGRAPH OF SECTION 43- 22(4)(M) ESTABLISHING THE REQUIREMENTS FOR NOTICE TO RECORD PROPERTY OWNERS BEFORE A VARIANCE REQUEST IS CONSIDERED BY THE BOARD OF ZONING ADJUST- MENT; 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 Bussey, seconded by Mayor Hubbell, 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 Baord of Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion made by Director Bussey that the rules be suspended and the Ordinance be placed on third and final read- ing. Director Mehlburger 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, Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackel- ford - total 1. It was announced that the Ordinance had PASSED. Under "Citizen Communications" Ms. Erma Hendrix expressed gratitude to the Board of Directors for her appointment to the Metropolitan Services Study Commission. Mayor Hubbell thanked Ms. Hendrix for hex �VV I it AUGUST 21, 1979, Cont'd. I C willingness to serve. Mr. David Elms, Jr. speaking as a private citizen advised that West 7th Street between Woodlane , II and Summit Streets are badly in need of repairs. As a member of the Woodruff School CDBG Committee, he commended Mr. Tony Bozynski and Mr. Robert Atkinson of the City Staff for their work and development Ili! j of a land use plan for the project. III Mr. C. M. Dailey, 1504 Marshall Street, voiced the need for public transportation to Fort Roots, the Air Force Base and Medical Facilities. He also cited the need for the viaduct on West 13th Street to alleviate traffic flow on West 12th Street. Since there was no further business to be presented or to come before the Board of Directors, i upon motion by Director Bussey, seconded by Director Jones, and by unanimous vote of the Board Members present, the meeting was recessed at 9:30 o'clock P. M. to meet again in Executive Session on Wednes- i day, ust 29 =1979 at 8:30 o'clock A. M. to discuss appointments to Boards and Commissions. Y, g. . � ,. PP t ATTEST: APPROVED: --40eAcl V City Clerk Mayor i i !I I� i! I I - i it I I I I I I I IV I I I 1 �I !I I! I� I I„ _ _I Board of Directors Chamber Little Rock, Arkansas August 29, 1979 - 8:30 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened at 8:30 o'clock A. M. from the August 21, 1979 regular meeting, to recess into Executive Session for the purpose of discussing appointments to Boards and Commissions and to evaluate the City Manager. Vice Mayor Bussey presided and the following Directors answered roll call: Directors Keith, Langston, Mehlburger and Jones - total 4; Absent - Director Shackelford and Mayor Hubbell - total 2. The motion to recess into Executive Session was made and adopted by Directors Mehlburger and Keith, respectively, and unanimously adopted. Board of Directors Chamber Little Rock, Arkansas August 29, 1979 - 10:30 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from Executive Session at 10:30 o'clock A. M. with Vice Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Mehlburger, Shackelford and Jones - total 5; Absent - Mayor Hubbell - total 1 A quorum was present and Vice Mayor Bussey announced 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 Shackelford, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:35 o'clock A. M. to meet again in regular session on Tuesday, September 4, 1979 at 7:30 o'clock P. M. ATTEST: City Clerk APPROVED: Vice Mayor f Board of Directors Chamber Little Rock, Arkansas I September 4, 1979 - 7:30 P. M. , i The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and City Clerk Jane Czech, with the following Directors present:. Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - .None. I A quorum was declared to be present, and the proceedings of the meeting are recorded as follows: The Invocation was given by Vice_Mayor Bussey. Presented first from the Official Agenda were the Consent Items, described as follows: r (a) The Minutes of the previous meeting held August 21, 1979 and the reconvened meeting held August 29, 1979. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for i the month of July, 1979. E By motion of Director Bussey, seconded by Director Mehlburger, with all Board Members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and I I summarized to the Board of Directors; and (b) The Comparative Statement of Income Account of the i i Municipal Water Works was received and filed. 1 A presentation was made by Mr. Jeffrey Hawkins, President of the East End Civic League, in which j r, he filed a survey of vacant lots where weeds and grass are so high that rattlesnakes and rats have been seen adding, "they make a good hide out for thieves." The.survey listed ninety -eight locations in the City and Mr. Hawkins asked the City to improve the enforcement of the weed lot ordinance to eliminate these conditions. He introduced several other residents from the eastern side of the City who further described conditions caused by the weed growth. Mayor Hubbell requested the City Manager to have a report on the matter for the Wednesday, September 12th Agenda Meeting. I • Ms. Margaret McCrainey, a member of Arkansas Community Organization for Reform Now,.presented a complaint on the proposed increase for garbage collection in the City of Little Rock. The statement demanded, "we want you to hold the line on garbage rate increases until you can give us the quality service our low to moderate income neighborhoods deserve." There was no further discussion. ' A Public Hearing had been scheduled for this time and place, on motion of the Board of Directors, I to hear arguments on the proposal by Louis E. Schickel to rezone property located in Section 21, T-2-;-N, R -13 -W, Pulaski County, Arkansas, on Highway No. 10 near Southridge Drive, from "A" One - family District I to 'IMF-1211 and 'IMF-1811 Multi- family Districts. Mr. Schickel previously filed an application to. include i "E -1" Quiet Business and "F" Commercial Districts which was denied by roll call vote on the passage of �I the proposed Ordinance. As Notice of the Public Hearing had been duly published on September 27, 1979, jand 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. Mr. Schickel advised the Board that he would II be happy to answer any questions they might have regarding the proposed development. Mr. B. J. Hirshorn, a resident of the Waltong Heights Area suggested that before the authorization of multi - family zoning, I that streets be provided to handle the traffic generated by this type of zoning. The discussion then I concluded and the Public Hearing was declared closed, with the Ordinance to reclassify the property I being placed on first reading. (See Ordinance No. 13,712 below) There was presented Ordinance No. 13,712, entitled: ' AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN SECTION 21, T2N, R13W, PULASKI COUNTY, ARKANSAS, 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; I ✓ �i I i SEPTEMBER 4, 1979, Cont'd. 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 Mayor Hubbell and Director 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. The Ordinance was then read the second time; after which a discussion ensued. Director Mehlburger advised that he has problems with zoning only a part of the trac leaving "E -1" which is not subject to rezoning tonight. He said, "zoning two tracts and leaving the rest, bothers me." Upon question by Director Mehlburger, Mr. Nathaniel Griffin, Director of Comprehensi Planning advised that, in his opinion, multi - family is the best use of the property and that there is no market for "E -1." Director Mehlburger then made a motion that "the portion west of Fairview Road be zoned- :?!MF -18" except the section shown as "MF -12," The motion was seconded by Director Langston. At this point, Mr. Schickel requested that the vote be taken on the issue as requested and following brief discussion, Directors Mehlburger and Langston withdrew the motion and second. There was an ensuing motion by Director Langston, seconded by Director Keith, for a further suspension of the rules and the None. Accordingly, it was announced that the Ordinance had PASSED. Considered at this time was Ordinance No. 13,713, with the title being: AN ORDINANCE CALLING A PUBLIC HEARING ON THE PROPOSED ZONING ORDINANCE ON SEPTEMBER 25, 1979 AT 2:00 P. M.; 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 Langston, 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 from Director Keith, again seconded by Director Langston, 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 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordfna`nce had PASSED. Again presented was the request of Willie G. and Pearl L. Coffey, et al, to vacate and close the potion of West 41st Street between Malloy and Elam Streets in John Barrow Addition to the City of Little Rock, as approved by the Planning Commission. Notice of the Public Hearing which had been designated fo this time and place, had been published on August 23, 1979 and August 30, 1979; and receipts for in- dividual notices to property owners in the immediate vicinity had been filed in the Office of the City Clerk. Mayor Hubbell declared the Public Hearing open at this time and Mr. Willie Corbin, one of the petitioners, was the only speaker who requested the street be closed. There was no opposition presented and Mayor Hubbell declared the Public Hearing closed, with an Ordinance providing for this street closur being placed on-,first reading. (See Ordinance No. 13,714, as follows) ' Ordinance No. 13,714 was presented, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING 41st STREET BETWEEN MALLOY AND ELAM STREETS JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; 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 Langston, 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 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, Langston, INMehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Accordingly, it was announced that the Ordinance had PASSED. Considered at this time was Ordinance No. 13,713, with the title being: AN ORDINANCE CALLING A PUBLIC HEARING ON THE PROPOSED ZONING ORDINANCE ON SEPTEMBER 25, 1979 AT 2:00 P. M.; 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 Langston, 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 from Director Keith, again seconded by Director Langston, 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 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordfna`nce had PASSED. Again presented was the request of Willie G. and Pearl L. Coffey, et al, to vacate and close the potion of West 41st Street between Malloy and Elam Streets in John Barrow Addition to the City of Little Rock, as approved by the Planning Commission. Notice of the Public Hearing which had been designated fo this time and place, had been published on August 23, 1979 and August 30, 1979; and receipts for in- dividual notices to property owners in the immediate vicinity had been filed in the Office of the City Clerk. Mayor Hubbell declared the Public Hearing open at this time and Mr. Willie Corbin, one of the petitioners, was the only speaker who requested the street be closed. There was no opposition presented and Mayor Hubbell declared the Public Hearing closed, with an Ordinance providing for this street closur being placed on-,first reading. (See Ordinance No. 13,714, as follows) ' Ordinance No. 13,714 was presented, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING 41st STREET BETWEEN MALLOY AND ELAM STREETS JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; 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 Langston, l '; SEPTEMBER 4, 1979, Cont'd. 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 Director Bussey, seconded by Director Mehlburger, 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, and the resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Where- upon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 13,715, 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; and the,Ordinance was read the first time. There was a motion which followed from Director Keith, seconded by Director Mehlburger, 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 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 Mehlburger, seconded by Mayor Hubbell, 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Zoning Petition No. Z -3353 was next presented from the City of Little Rock to rezone a portion of Gillam Park Land (long legal description) located on Highway No. 167, six thousand feet south of I -30, from "A" One - family District to "K" Heavy Industrial District to be used as a granite quarry. The Planning Commission approved the rezoning with the condition that the 3M Company secure the area with a fence. -There were no persons in attendance to present opposition to the Petition, and an Ordinance to reclassify the property was placed on first reading. (See proposed Ordinance below) There was presented a proposed Ordinance, with the title being; , AN ORDINANCE RECLASSIFYING PROPERTY LOCATED NEAR THE SW CORNER OF GILLAM PARK, SECTION 26, TIN, R12W 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. A- motion was then made by Director Keith, which was seconded by Director Mehlburger, that the rules be suspended and the Ordinance be placed on second read ing; with the motion being unanimously adopted by members of the Board of Directors - elect. The Ordinan was subsequently read the second time. Upon question by Director Shackelford, City Manager Carleton McMullin advised that the 3M Company had not.agreed to the construction of the fence due to the fact that it will be some time before the property will be used for mining purposes and a fence would deter- iorate to the extent that it would have to be replaced if built now. With this comment, it was general agreed to leave the Ordinance on the calendar for third and final reading and there was no motion for the suspension of the rules. Therefore, the proposed Ordinance remained on the calendar for third and final reading. , Presented next was Ordinance No. 13,716, described as: AN ORDINANCE. APPROPRIATING $150,000 FROM THE UNAPPROPRIATED BALANCE OF THE STREET FUND FOR STREET RESURFACING; AND FOR OTHER PURPOSES; SEPTEMBER 4, 1979, Cont'd. 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 Mehlburger 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 Mehlburger, seconded by Mayor Hubbell, for a further suspension of the rules to permit the third and last 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 being taken on the.passage of the-Ordinance and recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Ordinance No. 13,717 was presented, entitled: AN ORDINANCE APPROPRIATING $46,000 FROM THE CAPITAL IMPROVEMENT PROJECT FUND FOR KANIS PARK; 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 Keith, seconded by Director Mehlburger, 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, there was a sub- sequent motion made by Director Mehlburger that the rules be suspended and the Ordinance be placed on third and final reading. Mayor Hubbell seconded the motion, 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.. A third and last reading of the Ordinance ensued, after which an Aye and No Vote was taken upon the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Resolution No. 6,200, with the title being: A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF LITTLE ROCK TO CONSENT TO THE "CONSENT TO ASSIGN- MENT OF LEASE" (SAVERS SKY WALKS) AGREEMENT ON BEHALF OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OT PURPOSES; with there being a complete reading of the Resolution. A discussion followed in which Director Keith stated, "this is a franchise - - -a franchise has to be voted on twice.and I recommend that we not act on this tonight; that we review the records and find out if we had a Public Hearing - - -it was not voted on twice." City Attorney Jack Magruder explained that this Resolution does not grant a franchise and that he personally does not have a problem with its adoption.. A motion was then made by.Director Mehlburger, seconded by Director Jones, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes - .Directors Keith, Langston,-Mehlburger, Bussey, Shackelford, Mayor.Hubbell and Director Jones - total 7; Noes - None; Absent - None. Presentation was made at this time of Resolution No. 6,201•, described as: A•RESOLUTION DESIGNATING PANKEY ADDITION TO THE CITY OF LITTLE ROCK A CDBG NEIGHBORHOOD; AND FOR OTHER PURPOSES; . 1 . w and there was a full reading of the Resolution. Upon motion by Director Shackelford, which was seconded by Director Bussey,.the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones —total 7; Noes - None; Absent - None. Next presented was Ordinance No. 13,718, containing the following caption: AN ORDINANCE REPEALING ORDINANCE NO. 12,865 (MASTER STREET PLAN REVISION). AND ORDINANCE NO. 12,077 (THE,MASTER STREET PLAN OF-THE CITY OF LITTLE ROCK PLANNING AREA) AND FOR OTHER PURPOSES; ,� ,19 2 � I II SEPTEMBER 4, 1979, Cont'd.. on August 21, 1979. The passage of the Ordinance was then determined by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None;. Absent - None. Therefore, the Ordinance was declared PASSED. II - Ordinance No. 13,719 was presented next, entitled: , AN ORDINANCE ESTABLISHING THE MASTER STREET PLAN FOR THE CITY OF LITTLE ROCK AND ITS PLANNING JURISDICTION; CREATING STREET CLASSIFICATIONS, STANDARDS AND FOR OTHER PURPOSES; On August 7th the Ordinance was read the first time and amended by deleting "Arkansas Valley" from Rodney Parham Road extended through Pleasant Forest intersecting -with Highway No. 10. The second reading of-the Ordinance occurred on August 21, 1979. At this time, a discussion followed regarding the placement of the Woodland Heights Road extension from Rodney Parham Road to Fairview Road at.the it intersection of Highway No: 10 in.the Master Street Plan. Mr. Paul Hickey, a property owner in the i area, advised that he was not opposed to this proposal after the extension was pointed out on the map. Director Mehlburger then made a motion to include the Woodland Heights Road extension to Highway No. 10, as shown on the map, in the Master Street Plan. The motion was seconded by Director Keith and submitted to the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford and Jones - total 5; Noes - Director Bussey and Mayor Hubbell - total 2; Absent - None. A subsequent motion was then made by Director Jones to amend the Ordinance as follows: , "Section A. Delete all reference to capacity number and adjust service volume number to reflect 2,800 vehicles per day. Section B. Delete all reference to capacity number and adjust service volume number to reflect 5,300 vehicles per day. Section C. Delete all reference to capacity number and adjust service volume number ' on Minor Arterial Streets to reflect 18,300 vehicles per;day; and Principal Arterial Streets to reflect 25,000 vehicles per day.'! This motion was seconded by Director.Shackelford and unanimously adopted by the Board Members present. The Ordinance was then read, including all the amendments, the third and last time and a roll call was taken upon the question, Shall the Ordinance Pass, with the results herein recorded as- follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; 0 Noes - None; Absent - None. An announcement was made that the Ordinance, as amended, had been PASSED. Resolution No. 6,202 was presented, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXTENSION OF THE CITY'S COMMUNICATION i EQUIPMENT MAINTENANCE CONTRACT; AND FOR OTHER PURPOSES; ' and said Resolution was read in full, and followed by a motion from Director Langston, seconded by Director Bussey, that the Resolution be adopted. A roll call was taken which adopted the Resolution I as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones- total 7; Noes - None; Absent . None. l Considered at this time was a Proposed Ordinance, described as: it AN ORDINANCE AMENDING ORDINANCE NO. 13,613 DELETING THE MOBILE PHONE PROVISIONS; ALLOWING INDIVIDUALS TO OBTAIN THE SERVICES OF A TAXICAB THROUGH THE HAILING PROCESS; AND FOR OTHER PURPOSES; which Ordinance was read the first time.. Mr. Larry Carpenter, representing Mr. Tom Robinson and the independent taxicab operators', urged the passage of the Ordinance. He _advised the Board of Directors that in his opinion, a committee is needed to study and designate zone boundaries. Mr. 'Bob James of I Black f, White Cab Company referred to the deletion of mobile phone equipment from cabs and reminded that immediate communications are needed to provide good service; adding, this would remove the reason for the passage of the Independent Taxicab Ordinance - - -to provide.better service. A brief discussion was held regarding the Airport Commission's regulations for the operation of taxicabs on the Little Rock , Regional Airport. Mayor Hubbell made a motion to make these rules.and regulations a part of the Ordi- nance, with the motion being seconded by Director Keith and unanimously adopted by the Board Members present. Therefore, the proposed Ordinance was amended as, stated above. Mr. Adib A. W. Shaheed II SEPTEMBER 4, 1979, Cont'd. requested that the Ordinance be left on the calendar for second reading since he was not in agreement with the Airport Regulations at this time. Mayor Hubbell suggested that the Taxicab Operators meet with the Airport Commission regarding the rules. There was no motion for the suspension of the rules and the Ordinance remained on the calendar for second reading. Introduced at this time was a proposed Ordinance with the description being: AN ORDINANCE AMENDING THE SIGN CODE OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; and the Ordinance was read the first time. Mr. Bob Riley, Manager of Donrey Outdoor Advertising Compa presented the Board of Directors with a survey by the R. D. Doubleday Company listing various problems of Little Rock by percentage. He introduced Dr. David Miller, a vice president of Doubleday, who advised the Board that the survey showed 82 per cent of the residents believed billboards should be allowed if properly regulated and the results of the survey did not.show any large public discontent with billboards. In conclusion, Mr. Riley told the Board if the principal use amendment was adopted it would "surely result in prolonged litigation." Mr. Walter Herzog, Donrey Operations Manager, urged the Board to vote against the proposed amendments. Mrs. Jo Kimmins was the only speaker for the amend- ments and requested the Board to defend the Staff and Sign Board of Review adding, !!we."want billboards- if regulated." At this point, with no motion for the suspension of the rules, it was generally agreed i that the Ordinance be left on the calendar for second reading. Mayor Hubbell then directed Mrs. JoAnn McCright, Chief of Zoning and Sign Codes to call a special meeting of the Sign Board of Review to consider the proposed amendments to the Sign Ordinance. Directors Mehlburger, Jones and Keith advised they would have amendments to offer before the passage of the Ordinance. As stated above, the Ordinan remained on the calendar for second reading. Under "Citizen Communications ", Mr. J. Ronald Newman, Director of the Capitol Zoning District Commission advised the Board of Directors that the 1979 Legislature'gxpanded the Mansion Area of the Capitol Zoning District to include an additional forty blocks. Mr. Newman requested that the existing agreement between the Capitol Zoning District and the City of Little Rock be amended, to include the expanded Mansion Area. Under the agreement, the City will issue permits and licenses in the Capitol Zoning District only after approval by the Capitol Zoning Staff. Following the discussion, two Resolutions were presented as follows: Resolution No. 6,203 was presented, entitled: A RESOLUTION ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS WITHIN THE EXTENDED BOUNDARIES OF THE CAPITOL ZONING DISTRICT FOR A PERIOD OF THIRTY (30) DAYS OR UNTIL THE CAPITOL ZONING DISTRICT COMMISSION ADOPTS A RESOLUTION EXPANDING THE BOUNDARIES OF THE CAPITOL ZONING DISTRICT, WHICH- EVER COMES FIRST; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A.motion was made by Director Bussey and seconded by Director Keith, which led to adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The last Resolution to be considered was No. 6,204, described as: A RESOLUTION EXTENDING THE CITY'S APPROVAL OF THE MUTUAL COOPERATION AGREEMENT FOR ENFORCEMENT OF CITY -STATE REGULATIONS IN THE CAPITOL AND MANSION AREAS OF THE CAPITOL ZONING DISTRICT TO INCLUDE THE PROPOSED NEW BOUNDARIES OF THE MANSION AREA; AND FOR OTHER PURPOSES; with the Resolution being read in full, and adopted upon motion of Director Bussey, seconded by Director Keith, for the adoption of the Resolution. The resulting roll call then provided for adoption of the Resolution as herein described: Ayes - Directors.Keith, Langston, Mehlburger, Bussey, Shackel- ford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Mr. Bob Taylor, Assistant City Attorney advised that an injunction had been filed in Judge Lee Munson's Court regarding the right -of -way in the purchase of property on the Northwest Corner of Shackel SEPTEMBER 4, 1979, Cont'd. any needed right -of -way to be dedicated before rezoning is approved. Mr. Taylor further advised that he had been successful in stopping the injunction. In the general discussion, it was suggested that an Ordinance be placed on the September 18th Agenda, repealing Ordinance No. 13,704 which rezoned the property, if dedication of right -of -way according to the Master Street Plan is not agreed to. 1 . At 9:55 o'clock P. M., a motion was made by Director Keith, seconded by Director Jones, to recess to Executive Session to continue the evaluation of City Manager Carleton McMullin. The motion was unanimously adopted by the Board Members present. At 11:25 o'clock P. M.; the Board of Directors-of the City of Little Rock, reconvened from Executive Session with the following Directors answering roll call: Directors Keith, Langston, i Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Absent - None. Mayor Hubbell announced that the evaluation of the City Manager had been concluded with the Board agreeing on a "total voice of support for the City Manager and the job he's done" adding, "we stand behind him." 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 11:30 o'clock P. M., to meet again in regular session on Tues- day, September 18, 1979 at 7:30 o'clock P. M. ATTEST: 61iz,GC�h/ APPROVED: City Clerk Mayor 1 a , 1 a , 1 Board of Directors Chamber Little Rock, Arkansas I IIII September 18, 1979 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared to be present and proceedings of the meeting are recorded as follows: The Invocation was given by Director Shackelford. The first matter to be considered was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on September 4, 1979. (b) Resolution No. 6,205, entitled: A.RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR TIRE CHAINS AND FOR A MASTER COMPUTER TRAFFIC CONTROL SYSTEM; ACCEPTING A BID, WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR PREVENTATIVE ' IIIIIII MAINTENANCE.SERVICE AGREEMENT FOR DATA PROCESSING EQUIPMENT; AND FOR OTHER PURPOSES. (c) Resolution No. 6,206, described as: A RESOLUTION CLARIFYING THE NAME OF CENTRAL ARKANSAS COMPREHENSIVE PLANNING COUNCIL, FORMERLY KNOWN AS MANPOWER AREA PLANNING COUNCIL OF PULASKI COUNTY, MANPOWER PLANNING (ADVISORY) COUNCIL OR CENTRAL ARKANSAS MANPOWER AREA PLANNING COUNCIL; AND FOR OTHER PURPOSES. (d) Resolution No. 6,207, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE CENTRAL ARKANSAS COMPREHENSIVE PLANNING COUNCIL; AND FOR OTHER PURPOSES. By a motion from Director Bussey, 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 September 4, 1979 were approved as written and summarized to the members the Board of Directors; and (b, c $ d) Resolutions No. 6,205; 6,206 and 6,207 were read in full and At this time, a discussion developed relative to the Ordinance on the calendar for second reading governing taxicab operations in the City of Little Rock. The proposed Ordinance was read the first time on September 4, 1979 and amended to include regulations for the operation of taxicabs on the Little Rock.Regional Airport property, which rules were adopted by the Little Rock Airport Commission on July 23, 1979. Mr. Adib A. W. Shaheed, an independent taxicab driver, spoke in opposition to taxicab regulations on Airport property. Mr. Thomas L. Robinson, also an independent driver, said that he opposes the proposed Ordinance as written and amended. Attorney Hillary Rodham representing the Airport Commission, advised the Board of Directors that "we still would like to see if these regulations meet public needs ", adding, "there are problems with cabs out there and this is the first step." Mr. James Rogers of the Airport Staff stated, "we are willing to work with any and all to see if we can'satisfay needs for cab service." In the discussion, Mayor Hubbell and Director Mehlburger expressed opinions that the Airport Commission should be given authority to govern conduct at the Airport. Ordinance No. 13,720 was then-presented, entitled: adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, I III I Shackelford, Mayor Hubbell and. Director III Jones - total 7; Noes - None; Absent - None. At this time, a discussion developed relative to the Ordinance on the calendar for second reading governing taxicab operations in the City of Little Rock. The proposed Ordinance was read the first time on September 4, 1979 and amended to include regulations for the operation of taxicabs on the Little Rock.Regional Airport property, which rules were adopted by the Little Rock Airport Commission on July 23, 1979. Mr. Adib A. W. Shaheed, an independent taxicab driver, spoke in opposition to taxicab regulations on Airport property. Mr. Thomas L. Robinson, also an independent driver, said that he opposes the proposed Ordinance as written and amended. Attorney Hillary Rodham representing the Airport Commission, advised the Board of Directors that "we still would like to see if these regulations meet public needs ", adding, "there are problems with cabs out there and this is the first step." Mr. James Rogers of the Airport Staff stated, "we are willing to work with any and all to see if we can'satisfay needs for cab service." In the discussion, Mayor Hubbell and Director Mehlburger expressed opinions that the Airport Commission should be given authority to govern conduct at the Airport. Ordinance No. 13,720 was then-presented, entitled: J SEPTEMBER 18, 1979, Cont'd. AN ORDINANCE AMENDING ORDINANCE NO. 13,613 WHICH AMENDED CERTAIN SECTIONS OF CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; DELETING THE MOBILE PHONE PROVISIONS; ALLOWING INDIVIDUALS TO OBTAIN THE SERVICES OF A TAXICAB THROUGH THE HAILING PROCESS; APPROVING THE REGULATIONS , ADOPTED BY THE LITTLE ROCK REGIONAL AIRPORT COMMISSION; RETAINING THE RIGHT TO APPROVE AND REGULATE ANY SURCHARGE RATE ESTABLISHED AND PERMITTED BY THE LITTLE ROCK REGIONAL AIRPORT COMMISSION; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on September 4, 1979 and amended to include the Airport Rules and Regulations. There was a motion by Director Mehlburger that; "The Little Rock Regional Airport Commission be. empowered to adopt future rules and regulations for the operation of taxicabs on Little Rock Regional Airport property ", and' "Any surcharge rate established and permitted by the Little Rock Regional Airport Commission shall be subject to review and approval by the Board of Directors within thirty days after the rate is established. If the Board of Directors takes no action in the thirty day period, the surcharge shall automatically go into effect." The motion was seconded by Mayor Hubbell and unanimously adopted by voice vote of the members of the Board of Directors present. Director Shackelford then advised the independent drivers that "the Board's action tonight does not preclude your getting with the Airport Commission for discussions on regulations." There was ' no further discussion and there was a motion from Director Keith, seconded by.Director Jones that the rules be suspended and the Ordinance, as amended, be placed on third and final reading, with the motion being unanimously adopted by members of-,the Board of Directors present, being seven ih 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 questioin,. Shall the Ordinance Pass, with the responding vote being: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance, as amended, was then declared PASSED. Presented at this time was an Appeal by Mr. John J. Flake for Balch Motor Company; Inc, of the Planning Commission's denial of Zoning Petition Z -3346 to reclassify,Lots 3 $ 4, Block 183, Original City of Little Rock, described as the northwest corner of North and State Streets, from "D" Apartment District to "E -1" Quiet Business District. A.Motion was made by Director Keith, seconded by Director Langston, and unanimously adopted by the Board Members.presenty which set the date of a Public Hearing ' on this zoning issue for Tuesday, October 16, 1979 at 7.:30 o'clock P. M. An Ordinance had been placed on the Agenda for third and final reading, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED NEAR THE SW CORNER OF GILLAM PARK, SECTION 26, TIN, R12W, 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 with no action being taken on the Ordinance, the Board of Directors deferred the matter for two weeks. The next presentation was Zoning Petition No. Z -3367, submitted by Mr. Sidney M. Thom, requesting the rezoning of property located at'Kentucky Avenue and Highway No. 10 (long legal description), from "A" One- family District to "D" Apartment District. The Petition had been approved by the Planning Commission on August 28, 1979. There was no one present to speak in opposition to the proposed rezoning therefore, an Ordinance to reclassify the subject property was placed on first reading. (See Ordinance No. 13,721 below) Ordinance No. 13,721 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT KENTUCKY AVENUE AND HIGHWAY NO. 10, 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; with there being a first reading of the Ordinance, followed by a motion by Director Langston that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by 1 r i SEPTEMBER 18. 1979. Cont'd. Director Bussey, 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. A subsequent motion was then made and seconded by Directors Keith and Langston, 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 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 ensuing Aye and No Vote taken on the passage of the Ordinance received 'the following response: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordi. had PASSED. There was a presentation of Zoning Petition No. Z -3369 from Roy D. Rainey to rezone 23.84 acres located on Kanis Road west of Bowman Road, from "A" One- family District to "F" Commercial, "E -1" Quiet Business, 'IMF-1811 and 'IMF-2411 Multi- family Districts. On September 28, 1979, the Planning Commission approved the application as filed, subject to the applicant's willingness to accept the site plan review provision of the new "C -3" Zoning District, on the two tracts designated "A" on the sketch provided Board Members; "which Mr. Rainey agreed to. No one was present to contest the rezoning of the property and a proposed Ordinance was placed on first reading. (See Ordinance No. 13,722, as follows) Considered at this time was Ordinance No. 13,722, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ALONG KANIS WEST OF BOWMAN 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. The applicant, Roy D. Rainey, was present and requested that the proposal be approved as filed. The rules were then suspended and the Ordinance was placed on second reading by motion of Director Mehlburgerr, seconded by Director Jones, 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, there was a sub- sequent motion by Director Keith that the rules again be suspended and the Ordinance be placed on third and final reading. Director Jones seconded the motion, 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. 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. Resolution No.'6,208 was presented, with'the title being: A RESOLUTION DIRECTING THE POLICE DEPARTMENT TO RESPOND TO CALLS WITH RESPECT TO LOUD, DISTURBING NOISES; AND FOR OTHER PURPOSES;_ and the Resolution was read in its entirety. Senator Jerry Jewell registered a complaint on behalf of citizens living in the 600 and 700 Blocks of East 21st Street, where the peace is being disturbed since the recent opening of a disco in the area. He asked the Board of directors to request the Little Rock Police Department to enforce the'rule with respect to parks and also, that the time for closing the park adjacenf to the disco be stated, and that any violators be dealt with and removed from the park. 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 Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. it F SEPTEMBER 18, 1979, Cont'd. Zoning Petition No. Z -3371 was next presented from Glenn- I- 430-Joint Venture by Attorney David Henry to rezone 228.18 acres located at Colonel Glenn Road and I- 430-(long legal description) from "A" One- family District to "F" Commercial and 'IMF-1211 Multi- family Districts, as approved by the Planning Commission, on September 28, 1979. Mr. David Henry, Attorney for the applicants presented the request for rezoning of the tract advising there were no objectors or opposition at the Planning Commission meeting. He said the only issue is when to approve, not whether to; that there is nothing negative about the proposal, and that he opposes any deferral of the matter. Upon question by Director Mehlbur Mr. Henry stated there would be even more need for commercial zoning as rooftops develop in this area. He further stated that his clients would also, agree to the site plan, review process. 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. 13,723 below) There was ,presented Ordinance No. 13,723, with the caption being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE NE NW AND SW CORNERS OF INTERSTATE 430 AND COLONEL GLENN ROAD IN THE CITY OF LITTLE ROCK,_ ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF 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, which was seconded by Director Mehlburger, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion by Director Mehlburger 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 seven 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Next presented was Resolution No. 6,209, 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; and the Resolution was read in full. Mr. Floyd Van Horn, president of the Little Rock Municipal Police Association was spokesman for a group of policemen and firemen who are opposed to the reorganization of Little Rock Municipal Government. It was their contention that this restructure would necessitate funds that would otherwise be used for employee salaries. City Manager Carleton E. McMullin defended the reorganization by describing it as one of efficiency and effectiveness which will bring about greate accountability. It will free his time to deal externally in the City; spending time talking with people in the community and employee groups. He explained that "we must find a broad base tax" adding, "I am convinced through reorganization, we can make Little Rock a progressive city." The -Board of Directors each expressed support for Mr. McMullin in the reorganization, with Directors Keith and Langston stating some concern for administrative costs. There was no further discussion and a motion then followed from Director Mehlburger, seconded by Director Shackelford, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. r Presentation was then made of the following Zoning Petitions, as approved by the Planning Commissi Z -3380 - Petition from Westover Hills Presbyterian Church to rezone Lot 23, Westover Hills Addit to the City of Little Rock, from "A" One - family District to "C" Two- family District. V SEPTEMBER 18, 1979, Cont'd. Z -3381 - Petition from Charles McDade, McDade, Inc, to rezone Lots 24 and 25, Sanford Addition to the City of Little Rock, Arkansas, from 'IMF-1211 Multi- family District to "D" Apartment District. ' Z -3390 -. Petition from Margaret Wilson to rezone Lot 15, Block 4, Chesterfield Square Addition to the City of Little Rock (2112 Valentine Street), from "B" Residence District to "C" Two- family District. As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,724, as follows) Ordinance No. 13,724 was.presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES LOCATED 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; and after.a first reading of the Ordinance, there was a motion by Director Keith, seconded by Director Langston, 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 - thirds or more of the members of the Board-of-Directors-elect; and the second reading of the Ordinance ensued. A sub -, Sequent motion was made by Director Mehlburger to again suspend the rules and place the Ordinance on third and final.reading; which motion was seconded by Director Shackelford, 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. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: .Ayes Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones — total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. 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 from Director Bussey,•seconded by Director Keith, that the rules be suspended and the Ordinance be placed on 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. There was a second reading of the Ordinance and an ensuing Zoning Petition No. Z -3392 was next presented from George M. Wells for-Donald Warmock and Terry Wood, Inc. to rezone part of Blocks 2, 3, 6, 7, 10 and 11; Booker Heights Addition, less the North 40 ft. thereof, located at the N/W Corner of I -430 at Rodney Parham Road, from "A" One- family District to "F" Commercial District. Mr. Dennis Gilman of 11206 Cocono Valley Drive opposed this "F" Commercial Zoning along Rodney Parham Road, stating that it would be another congestion and could not see changing nine acres with only one "little" access. Dr: George E. Gillian representing the Pleasant Valley ' Property Owners Association, spoke in opposition to the rezoning commenting that commercialism eats away.at property values.and with "F" Zoning, there would be no protection from a hotel or motel develop- ment., He requested that the tract be left "A" One - family and have it developed under a PUD or PCD Plan. Mr. Leo Johnson of 10623 Yosemite Valley Drive whose property is adjacent on the north boundary, advised that if the surrounding property.owners have a 40 ft, buffer zone with the trees being left in their present state, as agreed to in a document prepared by the developer, then the property owners are not opposing the rezoning. Upon question by Director Jones, Mr. C. V. Barnes, a developer, advised that "part of the agreement we had with the Planning Commission was that we would submit a development plan once we knew what the project would be." There was no further discussion and an Ordinance to reclassify the subject property was placed on first reading. (See Ordinance No. 13,725, as follows) There was presented Ordinance No. 13,725, entitled: - AN ORDINANCE. RECLASSIFYING PROPERTY LOCATED AT THE NW CORNER OF INTERSTATE 430 AND 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 read the first time. A motion then followed from Director Bussey,•seconded by Director Keith, that the rules be suspended and the Ordinance be placed on 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. There was a second reading of the Ordinance and an ensuing I� I L I SEPTEMBER 18, 1979, Cont'd. - I motion made and seconded by Directors Keith and Bussey, respectively, for a further suspension of the I 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 seven in number and two - thirds or-more of ' the members of the Board.of.Directors-elect; and the Ordinanceiwas then read the third and last time. ily An Aye and No Vote was taken at this time on the passage of the Ordinance and resulted as herein described: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell,and Director Jones - total 7; Noes - None;. Absent.- None. _Accordingly, it was announced that the Ordinance had PASSED. The next presentation was a Petition from Mr. George M. Wells, Terry Wood, Inc., et al, requesting the vacating and closing of all the streets and alleys in Blocks 2, 3, 6, 7, 10 and 11, less and except the South 639.3 feet of Battle Street and all of Green Street, Booker Heights Addition to the City of { Little Rock (Cornelius Street, Townsend Street, Young Street, North 40' of Battle Street, Alley bisecting Blocks 3, 6 and 11, and the Alley bisecting Blocks'12 and 7), which had received the approval of the Planning Commission. Included with the Petition was a letter from Beach Abstract and Guaranty Company stating the last owners of record of abutting property; and also a.certified copy of the plat of Booker I Heights Addition, as recorded in the Office of the Pulaski County Circuit Clerk, (See Resolution w No._6,210 setting the date for Public Hearing on October 16, 1979 at 7:30 P. M., as follows) Resolution No. 6,210 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 STREETS AND ALLEYS IN BLOCKS 2; 3, 6, 7, 10 and 11, BOOKER HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Resolution was read in its entirety; after which a motion by Director Keith, seconded by Director Langston, resulted in a roll call vote which,adopted.the Resolution by the following vote: Ayes - I Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent -,None. Introduced at this time was Ordinance No. 13,726, described as: AN ORDINANCE AMENDING SECTION 15 -1(1) AND 15 -1(2) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE I ROCK, ARKANSAS; ESTABLISHING GARBAGE COLLECTION FEES; AND FOR OTHER PURPOSES; (Increased to $5.00 per month for single residence, unit or multiple dwelling) and the Ordinance was read the second time having been read the first time on August 7, 1979. Mr. Willard Johnson, 7900 West 32nd Street, spoke in opposition to a proposal to increase fees based on the ' sewer charge and water usage and was advised .by Mayor Hubbell that this issue is not being considered. Director Bussey advised that he is opposed to the $5.00 increase but, is going to support the raise with the stipulation that the Board of Directors direct the City Manager and Staff to assure that the elderly and handicapped will receive special services; and, to see that the Sanitation Department improves service to all citizens of this community. .City Manager Carleton E.. McMullin stated that there is a policy to assist the handicapped and if there are those not receiving the service, they should advise i the Staff. There was no further discussion and a motion followed from Director Bussey, seconded by Director Shackelford.for the suspension of the rules for the third and final reading. The motion was punanimously 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 being taken on the question, Shall the Ordinance Pass, and the vote is herein recorded as follows:, Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was i declared PASSED. A proposed Ordinance was presented at this time, entitled: AN ORDINANCE AMENDING THE SIGN CODE OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; and the Ordinance was read the second time with the first reading having occurred on September 4, 1979. Director Jones commented that_it_was_her_impression_ that !'we_ were= gong.to,- refer- this.-to_ the= Staff,'! __ _�' SEPTEMBER 18, 1979, Contwd. Mayor Hubbell advised that the proposed amendments would be considered at the next Agenda Meeting. There was no motion for the suspension of the rules for the third and final reading and the proposed Ordinance remained on the calendar for third reading. A proposed Resolution had been placed on the Official Agenda entitled: A RESOLUTION APPROVING THE SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING PROCESS. The matter was removed from the Agenda and no action was taken. Resolution No. 6,211 was presented, with the caption being: A RESOLUTION SUPPORTING THE PLACEMENT OF CITY HALL AND THE CENTRAL FIRE STATION BUILDINGS ON THE NATIONAL HISTORIC REGISTER; and the Resolution was read in its entirety; after which a motion by Director Jones, seconded by Director Langston, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Abstaining - Director Keith - total 1; Absent - None. The next presentation was Ordinance No. 13,727, with the title being: AN ORDINANCE AMENDING LITTLE ROCK CODE OF ORDINANCES, SECTION 25 -75 (PENALTY FOR VIOLATION); DEPARTMENTS; AND FOR OTHER PURPOSES. This item was also removed from the Agenda with no action being taken. Resolution No. 6,212 was presented, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A CONSENT DECREE ON BEHALF OF THE CITY IN THE CASE OF MARKHAM REAL PROPERTIES, LTD., V. CITY OF LITTLE ROCK, ARKANSAS; and the Resolution was read in its entirety. 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, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Abstaining - Director Mehlburger - total 1; Absent - None. Under "Citizen Communications ", Ms. Dorothy Pilachowski of 2612 West 6th Street was the only speaker. She urgently requested that her area be included in the Census Tract 14 Community Development Block Grant Program. Mayor Hubbell suggested that Ms. Pilachowski meet with Mr. Nathaniel Hill for discussion regarding this request. There was a motion at this time by Directors Keith and Jones, respectively, to recess to executive session for the purpose of discussing positions regarding the reorganization. The motion was adopted by members of the Board of Directors present. and said Ordinance was read the first time. There was a motion which followed from Director Bussey, seconded by Director Keith, to suspend the rules to provide for the second 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; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Keith to again suspend the rules and. place the Ordinance on third and final reading; which motion was seconded by Director Shackelford, 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. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. There was an announcement that the Ordinance had PASSED. A Proposed Ordinance was placed on the Agenda entitled: AN ORDINANCE TO AMEND LITTLE ROCK CODE OF ORDINANCES, SECTION 25 -29 (DRINKING OR DRUNKENNESS IN PUBLIC PLACES PROHIBITED). The matter was not ' considered therefore, it was removed from the Agenda at this time. Another Proposed Ordinance Agenda appeared on the with the title being: AN ORDINANCE APPROPRIATING $65,000.00 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR REMODELING OFFICE SPACE FOR CITY DEPARTMENTS; AND FOR OTHER PURPOSES. This item was also removed from the Agenda with no action being taken. Resolution No. 6,212 was presented, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A CONSENT DECREE ON BEHALF OF THE CITY IN THE CASE OF MARKHAM REAL PROPERTIES, LTD., V. CITY OF LITTLE ROCK, ARKANSAS; and the Resolution was read in its entirety. 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, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Abstaining - Director Mehlburger - total 1; Absent - None. Under "Citizen Communications ", Ms. Dorothy Pilachowski of 2612 West 6th Street was the only speaker. She urgently requested that her area be included in the Census Tract 14 Community Development Block Grant Program. Mayor Hubbell suggested that Ms. Pilachowski meet with Mr. Nathaniel Hill for discussion regarding this request. There was a motion at this time by Directors Keith and Jones, respectively, to recess to executive session for the purpose of discussing positions regarding the reorganization. The motion was adopted by members of the Board of Directors present. [§EPTEMBER 18, 1979, Cont'd. At 10:25 o'clock P. M. the Board of Directors of the City of Little Rock, Arkansas, reconvened from Executive Session with the following members answering roll call: Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Absent - None. Mayor Hubbell announced that positions had been discussed but no vote was taken. t ' There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Langston, and by unanimous vote of the Board Members i present, the meeting was adjourned at 10:30 o'clock P. M. to meet again in regular session on Tuesday, October 2, 1979 at 7:30 o'clock P. M. i I ATTEST: i (i�/ APPROVED: I� I City Clerk Mayor Board of Directors Chamber Little Rock, Arkansas ' (I11 October 2, 1979 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared to be present and the meeting therefore, proceeded as herein described: The Invocation was given by Director Jones. The first presentation was Resolution No. 6,213, entitled: A RESOLUTION COMMENDING FIRE CHIEF JACK D. DAVIS FOR HIS PROFESSIONAL, DEDICATED SERVICE TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with the Resolution read in its entirety. A large group of friends, relatives and former mayors were present to extend best wishes to Chief Davis in his retirement after thirty -six years of service to the City of Little Rock. A motion by Director Keith, seconded by Director Mehlburger, resulted in a roll call vote which adopted the Resolution as herein described: Ayes - Directors Keith, Langston, ' Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Consent Agenda was the next matter to be considered, consisting of the following items: (a) The Minutes of the previous meeting held on September 18, 1979. (b) Resolution No. 6,214, described as: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR A TAPE RECORDER AND REPRODUCER FOR THE LITTLE ROCK POLICE DEPARTMENT, FOR A CLOSED CIRCUIT TELEVISION SYSTEM FOR THE LITTLE ROCK POLICE DEPARTMENT AND FOR THE ANNUAL CONTRACT FOR PAPER PRODUCTS; AND FOR OTHER PURPOSES. By a motion from Director Mehlburger, seconded by Director Keith, which was adopted by unanimous voice vote of the Board Members present, the Minutes of the previous meeting held September 18, 1979 were approved as written and summarized to the members of the Board of Directors; and Resolution No. 6,214 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, ' Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. An Appeal by Marjorie Cachet of the Planning Commission's denial of Zoning Petition No. Z -3368 was presented at this time. The Appeal requests the reclassification of the W 165' of Lot 34, except the South 70' of the W 165' of said Lot 34, West Highland Subdivision, located at the S/E Corner of Hermitage Road at Mason Road in the City of Little Rock, from "A" One- family District to "F" Commercial District. A Motion was made by Director Mehlburger, seconded by Director Bussey, and unanimously adopted by the Board Members present, which set the date of a Public Hearing on the Appeal for Tuesday, October 1 1979 at 7:30 o'clock P. M. Another Appeal was considered from Attorney Philip E. Kaplan for Coolidge Faulkner, of the Planning Commission's denial of Zoning Petition Z -3342 to reclassify Tract "A" Pryor's Replat, being part of Lot 1, West Markham Street Subdivision, from "A" One- family District to "E -1" Quiet Business District. Director Mehlburger made a Motion that the Public Hearing be set for Tuesday, October 16, 1979 at 7:30 o'clock P. M. The Motion was seconded by Director Bussey and unanimously adopted by the Board Members 1 11 present. I� 1 p OCTOBER 2, 1979, Cont'd. I Ordinance No. 13,728 was presented, with the caption being :" AN ORDINANCE RECLASSIFYING PROPERTY LOCATED NEAR THE SW CORNER OF GILLAM PARK, SECTION 26, TIN, R12W 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 to "K" Heavy Industrial District) and the Ordinance was read the third and last time, with the first and second readings having occurred on September 4, 1979. The ensuing Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Langston, Mehlburger, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - Director Shackelford - total 1; Abstentions - 'Director Keith - total 1; Absent - None. It was announced that the Ordinance had PASSED. A proposed Ordinance appeared on the Official Agenda entitled: An Ordinance Reclassifying property located at the Northwest corner of Fourche Dam Pike and Griffin Road 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. The dispute of dedication of right -of -way was apparently resolved, the proposed Ordi- nance was removed from the Agenda and no action was taken. Resolution No. 6,215 was presented, with the title being: I A RESOLUTION RECOGNIZING THE AMENDED MASTER'.PLAN ADOPTED BY THE CAPITOL ZONING DISTRICT COMMISSION; ' tl PLEDGING COOPERATION WITH THE CAPITOL ZONING DISTRICT COMMISSION IN THE EXERCISE OF ITS FUNCTIONS AND DUTIES WITHIN THE EXTENDED BOUNDARIES OF THE AMENDED MASTER PLAN; AND FOR OTHER PURPOSES; with said Resolution read in full, and followed by a motion from Director Mehlburger, seconded by Director Bussey, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - -None. a Introduced next was a proposed Ordinance, entitled: AN ORDINANCE REPEALING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK FOR THE ZONING OF LAND; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was no motion for the suspension of the rules and the s; proposed Ordinance remained on the calendar for second reading. Another proposed Ordinance was presented containing the following title: AN ORDINANCE TO BE KNOWN AS THE ZONING ORDINANCE, APPROVING AND ADOPTING THE ZONING RULES AND ' j REGULATIONS AS PREPARED BY THE LITTLE ROCK OFFICE OF COMPREHENSIVE PLANNING AND ADOPTED AND APPROVED BY THE LITTLE ROCK PLANNING COMMISSION; ESTABLISHING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF, LITTLE ROCK; AND FOR OTHER PURPOSES; Mayor Hubbell announced that the Public Hearing on the proposed new Zoning Ordinance would be continued at this time from the September 25, 1979 Hearing date. Mr. Bruce Blackall, President of the Home I I . Builders Association was the first to speak and he advised the Directors that the Home Builders had resolved differences to a couple of issues with the Ordinance, with only one unresolved'. Mr. Blackall N ` suggested that Mr. W. B. Putnam, a developer, address that issue. Mr. Putnam requested that developers be given thirty -five months for the conversion of land zoned under the existing ordinance, to the new zoning classifications, instead of the staff proposal of one -year. Mr. Putnam explained the hardship I this one -year provision would cause. Mayor Hubbell then suggested that the home builders and developers I meet with the Planning Commission and discuss this matter within the next two weeks and have some I specific recommendations for the next Agenda Meeting. He also, declared the Public Hearing closed and asked that the proposed Ordinance be read the first time. City'Attorney Jack Magruder requested that ' any vote on the Ordinance be delayed for two weeks and after the first reading of the Ordinance, there was no motion for the suspension of the rules; therefore, the proposed Ordinance remained on the calendar for second reading. 77 OCTOBER 2 1979 Cont The next presentation was the Petition from James E. Hathaway, Jr. by Attorney Joseph C. Kemp, i I to vacate and close portions of Hardin and Mason Streets in West Highland Subdivision to the City of �!II Little Rock, under Arkansas Statute 19 -2304 of 1947. Accompanying the Petition was a letter from Nathaniel E. Griffin, Director of Comprehensive Planning supporting the proposed street closures; a I I� letter from Beach Abstract $ Guaranty Company listing abutting property owners; and, a certified copy l 1 I I of the Plat of West Highland Subdivision to the City of Little Rock, as recorded in the Office of the Circuit Clerk and Ex- Officio Recorder in Plat Book 1 at Page 273. (See Resolution No. 6,216 as follows, i which sets the date of Public Hearing on Tuesday, October 16, 1979 at 7 :30 P. M.) � �II There was presented, Resolution No. 6,216, described as: Ili i RESOLUTION SETTING A DATE FOR A PUBLIC HEARING; �IA R and there was a full reading of the Resolution; which was thereafter adopted by motion of Director Keith, seconded by Director Mehlburger, and by the following roll call vote: Ayes - Directors Keith, i it Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. II The next presentation was Ordinance No. 13,729, containing the following title: �IIMs 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; I II l (25.3 Acres about 400 ft. west of intersection of Grisham Road and Taylor Loop Road - Court Order I I dated August 27, 1979) and the Ordinance was read the first time. There was a motion which followed from Director Mehlburger, i it 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 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 final reading of the Ordinance by a motion made by Director Mehlburger, again 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. 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, Langston, Mehlburger,l+ . . Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. I ' O Ordinance No. 13,730 was presented with the title being: I' AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1979 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 by Director Keith to suspend the rules I I' and place the Ordinance on its second reading. The motion was seconded by Director Shackelford and Y Y�I unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the \ m members of the Board of Directors elect; and a second reading of the Ordinance ensued. There was a motion then made by Director Keith, seconded by Director Jones, for a further suspension of the rules toll+ f p permit the third and last reading of the Ordinance at this time, which motion was unanimously adopted byl� 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 and recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; M Ml Absent - None. III' The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, 1 1, I' Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, 1 together with the Emergency Section was declared PASSED. 111 206. - - - -_s - -- -- - - - - -- -- - - OCTOBER 2, 1979, Cont'd. Presented for consideration.at this time was Ordinance No. 13,731, entitled: c AN ORDINANCE APPROPRIATING $65,000.00 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR REMODELING OFFICE SPACE FOR CITY DEPARTMENTS; AND FOR OTHER PURPOSES; I I which Ordinance was read the first time. A motion followed from Director Bussey, seconded by Director , Jones, 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. I 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 Shackelford'and Mehlburger, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of the Board I I 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones — total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Y A proposed Ordinance was presented with the following caption: AN ORDINANCE AMENDING THE SIGN CODE OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; and the Ordinance was read the third time. At this time, Mayor Hubbell suggested that if Board Members ' wished to make a motion or present amendments to the Ordinance that they do so.but, that he will have a motion that might "affect the whole thing." At this time, Mayor Hubbell moved "that the amending I ordinance and amendments to the ordinance be sent back to the Sign Board of Review for consultation with out City Attorney on the legality of their proposed amendments, and for receipt of additional proposed amendments by the City Board Members and their recommendations on those proposed amendments." The motion was seconded by Director Keith. The Mayor asked for comments on the motion and Director I,1 Keith stated that he would like being without off- premise advertising, and would like no additional billboards; further, urging the Board to support the Mayor's motion. .Director Langston commented that I he was ready to vote but, would vote to return the matter to the Sign Board of Review. Director Mehlburger was opposed to sending the Ordinance back for further review and stated he was ready to vote. Director Shackelford advised that she was ready to vote and Director Jones stated that she was interested in having the City Attorney take another look at one amendment that she suggested and expressed her support of the motion by Mayor Hubbell. There was no further discussion and a roll call was taken on 9 - ¢ the motion to return the matter to the Sign Board of Review with the results recorded as follows: Ayes - Directors Keith, Langston, Mayor Hubbell and Director Jones - total 4; Noes - Directors Mehlburger, : Bussey and Shackelford - total 3; Absent - None. The motion was therefore adopted. No vote was taken on the Ordinance as read the third time. Resolution No. 6,217 was presented, with the title being: °I A RESOLUTION DIRECTING THE SIGN BOARD OF REVIEW OF THE CITY OF LITTLE ROCK, ARKANSAS TO EXERCISE ITS POWER TO INTERPRET THE PROVISIONS OF CHAPTER 44 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK IN SUCH A MANNER AS TO ENCOURAGE THE USE OF THOSE SIGNS WHICH ARE IN CONFORMITY WITH THE PROVISIONS OF THE LAW, WHICH PROTECT AND ARE APPROPRIATE FOR THE SURROUNDING PROPERTY, AND WHICH ADD TO ENJOYMENT OF THE i RESIDENTS AND VISITORS OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; ii and the Resolution was read in its.entirety. There was a motion by Director Keith that the Resolution be adopted. The motion was seconded by Mayor Hubbell and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; : Noes - Directors Mehlburger and Bussey - total 2; Absent - None. �I I i 2; 1979, Contk Presented at this time was Resolution No. 6,218, described as: A RESOLUTION DECLARING THE INTENT OF THE CITY OF LITTLE ROCK, ARKANSAS TO BUDGET AND APPROPRIATE NOT LESS THAN THE SUM OF $502,000 FOR THE YEAR 1980 TO BE USED IN DEFRAYING THE COST OF THE PUBLIC MASS TRANSPORTATION SYSTEM OWNED BY THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES: with said Resolution being read in full. Director Mehlburger, who is also a member of the Transit Policy Board advised that the Resolution could be used to obtain federal matching funds early next year for the transportation system. He introduced Mr. Craig Barnes, Chairman of the Transit Policy Board who praised the management skills of Central Arkansas Transit General Manager, Bob Lee. He pointed out that maintenance costs have been kept down to the national level, even though the system's bus fleet averages 12.4 years old. Mr. Barnes then introduced Mr. Lee who reviewed the performance of the bus company and said it had lost riders as a result of North Little Rock dropping out of the system. However, he said the reduction had been much less than expected and ridership was increasing on Express Routes. Mr. Lee also explained passenger charts and revenue trends. Director Mehlburger then made a motion for the adoption of the Resolution, which was seconded by Director Bussey. A roll call was taken and the Resolution was subsequently adopted as herein recorded. Ayes - Directors Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - 1I Director Keith - total '1; Absent - None. Introduced next was Ordinance No. 13,732, entitled: AN ORDINANCE APPROPRIATING $521,130.00 FROM THE 1977 CAPITAL IMPROVEMENT PROJECT FUND FOR THE MASTER COMPUTER TRAFFIC CONTROL SYSTEM; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance, followed by a motion by Director Bussey that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Director Shackelford, 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. A subsequent motion was then made and seconded by Directors Bussey and Shackelford, 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 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 ensuing Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Considered at this time was Ordinance No. 13,733, with the title being: AN ORDINANCE ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR REPAIR OF THE WRIGHT AVENUE BRIDGE; APPROPRIATING $9,967.00 FROM INTEREST EARNED IN THE 1977 CAPITAL IMPROVEMENT FUND e FOR THE WRIGHT AVENUE BRIDGE PROJECT; and said Ordinance was read the first time. A motion then followed from Director Bussey, 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 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 was made and seconded by Directors Bussey and Shackelford, respectively, that. the rules again be suspended to provide for the third and final reading of the Ordinance at this time; with the motion being 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, after which an Aye and No Vote was taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. a OCTOBER 2. 1979. Cont'd. The next presentation was Ordinance No. 13,734, 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 DEVELOP- ' ING INDUSTRY WITHIN OR NEAR THE CITY OF LITTLE ROCK, ARKANSAS (THE PARTICULAR PROJECT.IS DESCRIBED IN THE ORDINANCE); PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; (Port Authority Slack Water Harbor and Industrial Project) with the Ordinance being read the first time. The rules were then suspended and the Ordinance placed its second reading by a motion made by Director Keith, 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 Board of Directors - elect. There was a second reading of the Ordinance, and an ensuing motion from Director Keith, seconded by Director Jones, that the rules again be suspended and the Ordinance be plac 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 Ordinanc was then read the third and last time. The resulting Aye and No Vote taken on the passage of the Ordi- nance received the following response: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackel- ford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 7 of the foregoing Ordinance was at this time read and adopted by the following vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance, together with the Emergency Section had been PASSED. Resolution No. 6,219 was next presented, containing the following title: A RESOLUTION DESIGNATING BOND COUNSEL FOR THE BONDS TO BE ISSUED BY THE CITY FOR THE SLACKWATER HARBOR AND INDUSTRIAL PROJECT; AND FOR OTHER PURPOSES; (Friday, Eldredge and Clark; Rose, Nash, Williamson, Carroll, Clay and Giroir; Sptzberg, Mitchell and Hays; Williams, Selig and Sayre; and Wright, Lindsey and Jennings) with there being a complete reading of the Resolution. Following the reading of the Resolution, a brief discussion was held regarding the designation of counsel for the Bond Issue. Directors Bussey and Mehlburger suggested naming only one firm, while Director Keith wanted to employ all of the firms with the opinion that it would develop support for the project. Director Jones questioned Assistant City Manager of Administration, Mr. E. Jack Murphy, on the difficulty of designating all five firms and , Mr. Murphy advised that naming that many firms might not be workable; however, if five firms are employedl. one could serve as a lead attorney for coordinating the work. 'There was no further discussion and Director Langston made a motion that the Resolution be adopted. The motion was seconded by Director Keith and adopted by the following vote: Ayes - Directors Keith, Langston, Bussey, Shackelford. and Jones - total 5; Noes - Director Mehlburger - total 1; Abstaining ­Mayor Hubbell - total 1; Absent - None. Under "Citizen Communications "; Mr. Peter Miller of 2106 South Gaines Street presented a proposal that the City -of Little Rock sponsor at least fifty of the Indochinese refugees ( "Boat People ") and that he be given the authority to work with the Human Resources Department to develop a Plan for these people. He stated that no funds were being requested at this time. City Manager Carleton E. McMullin advised that Mr. Nathaniel Hill, Director of Human Resources had made it clear to him that he does not have the resources at this time to carry out this request. He added, "if you fell that we must get involved, we will have to come back to you for commitments." Mayor Hubbell then requested that Mr. Miller consult with the City Manager and that information be provided the Board of Directors for the next Agenda Meeting. ui OCTOBER 2, 1979, 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 Mehlburger, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:10 o'clock P. M. to meet again in regular session on Tuesday, October 16, 1979 at 7:30 o'clock P. M. ATTEST: /? APPROVED: 40 City Clerk Mayor The last presentation was made by Ms. Margaret Birdsong of 5905 Pecan Lake Road regarding the previous zoning of the Tall Timber Development Area. She stated that Tall Timber had not lived up to ' the covenant and commitments and requested that they be forced to do so. Mayor Hubbell then requested that the City Manager confer with the City Attorney regarding the matter, and that the City Attorney have a•report on the zoning case at the next Agenda Meeting. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Mehlburger, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:10 o'clock P. M. to meet again in regular session on Tuesday, October 16, 1979 at 7:30 o'clock P. M. ATTEST: /? APPROVED: 40 City Clerk Mayor Board of Directors Chamber Little Rock, Arkansas October 16, 1979 - 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 purpose of discussing appointments to various Board and Commissi with Mayor Hubbell presiding and the following Directors answering roll call: Directors Keith, Langst and Jones - total 3; Absent - Directors Mehlburger, Bussey and Shackelford - .total 3. The motion to recess into Executive Session was made and seconded by Directors Keith and.Langston, respectively, and unanimously adopted. Board of Directors Chamber Little Rock, Arkansas October 16, 1979 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from Executive Session to 1111 regular session with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Absent - Director 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 Keith. The first matter to be considered was Resolution No. 6,220, containing the following title: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE AIRPORT COMMISSION, CITY BEAUTIFUL COMMISSION, CITY SAFETY COMMISSION OF LITTLE ROCK, LITTLE ROCK HISTORIC DISTRICT, LITTLE ROCK HOUSING AUTHORITY, AND THE PLANNING COMMISSION; AND FOR OTHER PURPOSES; (Mr. Vernon Giss to Airport Commission; J. A. Almand, William J. Gaskin, and James A. Vines to City Beautiful Commission; Ms. Ida Dokes to the City Safety Commission; Mr. George Worthen to the Little Rock Historic District; Mr. Lawson Delony, Jr. to the Housing Authority; and Mr. Jack D. Davis, Don F. Hamilton, Richard Massey and Robert Wright to the Planning Commission.) with said Resolution being read in full, and followed by a motion from Mayor Hubbell, seconded by Director Keith, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones total 6; Noes - None; Absent - Director Mehlburger - total 1. The next presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held on October 2, 1979. (b) The Comparative Statement of Income Account for the Little Rock Municipal Water Works for the month of August, 1979. (c) The Annual Report of the Little Rock Municipal Water Works for 1978. (d) Resolution No. 6,221, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE DEMOLITION OF SIXTEEN STRUCTURES AND FOR THE PURCHASE OF TWENTY TONS OF REFLECTIVE THERMOPLASTIC COMPOUND; AND FOR OTHER PURPOSES. (e) Resolution No. 6,222, entitled: ' RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE COBB STREET BETWEEN 28TH AND 29TH STREETS IN BLOCK 112, JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; Petition filed by W. H. Vinsett, et al, to vacate the above named street, which was approved by the Planning Commission. A letter from Beach Abstract & i OCTOBER 16, 1979, Cont'd. �I certifying to the last apparent owners of record of property abutting the proposed �!! ii �I�I _ closure, and a certified copy of the plat of John Barrow Addition were attached to the Petition. Public Hearing was set for Tuesday, November 6, -1979 at 7:30 P. M. (f) Resolution No. 6,223, described as: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING Nli THE DATE OF HEARING ON THE PETITION TO VACATE ASH STREET IN BLOCK 19, PULASKI HEIGHTS If, ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; The petition was filed by Bernard E. Kaiser and Harry E. Meek to vacate and close that portion of North Ash Street that fronts upon Lots 1 & 2, Block 19, and Lots 11 & 12, �I tl Block 18, Pulaski Heights Addition to the City of Little Rock, Arkansas, having been approved I`li by the Planning Commission. Attached to the petition was a letter from the Beach Abstract & +IPPP, n� I • Guaranty Company certifying to the apparent owners of property abutting the proposed closing Ik of this portion of North Ash Street, and a certified copy of the amended plat of Pulaski V Heights Addition to the City of Little Rock. Public Hearing date was set for Tuesday, !I November 6, 1979 at 7:30 P. M. By a motion from Director Bussey, seconded by Director Langston, with all members present voting Aye, �I the Consent Items were dispensed with as follows: (a) The Minutes were approved as written and ' yl �I summarized to the members of the Board of Directors; (b) The Comparative Statement of Income Account 1 of the Little Rock Municipal Water Works was received and filed; (c) The Annual Report of the Little Rock Municipal Water Works was received and filed; and (d, e & f) Resolution Nos. 6,221, 6,222 and �I ii 6,223, were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, i Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Directorjl II'li Mehlburger - total 1. 1 �I There was presented Resolution No. 6,224, described as: I RESOLUTION APPROVING THE SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING PROCESS; jlA i� I and the Resolution was read in its entirety. Requests were made by Ms. Mary J. Williams, Ms. Vesti E. I - Oliver and Rev. J. S. Woodard, residents in the vicinity of 31st and Gaines Streets, for improvements to the streets in that area, especially 31st Street. Mr. Nathaniel Hill, Director of Human Resources, �IL advised the Board of Directors that no houses face 31st Street; that 31st Street is not necessary for the moving of traffic and that 'bur recommendations to later be that I you now, and probably on, will 31st Street not be paved until we get many other projects completed." In discussion, Mayor Hubbell emphasized, "we are not committing money, just approving the planning process." Director Jones said it was her hope that the citizens realize this. At this point, Mr. Hill stated that he indicates to the u citizens that "the Board can undo anything." There was no further discussion and a motion was then made „ by Director Langston, seconded by.Director Keith, which resulted in a roll call vote whereby the Reso- lution was adopted by the following vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Mehlburger - total 1. A large delegation representing the Grace Presbyterian Church at 9301 Rodney Parham Road was in I attendance. Although the matter did not appear on the official agenda, they were present to appeal to the Board of Directors for a waiver of the requirement of financial participation in off -site improve - ments imposed upon the Church by the Department of Community Development, under the provisions of Ordi- nance No. 12,501, in connection with the construction of a fellowship hall on the church property at 9301111, Rodney Parham Road. Mr. Barry Coplin was the spokesman for the - group, who stated they had been unable to'+ 1 obtain a building permit because of a dispute over right -of -way. He said off -site improvements would I' cost the Church $20,500, and that the delay had already cost the Church two weeks in construction time. Director Jones requested information from the Staff and Mr. Bill Davies, Assistant City Manager of Operations, explained the original cost to the Church was $25,500, which had been negotiated down to 1 ;'� fl OCTOBER 16, 1979, Cont'd. $20,500. He advised that the City does require bonds and the records reflect that site improvements have been made by other churches; with no precedent having been established for waivering. Director Jones then made a motion that, "waiver of payment be granted, contingent upon the donation of right -of- way." The motion was seconded by Director Shackelford and adopted by the following roll call vote: Ayes - Directors Langston, Bussey, Shackelford, Mayor Hubbell and Director'Jones - total 5; Noes - None; Abstaining - Director Keith - total 1; Absent - Director Mehlburger - total 1. Presented for consideration at this time was Resolution No. 6,225, with the title being: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND PULASKI COUNTY, ARKANSAS PERTAINING TO OWNERSHIP; MANAGEMENT AND OPERATION OF THE PUBLIC MASS TRANSPORTATION SYSTEM IN THE CITY OF LITTLE ROCK AND OTHER AREAS OF PULASKI COUNTY, ARKANSAS; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Bussey, seconded by Director Shackelford, and by the following roll call vote: Aye's - Directors Langston, Bussey, Shack ford, Mayor Hubbell and Director Jones - total 5; Noes - None; Abstaining - Director Keith - total 1; Absent - Director Mehlburger - total 1. Considered at this time was Ordinance No. 13;735, entitled: AN ORDINANCE REPEALING 543 -29 OF THE CODE OF ORDINANCES OF -THE CITY OF LITTLE ROCK, ARKANSAS PER- TAINING TO NOTICE PROVISIONS OF THE ZONING ORDINANCE;.DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; , and said Ordinance was read the first time. A motion then followed from Director Keith, seconded by Director Langston, 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 Keith and Langston, 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 tw6- 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, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None Absent - Director Mehlburger - 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, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Mehlburger - total 1. It was announced that the Ordinance, together with the Emergency Section had PASSED. Introduced next was a proposed Ordinance with the following title: AN ORDINANCE REPEALING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK FOR THE ZONING OF LAND; AND FOR OTHER PURPOSES; with the Ordinance being read the second time, having been read the first time on October 2, 1979. Ther ll was no motion for the suspension of the rules and the proposed Ordinance remained on the calendar for third and final reading. Another proposed Ordinance was presented with the title being: AN ORDINANCE TO BE KNOWN AS THE ZONING ORDINANCE, APPROVING AND ADOPTING THE ZONING RULES AND REGULATIONS AS PREPARED BY THE LITTLE ROCK OFFICE OF COMPREHENSIVE PLANNING AND ADOPTED AND APPROVED BY THE LITTLE ROCK PLANNING COMMISSION; ESTABLISHING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; , and the Ordinance was read the second time, with the first reading having occurred on October 2, 1979. No motion was made to suspend the rules 'therefore, the proposed Ordinance remained on the calendar for third and final reading. OCTOBER 16, 1979, Cont'd. Presentation was then made of the following Zoning Petitions, as approved by the Planning Commission: Z -3382 - Petition from Dr. Harold White by Attorney Philip Kaplan, to rezone Lot 3, Block 12, Mountain Park Addition to the City of Little Rock, from "A" One- family District to "F" Commercial District. Z -3386 - Petition from Russell J. Cannon, Sr. to rezone 923 South Fillmore Street, described as Lots 7, 8, 9, 10, 11 & 12, Block 5, Perry Heights Addition to the City of Little Rock, from "F" Commercial and "B" Residence Districts to "H" Business District. Z -3400 - Petition from Chester Phillips for Commonwealth Services Corporation to rezone the northwest corner of Raintree Lane at Brookside Drive, described as Lot 1, Commonwealth Services Corporation Replat of Lot 2, White Rock Addition to the City of Little Rock, from "E -1 7A" Lodging, Nursing Home & Undertaking District and "MF -24" Multi- family District to "MF -24" Multi- family District. As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,736, as follows) IIIIlI Ordinance ORDINANCE RECLASSIFYING VARIOUS described as: AN 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 after a first reading of the Ordinance, there was a motion by Director Keith, seconded by Director Shackelford, 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 ensued. A subsequent motion was made by Director Keith to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Shackelford, 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Mehlburger - total 1. It was announced that the Ordinance had PASSED. Presented at this time was an appeal by Mr. John Flake for Balch Motor Company of the Planning Commission's denial of Zoning Petition Z -3346 to reclassify the N(W Corner of North and State Streets, described as Lots 3 and 4, Block 183, Original City of Little Rock, from "D" Apartment District to "E -1" Quiet Business District. Return receipts of notification to objectors were filed with the City Clerk. Mayor Hubbell relinquished the Chair to Vice Mayor Bussey,:due to abstention on the issue. Vice Mayor Bussey then declared the public hearing open and Mr. E. DeMatt Henderson, Attorney for Balch Motor Company was the first speaker. He advised the Board that there are no immediate.-,plans for development of the property and, most certainly not a body shop. Any Plan would have to comply with "E -1" Quiet Business classification. It was his opinion that the area is no longer suitable for construction of apartments or residences, and he requested favorable consideration. Mr. Sandy McMath, Attorney and resident in the area, presented opposition to the proposal. He introduced several adjacent property owners who also, oppose the reclassification of the subject property. Director Keith commented that the Balch Motor Company had made improvements to the City in the present location of their company. Upon question by Director Bussey, Mr. Nathaniel Griffin, Director of Comprehensive Planning, advised that a paint and.body shop could not be built in an "E -1" District; only a quiet business with off - street parking. Vice Mayor Bussey declared the public hearing closed and a proposed Ordinance to reclassify the property was placed on first reading. A proposed Ordinance was presented, with the title being: mo�ww,, 2140 OCTOBER 16�- -19741 Cont d, . ail I AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NW CORNER OF NORTH AND STATE STREETS IN THE � CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE A ROCK, ARKANSAS, AND FOR OTHER PURPOSES; -- and there was a first reading of the Ordinance. With no motion being made for the suspension of the , II rules, the proposed Ordinance remained on the calendar for second reading. I� Vice Mayor Bussey then returned the Chair to Mayor Hubbell, who continued to preside over the Mmeeting. A Public Hearing had been scheduled for this time and 'place to hear arguments pertaining to the appeal requested by Mrs. Marjorie Gachot, of the Planning Commission's denial on August 28, 1979, of I u +q Petition No. Z -3368 to rezone property at the S/E Corner of Hermitage Road at Mason Road, described as ail the W 165' of Lot 34, except the S 70' of the W 165' of Lot 34, West Highland Subdivision to the City of . I� Little Rock, from "A" One- family District to "F" Commercial District. Mayor Hubbell declared the Public !A Hearing open. Mrs._ Gachot was the only person to speak and she advised the Board of Directors that she _ j I would gladly dedicate needed right -of -way. Upon question by Director Bussey, she stated that it would _ - not cause an imposition if the ordinance to rezone the property is left on the calendar. No opposition was presented and Mayor Hubbell declared the public hearing closed and the proposed Ordinance to re- j classif y the subject property was placed on first readin g. (See proposed Ordinance below) , [j A proposed Ordinance was presented containing the following title: yAN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HERMITAGE ROAD AT MASON i ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY - I OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; ! and the Ordinance was read the first time. There was no motion for the suspension of the rules and the proposed Ordinance remained on the calendar for second reading. An Appeal of the Planning Commission's denial on August 28, 1979 of Zoning Petition No. Z -3342, submitted by Attorney Philip Kaplan for Coolidge Faulkner, to rezone Tract "A ", Pryor's Replat being part of Lot 1, West Markham Street Subdivision to the City of Little Rock, from "A" One- family District to "E -1" Quiet Business District, had been set for this time and place. Return receipts of notification to objectors were filed with the City Clerk. Mayor Hubbell declared the public hearing open and Mr. Kaplan presented the request along with photographs of the subject property. He explained that the house is located in the one - hundred -year flood plain; that the owner proposes to operate a two -chair � beauty shop and live within the structure. He requested that the Board reconsider the Planning w ,Y Commission's action on this request. Several property owners on Pryor Street were present in opposition i to the reclassification to "E -1" District. Mr. David C. Knesal, Jr., Mrs. Marie Burrows, Mrs. Max I Y Berumen, Mrs. Edolene Chester and Ms. Eleanor Forbess urged the Board of Directors to uphold the vote of the Planning Commission. They pointed out that the only ingress and egress to Pryor Street is off Markham Street and the.beauty shop would create an increase in the traffic flow. Mayor Hubbell declared !� the Public Hearing closed and the proposed Ordinance to reclassify the property was placed on first reading. A proposed Ordinance was presented, entitled: i AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE SOUTHEAST CORNER OF WEST MARKHAM STREET, AT !i i PRYOR STREET IN TEE 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, which was seconded by Director Bussey, 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 V number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was j subsequently read the second time, resulting in a motion again made by Director Keith, for a further Vsuspension of the rules to allow for the third and final reading of the Ordinance. The motion was OCTOBER 16, 1979,`Cont'd. seconded by Director Bussey, 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 - None; Noes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Absent - Director Mehlburger - total 1. The Ordinance was declared to have FAILED. Again presented was the request of James E. Hathaway, Jr. by Attorney Joseph C. Kemp, to vacate and close portions of Hardin and Mason Streets in West Highland Subdivision to the City of Little Rock, unde. Arkansas Statute 19 -2304 of 1947. Resolution No. 6,216 setting date for public hearing at this time and place had been duly published on October 8, 1979, with Notices being hand - delivered by Attorney Kemp, with affidavit and signed receipts filed in the Office of the City Clerk. Mayor Hubbell then declared the Public Hearing open. Mrs. Marjorie Gachot, an abutting property owner, requested deferral of this request until the Zoning Appeal on the S/E Corner of Hermitage Road at Mason Road (Z -3368) has been acted upon._ Attorney Charles J. Lincoln, II, who represents the Dace Corporation, advised that the Dace Corporation bought an adjacent tract to be developed for an office complex; that the Dace Corporati, owns the brick house fronting on Mason Street and that they strenously object to this street closure. Attorney Joseph C. Kemp, speaking for the property owners and the owners of Office Park West Subdivision distributed a copy of a letter to the Board Members from Mr. Nathaniel Griffin, Director of Comprehensiv Planning, stating that the subject streets constitute an impediment to proper platting and development both within and adjacent to the Office Park West Subdivision. Mr. Kemp added that the rights -of -way had been dedicated in 30 feet widths; do not meet requirements and have never been used. Director Keith indicated he would like to offer an amendment to close Hardin Street all the way to 12th Street,, but the City Attorney advised that a hearing would have to be held and abutting property owners notified. The Mayor then declared the public hearing closed and a proposed Ordinance to close a portion of Hardin and Mason Streets was placed on first reading. Considered at this time was a proposed Ordinance with the following title: AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING, CLOSING AND ABANDONING PORTIONS OF MASON AND HARDIN STREETS IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. There was no motion offered for the suspension of the rules and the proposed Ordinance remained.on the calendar for second reading. Again presented was the Petition from George M. Wells, et al, to vacate and close Cornelius, Town- send, Young and the North 40 ft. of Battle Streets and the Alley bisecting Blocks 3, 6 & 11, and the Alley bisecting Blocks 2 & 7, in Booker Heights 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. 6,210, .with Notice thereof having been duly published on September 28, 1979 and October 5 1979 as required by law. Mayor Hubbell 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 clos the above - described streets and alleys was placed on first reading. (See Ordinance No. 13,737 as follow Introduced next was Ordinance No. 13,737, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE STREET /ALLEY IN BLOCKS 2, 3, 6, 7, 10 AND 11, BOOKER HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; (Cornelius, Townsend and Young Streets and the North 40 ft. of Battle Street and Alleys bisecting Blocks 3, 6, 11, 2 and 7) 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 Keith, seconded by Director Bussey, which was unanimou adopted by the Board Members present, being six in number and two - thirds or more of the members of the i 26� �II I OCTOBER 16, 1979, Cont'd. Board of Directors - elect. There was a second,reading of the Ordinance, and.a subsequent motion from, Director Keith, again seconded by Director Bussey, for a further suspension of the rules to allow for the third and last 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 jI Directors - elect; and,the Ordinance was read the third and last time. The resulting Aye and No Vote it 'I taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, I Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None;- Absent - Director i IMehlburger - total 1. The four annuah Franchise Ordinances imposing taxes to be paid the City by Arkansas -Power & Light 4 Company, Arkansas Louisiana Gas Company, Southwestern Bell Telephone Company and the Little Rock Municipal Water Works for the year 1980, were placed on the official agenda. Mayor Hubbell announced that "the Ordinances will be withdrawn and no action taken tonight." Ordinance No. 13,738 was presented, entitled: �I AN ORDINANCE.APPROPRIATING $16,480.00 FROM THE 1977 CAPITAL IMPROVEMENT PROJECT FUND FOR THE DAVID D. TERRY HOUSE; AND FOR OTHER PURPOSES; i i and the Ordinance was read the first time. There was a motion made at this time by Mayor Hubbell, seconded by Director Keith, that the rules be suspended and the Ordinance be placed on second reading. I 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 again made by Director Keith, seconded by Director Shackel- ford, 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 ilY 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 I Ordinance Pass, with the vote being recorded herein as follows: Ayes - Directors Keith, Langston, Busse: Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent,- Director Mehlburger - AliI total 1. - 'Section The Emergency Section, being 2 of the foregoing Ordinance, was read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director-Mehlburger - total 1. The Ordinance, �. �I together with the Emergency Section, was then declared PASSED. Next presented was Resolution No. 6,226, containing the following caption: A RESOLUTION AUTHORIZING AND ENDORSING A FIRE PROTECTION MASTER PLANNING PROGRAM; AND-FOR OTHER PURPOSES; i' and the Resolution was read in its entirety. A motion was made by Director Langston, seconded by I Director Keith, that the Resolution be adopted. The resulting roll call vote provided for adoption of I j the Resolution as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and ii Director Jones - total 6; Noes- None; Absent - Director Mehlburger - total 1. A proposed Resolution was considered at this time, described as: i A RESOLUTION CHANGING THE NAME OF RODNEY PARHAM ROAD NORTH OF�GREEN MOUNTAIN TO "GREEN MOUNTAIN Pr GREEN CHANGING THE NAME OF HINSON ROAD WEST OF GREEN MOUNTAIN INTERSECTION INCLUDING A ONE - FOURTH MILE SEGMENT KNOWN AS .GRISHAM ROAD TO " RODNEY PARHAM ROAD "; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety. Opposition to the proposal was presented by Mr. Louis E.I Schaefer, Mr. John Rogers and Dr. George Morledge, all residing on North Rodney Parham Road. They stated , it would cause unnecessary expense and inconvenience to the thirty -four families being affected by the street name change. Upon question by Director Bussey, Mr. Nathaniel Griffin, Director of Comprehensive Planning, explained this change would eliminate inconsistency in the naming of major arterial streets. I III OCTOBER 16, 1979, Cont'd. Director Jones commented that she had requested a telephone poll be conducted by housewives in the area, but that she did not receive any calls. There was a motion by Director Keith, seconded by ' Director*Bussey, for a vote on the Resolution. A roll call was taken on the motion with the results being recorded as follows: Ayes - Directors Keith and Jones - total 2; Noes - Directors Langston, Bussey, Shackelford and Mayor Hubbell - total 4; Absent - Director Mehlburger - total 1. Therefore, t the adoption of the Resolution FAILED. The last Resolution to be presented was requested by City Attorney Jack Magruder and did not appear on the official agenda. It was numbered 6,227, and entitled: A RESOLUTION AUTHORIZING A-SETTLEMENT AGREEMENT IN THE CASE OF WALDO JONES D /B /A ACTION AD V. CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. City Attorney Jack Magruder advised the Board of Directors that Mr. Waldo Jones will be amenable to dismissing the suit filed in federal court if the City will agree to give Mr. Jones an additional two years to amortize the signs on wheels prohibited by the Sign Ordinance. Upon motion of Mayor Hubbell, seconded by*Diirector Keith, the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones- total 6; Noes - None; Absent - Director Mehlburger - total 1. City Manager Carleton E. McMullin, brought to the attention of the Board of Directors that a junk yard is about to be located adjacent to the East Little Rock Community Complex. Mr. McMullin concurred with Mr. Nathaniel Hill, Director of Human Resources that the City should seek an alternative for its removal. He pointed out that the owner had stayed construction because of an alternative that might involve the swapping of land. He further advised that the Staff is seeking a solution and he made the Board of Directors aware of "our move in that direction." There being no further business to be presented or to come before the Board of Directors, upon motion of Director Bussey, seconded by Director Hubbell, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:35 o'clock P. M. to meet again in regular session on Tuesday, November 6, 1979 at 7:30 o'clock P. M. ATTEST: 9t4st e/J1Gz_ City Clerk APPROVED: Mayor Board of Directors Chamber Little Rock, Arkansas November 6, 1979 - 7:30 P. M. The Board of Directors of the 'City of Little Rock, Arkansas met in regular session with'Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared to be present and the meeting therefore, proceeded as herein described: The Invocation was given by Director Langston. The first presentation was the Consent Agenda consisting of the following items: (a) The Minutes of the previous meeting held on October 16, 1979. (b) The Audit Report of the Little Rock Port Authority dated June 30, 1979. (c) The Audit Report of the Little Rock Community Development Block Grant Program dated June 30, 1979. (d) Resolution No. 6,228, entitled: A RESOLUTION COMMITTING CITY FUNDS IN THE AMOUNT OF $513.00 AS THE CITY'S MATCHING FUNDS FOR EXPANSION OF THE FELONY PHOTOGRAPH PROJECT (CRIME EYE); AND FOR OTHER PURPOSES. (e) Resolution No. 6,229, described as: Mill A RESOLUTION ACCEPTING THE DEDICATION DEED FROM THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (f) Resolution No. 6,230, containing the following title: A RESOLUTION REQUESTING THE ARKANSAS HIGHWAY DEPARTMENT TO LANDSCAPE AND IMPROVE AN AREA WITHIN THE HIGHWAY RIGHT -OF -WAY OF INTERSTATE 30. (g) Resolution No. 6,231, with the title being: A RESOLUTION TO GRANT A SANITARY SEWER EASEMENT TEN FEET IN WIDTH ACROSS PROPERTY OWNED BY THE CITY OF LITTLE ROCK, ARKANSAS, TO CONNECT PROPERTY LOCATED IN SAID CITY TO THE SANITARY SEWER SYSTEM OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES. (h) Resolution No. 6,232, described as: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF SUBARU SOUTH, INC. PURSUANT TO AN OPTION TO PURCHASE ENTERED INTO BY THE LITTLE ROCK PORT AUTHORITY AND THE SAID SUBARU SOUTH, INC., AS TO TRACT F, 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. (i) Resolution No. 6,233, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR SITE DEMOLITION AND CLEARANCE, FOR STREET AND STORM DRAINAGE IMPROVEMENTS IN THE SOUTH LITTLE ROCK AREA, FOR THE ANNUAL CONTRACT FOR STATIONERY AND OFFICE SUPPLIES, AND FOR THE ANNUAL CONTRACT FOR VETERINARY CARE FOR ZOO ANIMALS; WAIVING THE REQUIREMENT OF COMPETITIVE BIDDING ON THE CONTRACT FOR VETERINARY CARE FOR ZOO ANIMALS; AND FOR OTHER'PURPOSES. By a Motion from Director Mehlburger, seconded by Director Jones, 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 Audit Report of the Little Rock Port Authority was received and filed; (c) The Audit Report of the Community Development Block Grant Program was received and filed; and (d, e, f, g, h and i) Resolution Nos. 6,228, 6,229, 6,230, 6,231, 6,232 and 6,233, were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones = total 7; Noes - None; Absent - None. J 1' i _ A_j 29 NOVEMBER 6, 1979, Cont'd. i The next matter to be considered was a proposed Resolution, entitled: h I I A RESOLUTION AUTHORIZING A CONSENT DECREE IN THE CASE OF THE INFANT- TODDLER MONTESSORI SCHOOL, jl�,`, INC. AND JYOTHI McMINN V. CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; IIi1 (To permit operation of school at 5419 Kavanaugh for 1 to 3 year -olds) L' I I with said Resolution being read in full. Attorney Robert L- Robinson, Jr., attorney for Mrs. McMinn, f1% requested that favorable consideration be given to the proposed Resolution. Mr. Robinson presented the Consent Decree which he explained was prepared in August, but the City Attorney did not agree to settle -� I1111 I SIN � ment. Dr. Dan Autry of 1900 North Tyler Street and Mr. Frank Wills of 1824 North Tyler, who are property owners in the vicinity were present in opposition to the Consent Decree. Dr. Autry told the Board of Directors that this matter "should not be considered tonight." Assistant City Attorney Carolyn Wither- . spoon explained the status of the court case and felt the City has a 50/50 chance to win. Upon question � by Mayor Hubbell, Mr. .Robinson advised that he would be amenable to the removal of paragraphs 2, 3 and i 4 of the Decree. A motion was made by Director Mehlburger, seconded by Mayor Hubbell, that paragraphs 2, 3 and 4 on page one, and paragraphs 2 and 6 on page two of the Decree be deleted; and, that her heirs i and assigns be added after Jyothi McMinn. A roll call was taken on the motion with the results being: II i Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - I total 7; Noes - None; Absent - None. With the motion for amendment to the Resolution having been i. adopted, a roll call was taken on the adoption of the Resolution, as amended, and recorded herein: Ayes - Directors Shackelford and Jones - total 2; Noes - Directors Keith, Langston, Mehlburger, Bussey ^ I and Mayor Hubbell - total 5; Absent - None. Due to conflict of interest, Mayor Hubbell relinquished the chair to Vice Mayor Bussey, for i' presentation of the following Zoning issue: i +i I A proposed Ordinance was presented for second reading, described as: II AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NW CORNER OF NORTH AND STATE STREETS IN THE 11 CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE it I ROCK, ARKANSAS, AND FOR OTHER PURPOSES; I (From "D" Apartment District to "E -1" Quiet Business District) with the Ordinance being read the second time. Attorney E. DeMatt Henderson, representing the applicant,.• it I Balch Motor Company, again requested that.the property be rezoned to "E -1" Quiet Business. A group of owners within the block were in opposition. Attorney Sandy McMath, is property present who also a it resident, stated that residents are violently opposed to "E -1" Zoning without a specified type of structure. Director Mehlburger made a motion that the rules be suspended and the ordinance be placed on third and final reading. The motion was seconded by Director Jones and submitted to the following roll call vote: Ayes - Directors Mehlburger, Shackelford -., and Jones - total 3; Noes - Directors Keith, Langston and Bussey - total 3; Abstaining - Mayor Hubbell - total 1. With the suspension of the rules i n having failed, a subsequent motion was made by Director Keith, seconded by Director Bussey, that the I, matter be returned to the Planning Commission for further study, and the entire block be reviewed for I "E -1" Quiet Business District Zoning. The motion was adopted and the matter returned to the Planning I� P Commission by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Noes - None; Abstaining - Mayor Hubbell - total 1. Presiding over the following portion of the meeting was Director Langston, with both Mayor Hubbell and Vice Mayor Bussey having conflicts of interest: Resolution No. 6,234 was presented, with the title being: I A RESOLUTION CALLING A SPECIAL REFERENDUM ELECTION REFERRING CITY OF LITTLE ROCK ORDINANCE N0. 13,558, PASSED DECEMBER 27, 1978, TO A VOTE OF THE PEOPLE; AND FOR OTHER PURPOSES; � i (Gable TV - Bid awarded to Midwest Video Corporation; Two lawsuits filed) I i and the Resolution was read in its entirety. Director Mehlburger made a motion that the date of i, li I�w� NOVEMBER 6, 1979, Cont'd. "January 22, 1980" be inserted in the Resolution as the date for election. The motion was seconded by IIIIIII Director Keith and adopted by the following response: Ayes - Directors Keith, Langston, Mehlburger, Shackelford and -Jones - total 5; Noes - None; Abstaining - Mayor Hubbell and Vice Mayor Bussey - total 2. Attorneys Bill Miller and Philip Caplan, representing Midwest Video; were in agreement with calling the election. Mr. P. A. Hollingsworth, Attorney for Little Rock Business and Development Consortium, had filed two lawsuits regarding Cable TV and had previously requested the submission of the matter to the voteis. Attorneys Bill Miller, Philip Kaplan and P. A. Hollingsworth, each agreed, that calling the election makes the pending lawsuits moot. There was no further discussion and Director Keith made a motion that the Resolution be adopted. The motion was seconded by Director Mehlburger and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehl- burger, Shackelford and Jones - total 5; 'Noes - None; Abstaining - Mayor Hubbell and Vice Mayor Bussey - total 2. Director Langston then relinquished the chair to Mayor Hubbell, who presided'over the remainder of the meeting. Introduced next was Resolution No. 6,235, containing the following title: A RESOLUTION SUPPORTING PROVISION OF SEWER SERVICE TO SEWER DISTRICT NO.. 142 UPON ANNEXATION TO THE CITY AND TO ALEXANDER; I with said Resolution read in full, and followed by a motion from Director Keith, seconded by Director Mehlburger, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Presented at this time was Ordinance No. 13,739, with the following caption: AN ORDINANCE REPEALING CHAPTER 43 EXCEPT SECTIONS 43 -30 and 43 -33 THROUGH 43 -47 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, WHICH ORDINANCE ESTABLISHED A ZONING CODE FOR THE CITY OF LITTLE ROCK; SPECIFICALLY RETAINING SECTION 43 -30 WHICH ESTABLISHES A FEE SCHEDULE FOR CERTAIN CITY SERVICES AND SECTIONS 43 -33 THROUGH 43 -47 WHICH ESTABLISH A ZONING PLAN FOR THE CENTRAL LITTLE ROCK URBAN RENEWAL PROJECT AREA; AND FOR OTHER PURPOSES; with the Ordinance being read the third and last time, having been read the first and second times on October 2, 1979 and October 16, 1979, respectively.. (Note'a revised, more lengthy title). There was no discussion and an Aye and No Vote followed on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Ordinance No. 13,740 was presented, described as: AN ORDINANCE ESTABLISHING CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR ZONING REGULATIONS AND RESTRICTIONS WITHIN -THE ZONING JURISDICTION OF THE CITY OF LITTLE ROCK, ARKANSAS; TO PROVIDE FOR THE ADMINISTRATION OF SAME AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREOF; TO PROVIDE FOR THE ENFORCEMENT HEREOF; AND FOR OTHER PURPOSES; (Note revised title of Ordinance) Before the final reading of the Ordinance, a brief discussion ensued in which Director Langston made a motion, seconded by Director Jones that the Ordinance be amended as follows: "The minimum lot area in the 10 -3' General Office District should be decreased from 15,000 to 14,000 square feet. Day Nursery or Day Care Centers should be included conditionally in the 'R -3' Single - family, 'R -4' Two Family and 'R -5' Urban Residence Districts. Parking, Commercial Lot or Garage should be included right in the 'C -4' Open Display District." A roll call was taken on the motion which was adopted by the following roll call vote: Ayes - Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance, as amended, was then read the third and last time, having been NOVEMBER 6, 1979, Cont'd. I! read the first and second times on October 2, 1979 and October 16, 1979, respectively. An Aye and No ih 1' Vote was taken upon the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - .None. Whereupon, the Ordinance, as amended, was declared PASSED. Director Jones then expressed appreciation to members of the Planning Staff and all who worked to accomplish the New Zoning Ordinance. Ij Presented for consideration at this time was Ordinance No. 13,741, entitled: Ii jl AN ORDINANCE AMENDING ORDINANCE NO. 13,176 PASSED JULY 20, 1976 BY THE BOARD OF DIRECTORS OF THE 1 CITY OF LITTLE ROCK, ARKANSAS, FIXING FEES FOR VARIOUS CITY SERVICES; AND FOR OTHER PURPOSES; I�I it (Zoning Fees) �I which Ordinance was read the first time. A'motion followed from Director Bussey, seconded by Director II Jones, that the rules be suspended to allow for the second reading of the Ordinance. The .motion j. 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 I accomplished. The rules were again suspended at this time and the Ordinance placed on its third and I � final reading by a motion made and seconded by Directors Bussey 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. An Aye and No Vote was then taken on the passage of the Ordinance with the resulting vote recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then P, declared PASSED. d it An Ordinance that did not appear on the Agenda was presented, described as: (ordinance No. 13,742) AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HERMITAGE ROAD AT MASON J ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY �I! OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (Z -3368 - Property belonging to Marjorie Gachot) �I and the Ordinance was read the second time, with the public hearing and first reading having occurred I' on October 16, 1979. The Planning Commission had denied the "F" Commercial Zoning filed by the applicanr� who appealed to the Board of Directors for zoning as.requested. A motion followed at this time from Director Bussey to amend the Ordinance to "E -1" Quiet Business District. The motion was seconded by Director Keith and adopted by the following roll call vote: Ayes - Directors Keith, Mehlburger, Bussey,i,l Shackelford, Mayor Hubbell and Director Jones c total 6; Noes - Director Langston - total 1; Absent None. A subsequent motion was made by Director Mehlburger, seconded by Director Keith, that the rules be suspended and the Ordinance, as.amended, be placed on third and final reading, with the motion being II� adopted by unanimous vote of the members of the Board of Directors present being seven in number and two -;1�( thirds.or more of the members of the Board of Directors - elect. The third and last reading of the Ordi- nance, as amended, 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 - Directors Keith, Langston, Mehlburger, Bussey, � 'I I Shackelford, Mayor Hubbell and Director Jones - total 7; .Noes - None; Absent - None. The Ordinance, as amended, was therefore declared PASSED. �. Next presented was Ordinance No. 13,743, with the title being: V AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING, CLOSING AND it ABANDONING PORTIONS OF MASON AND HARDIN ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER I PURPOSES; II and the Ordinance was read the second time, having been read the first time on October 16, 1979, at which time the public hearing was held, Attorney Charles J..Lincoln, II, who represents the Dace Ij Corporation, was again present and voiced opposition to the street closure.- In discussion, it was pointed out that the City needs to retain the north 10 feet of the east 15 feet of Mason Road, and - i NOVEMBER 6, 1979, Cont'd. the north 10 feet of the west 15 feet of Hardin Road. Director Mehlburger then made a motion, seconded by Director Langston, that the Ordinance be amended as follows: "less and except, the north 10 feet of the east 15 feet of Mason Road, and the north 10 feet of the west 15 feet of Hardin Road." The motion was adopted by unanimous voice vote of the Board of Directors present. A motion then followed from Director Bussey that the rules be suspended and the Ordinance, as amended, be placed on third and final reading. The motion was seconded by Director Keith, 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; 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones.- total 7; Noes - None; Absent - None. The Ordinance, as amended, was declared to have PASSED. . Again presented was the Petition from W. H. Vinsett, et al, to vacate and close Cobb Street between 28th and 29th Streets, in Block 112, John Barrow 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. 6,222, with Notice thereof having been duly published on October 29, 1979 and November 5, 1979 as required by Law. Mayor Hubbell then declared the Public Hearing open. However, there was no one present to speak either for or against the street closure, and the Public Hearing was declared closed and an Ordinance to close the above - described street was placed on first reading. (See Ordinance No. 13,744 as follows) Introduced next was Ordinance No. 13,744, containing the following title: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING COBB STREET BETWEEN 28TH AND 29TH STREET IN BLOCK 112, JOHN BARROW 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 Keith, seconded by Director Shackelford, 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 from Director Keith, seconded by Director Langston, for a further suspension of the rules to allow for the third and last 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 resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The Petition of Bernard E. Kaiser and Harry E. Meek.was again presented to vacate and close North Ash Street that fronts upon Lots 1 & 2, Block 19, and Lots 11 & 12, Block 18, Pulaski Heights 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. 6,223, with Notice thereof having.been duly published on October 29, 1979 and November 5, 1979 as required by Law. Mayor Hubbell then declared the Public Hearing open. However, there was no one present to address 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.,13,745, below) Considered at this time was Ordinance No. 13,745, with the following title: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING ASH STREET IN BLOCK 19, PULASKI HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was 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 seven NOVEMBER 6, 1979, Cont'd. in number and two - thirds or more of the members of the Board of Directors - elect, with the ,second readin of the Ordinance following. A subsequent motion was again made by Director Keith, seconded by Director Langston, 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 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 question, Shall the Ordinance Pass, with the vote being recorded herein as follows: Ayes - Directors Keith, Langston, Mehlburger; Bussey, Shackelford, Mayor Hubbell, and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. The four annual Franchise Ordinances imposing taxes to be paid the City by Arkansas Power & Light Company, Arkansas Louisiana Gas Company, Southwestern Bell Telephone Company and the Little Rock Municipal Water Works for the year 1980, were again placed on the official agenda. Mayor Hubbell announced that "no action will be taken on the Ordinances tonight" therefore, they were withdrawn from the agenda. Director Bussey was excused. Ordinance No. 13,746 was presented, entitled: AN ORDINANCE APPROPRIATING $25,260.00 FROM CAPITAL IMPROVEMENT PROJECT FUNDS FOR THE UNIVERSITY PARK RAYMOND REBSAMEN TENNIS CENTER; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance, followed by a motion by Director Mehlburger that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Mayor Hubbell, 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 subsequent motion was then made and seconded by Directors Mehlburger 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 -thir 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 - Directors Keith, Langston,:Mehlburger, Shackelford, Mayor Hubbell and Director Jones total 6; Noes - None; .Absent - _Director Bussey - total 1. Therefore, the Ordinance was declared PASSED. Director Bussey was re- enrolled. A Public-Hearing had been advertised for this time and place regarding a Memorandum of Intent between the City and Subaru South, Inc.,.pertaining to the issuance of Industrial Development Revenue Bonds for constructing and equipping industrial facilities. Mayor Hubbell declared the public hearing open and there was no opposition to the proposal. Mr. John Echols,.the Bond Attorney, advised that the Memorandum:of Intent-.states that "The Company is an equal opportunity employer and does'not discriminat against job applicants or employees on the basis of race, sex, color, national origin, religion or age. A spokesman for Subaru South said that within eighteen months, the company will'have seventy employees. There was no further discussion and Mayor Hubbell declared the.public hearing closed.and the following Resolution, No. 6,236, was presented described as: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND SUBARU SOUTH, INC., PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCIN THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and the Resolution was read in its entirety. A motion was then made by Director Keith, seconded by Director Langston, which resulted in a roll call vote whereby the Resolution was adopted by the follow- ing vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Directo V NOVEMBER 6, 1979, Cont'd. Considered at this time was Ordinance No. 13,747, entitled: AN ORDINANCE AMENDING SECTION 15 -19 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, THE SAME BEING OF CHAPTER 15 DEALING WITH GARBAGE, TRASH AND WEEDS; AND FOR:OTHER PURPOSES; I 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-Mayor Hubbell and.Director Mehlburger, respective- ly, 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 Mehlburger, 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 there was a third and last reading of the Ordinance. The II resulting Aye and No -Vote taken on the'passage of the Ordinance is recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones ­total 7; Noes - None; Absent - None. Accordingly, it was announced that the Ordinance had PASSED. Resolution No. 6,237 was presented, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER. INTO A CONTRACT FOR REVIEW OF THE ZOO MASTER PLAN; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, there was a motion by Director Keith, seconded by Director Langston, for adoption of the Resolution. A roll call was taken and the Resolution was sub- sequently adopted as herein described: Ayes = Directors Keith, Langston,-Mehlburger; Bussey; Shackel- ford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. At this point in the meeting, Mr. Nathaniel Griffin,�Director of Comprehensive;Planningy expressed appreciation to the Board of Directors for their support in the passage of the New Zoning Ordinance: He stated, "I'm amazed at the ease with which this monumental task has been accomplished - -.- the biggest thing to happen to land use planning in Little Rock since 1937, and you'll be pleased with the product you'll be getting." City Manager Carleton E.- McMullin introduced Ms. Karen Muldrow, the new administrative assistant, employed in the City Manager's Office replacing'John Bauer. ' City Manager Carleton E. McMullin requested that Mr. Nathaniel Hill, Director of Human Resources, brief the Board on the proposed junk yard adjacent to the East Little Rock Community Complex. Mr. Hill advised that negotiations are underway for a land trade or outright purchase in order to prevent the location of this type operation -near the Complex.- The land being considered for trade is in the 2100 block of East 2nd Street, which would cost $13,000 to $18,000. The cost'for purchase of the land would be $30,000 to $50,000. He stated that hopefully, within-two weeks, he will have the• "whole -package" to bring to the Board of Directors. At 9:50 o'clock P. M., a motion was made by Director Keith that the Board recess to Executive -Session to discuss - appointments to various Boards and Commissions. The motion was seconded by Director .Langston and unanimously adopted by members of the Board of Directors present. At 10:10 o'clock P. M., the Board'of Directors reconvened in the Board Chamber from Executive Session, with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors answering roll call: Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. Resolution -No. 6,238 was introduced, containing the following title: ' A RESOLUTION MAKING APPOINTMENTS TO THE TRANSIT POLICY BOARD AND THE METROPOLITAN SERVICES STUDY COMMITTEE; AND FOR OTHER PURPOSES; (Metropolitan Services Study Committee - Director Myra Jones; Transit Policy Board - Directors Don Mehlburger and Vice Mayor Charles Bussey) NOVEMBER 6, 1979, Cont'd. and .the Resolution was read in its entirety. There was a motion by Director Keith that the Resolution be adopted. The motion was seconded by Director Langston and the Resolution was adopted by the follow- ing roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The last Resolution to be considered was No. 6,239, entitled: A RESOLUTION RECOMMENDING THE APPOINTMENT OF MRS. JANET BUFORD TO THE TRANSIT POLICY BOARD; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution after which a motion by Director Keith, seconded by Director Langston, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford,.Mayor Hubbell and Director Jones - total 7; Noes - None;.. Absent - ..None.: Mayor Hubbell announced at this time that pursuant to the.provisions of Section 3 of Ordinance No. 13,554, the Board of Directors, in Executive Session, by a majority vote, voted to allow Mr. George H. Wittenberg, Jr. to continue serving on the Little Rock Planning Commission. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Langston, seconded by Director Mehlburger, and by unanimous vote of the Board present, the meeting was adjourned at 10:15 o'clock.P. M. to meet again in regular session on Tuesday, November 20, 1979 at 7:30 o'clock P. M. ATTEST: "Ve, (!74Z APPROVED: 11K a�vix City Clerk Mayor Board of Directors Conference Room Little Rock, Arkansas November- 15, 1979 - 9:00 A. M. The Board of Directors of the City of Little Rock, Arkansas convened at 9:00 o'clock A. M. for executive session for the purpose of evaluating City Attorney R. Jack Magruder, with Mayor Hubbell. presiding and the following Directors answering roll call: Directors Keith, Langston, Bussey, Shackel ford and Jones - total 5; Absent - Director Mehlburger- total.l. At 10:00 A. M. the.Board of.Directors vacated the Conference Room and convened in the Board Chamber with all Board Members.present. Mayor Hubbell.announced.that City Attorney Magruder had received a vote of.confidence and the Board was very pleased with the Legal Department. He further stated that evaluation of City Manager Carleton E. McMullin was continued regarding a Resolution adopted by an employee group adding, "we have not seen the Resolution and we have no comment to make." At 10:05 A. M. there was a motion by Director Keith, seconded by Director Langston, that the executive session be adjourned. The motion was adopted by unanimous voice vote by the Board of Directors presen The Board of Directors then held their regular Agenda Session for the November 20th Official Meeting. Board of 'Directors Chamber Little Rock, Arkansas November 20, 1979 - 7:30 P. M. The Board.of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and City Clerk Jane Czech, and the following Directors present: Directors Keith, Langston, Mehlburger, Shackelford and Jones - .total 5; -Absent - .Director Bussey - .total 1. A quorum was declared present, and the proceedings of the meeting are herein recorded as follows: The Invocation was given by Director Mehlburger. Presented first for consideration were the Consent-Items, described as follows: (a) The minutes of the previous meeting held on November 6, 1979. " (b) A Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of. September.,. 1939.. . ,(c) Resolution No. 6,240, - entitled: A RESOLUTION. PROVIDING- FOR�THEiINSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF'LITTLE ROCK FOR THE YEAR 1980; AND FOR-,OTHER PURPOSES: • (d) Resolution No._6,241, entitled: " A RESOLUTION EXTENDING CONTRACT NO. 9014'FOR ADDITIONAL - TRAFFIC SIGNAL IMPROVEMENTS; AND FOR OTHER PURPOSES. By motion of Director Mehlburger, seconded by Director Shackelford, with all Board 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 Comparative Statement of Income Account was received and filed; and (c & d) Resolutions No. 6,240 and 6,241 were read in full and adopted. The following Zoning Petitions, as approved by the Planning Commission, were then presented: Z- 3403.- From Mildred Works to rezone property located at 924 South Taylor Street, described as Lots 5 & 6, Block 5, Perry Heights Addition, from "B" Residence District to "H" Business District. Z -3404 - From Floyd Noble to rezone 6.43 acres of property located at 3501 Mabelvale Pike (long legal description) from "F" Commercial District to "I" Light Industrial District. Z -3405 - By Planning Commission Action to rezone 14 acres designated as Tract A -3, Riverdale Addition, with property vested in Pleasant Valley, Inc., from "F" Commercial and "D" Apartment Districts to "ME -18" Multi - family District. Z -3409 - From Jean F. Cross to rezone 2304 Biscayne Drive, specifically described as Lot 7, Block 20, Bellevue Addition, from "A" One- family District to "F" Commercial District. As there was no one present who wished to speak in opposition to the rezoning of the above - described.properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,748, as follows) Ordinance No. 13,748 -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 after a first reading of the Ordinance,. there was a.motion.from Director Mehlburger, seconded by Director Jones, 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. .A sub- sequent motion was made at this time by Director Mehlburger, seconded by Director Shackelford, for a kk' further suspension of the rules to allow for the third and final reading of the Ordinance. The motion V 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 ensuing roll call vote taken on the passage of the Ordinance received the following response: it I LL _- - NOVEMBER 20, 1979, Cont'd. { Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; it I Noes - None; Absent - Director Bussey - total 1. The Ordinance was therefore, declared PASSED. ' It had been advertised that a Public Hearing would be held in the Board of Directors Chambers, ill City Hall, Little Rock, Arkansas on November 20, 1979 at 7:30 P. M. for the purpose of receiving citizen comments on proposed expenditures of General Revenue Sharing Funds. Mayor Hubbell then it I' announced that the Public Hearing was open and invited persons desiring to speak to come forward. There urJa was no one present who wished to speak regarding Revenue Sharing Fund expenditures and Mayor Hubbell declared the Public Hearing closed. Ii I The next presentation was a Petition from Fausett & Company and First Pyramid Life Insurance }'I III Company, requesting the vacating and closing of the portion of Hardin Road from Hermitage Road to a �I point 430' north of Hermitage Road in the City of Little Rock, Arkansas, with the Petition having I received the approval of the Planning Commission. Attached to the Petition was a letter from the Little',IE Rock Abstract Company certifying to the last apparent owners of record; and also a certified copy of �I 1. the plat of West Highland Subdivision, as recorded in the Office of the Circuit Clerk and Ex _ Officio Recorder of Pulaski County, Arkansas. (See Resolution No. 6,242 below, setting the date of Public Hearing on December 4, 1979) Resolution No. 6,242 was presented, with the title being: Ii 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 HARDIN ROAD, WEST HIGHLAND SUBDIVISION IN THE CITY OF LITTLE ROCK, ARKANSAS; and there was a complete reading of the Resolution. A motion then followed from Director Shackelford, seconded by Director Jones, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - i {, total 6; Noes - None; Absent - Director Bussey - total 1. There was another Petition presented from Fausett & Company, First Pyramid Life Insurance Company, et al, asking that all that portion of Nason Road lying north of Hermitage Road in West Highland Sub- . division in the City of Little Rock, be vacated, abandoned and closed. The request had received the approval of the Little Rock Planning Commission. Attached to the Petition was a communication from the Little Rock Abstract Company certifying to the last apparent owners of record; and also a certified copy I of the plat of West Highland Subdivision in Little Rock, Arkansas, as recorded in the Office of the Pulaski County Circuit Clerk and Ex- Officio Recorder. (See Resolution No. 6,243 setting the date for Public Hearing on December 4, 1979) There was presented Resolution No. 6,243, entitled: i RESOLUTION OF THE BOARD OF DIRECTORS OF THE-CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF i HEARING ON THE PETITION TO VACATE A PORTION OF NASON ROAD, WEST HIGHLAND SUBDIVISION IN THE CITY OF ({! LITTLE ROCK, ARKANSAS; ri N (Also referred to as "Mason Road ") which Resolution was read in full; and thereafter adopted -upon motion of Director Shackelford, seconded by Director Jones, and the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger,�,' Shackelford, Mayor Hubbell and Director Jones - total 6; - Noes - None; Absent - Director Bussey total 1. A communication from City Manager Carleton E. McMullin was next presented, advising the October 23, h 1979 Planning Commission's 'recommendation that a 20 ft. unnamed street lying along the north boundaries of Lots 4 and 5, West Highland Subdivision in Little Rock, Arkansas be vacated, abandoned and closed, { pursuant to,Arkansas State Statute Sec. 19- 2304, 1947 annotated. It was the opinion of the Planning Commission that this closure should be accomplished in order to clean up the area for a proper re- platting. Attached to the communication was a plat of the West Highland Subdivision to the City of - A NOVEMBER 20, 1979, Cont'd. Little Rock, Arkansas, and the list of abutting property owners,were also attached. (See Resolution No. 6,244 as follows, setting the date for.Public,Hearing on December 4,.1979) Introduced at.this time was Resolution No. 6,244, described as: , A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF HEARING TO VACATE AND CLOSE AN UNNAMED STREET IN WEST HIGHLAND SUBDIVISION IN.THE CITY OF LITTLE ROCK, ARKANSAS; which Resolution was read in its entirety. There was a motion from Director Shackelford, seconded by Director Jones, that the Resolution be adopted. A roll call was taken which adopted the Resolution as herein recorded: Ayes - Directors.Keith, Langston,. Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Director Bussey was enrolled. Ordinance No. 13,749 was presented, 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; DECLARING AN EMERGENCY AND FOR OTHER.PURPOSES; and there was a first reading of the Ordinance. Upon question by several Board Members, City Manager Carleton E. McMullin explained that the combined four ordinances levying privilege taxes to be paid by the utility companies for the year 1980, would increase the residential users monthly charge by only ninety -eight cents (98G). A motion followed from Director Mehlburger that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Shackelford, 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 Ordinance was read the second time. A subsequent motion then suspended the rules and provided for the third and final reading of the Ordinance, with the motion being made by Director Mehlburger, again seconded by Director Shackelford, and adopted by un- animous 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 the third and-last reading_of the Ordinance, an Aye and No Vote was taken on the question, Shall the Ordinance Pass, with,the response being as follows: Ayes - Directors Langston, Mehlburger, Bussey., Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director. Keith - total 1; Absent -None. The Emergency Clause contained in Section 4 of the foregoing Ordinance was, at this time, read and adopted by the following vote: Ayes - .Directors Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Bussey - total 1; Absent.- None. It was announced that the Ordinance, together with the Emergency Section had PASSED. The next matter to be considered was Ordinance No. 13,750, containing the following title: 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 1980; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY 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 Shackelford, 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; after which a motion was made by Director Hussey, seconded by Director Shackelford,_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 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 Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith - total 1; Absent - II j N44 20 .19.79 .Cont1d. The Emergency Section contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith - total 1; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. Ordinance No. 13,751 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 1980; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance, followed by a motion from Director Shackelford to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Jones, adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or i 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 Shackelford 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, and the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Langsto�,�j Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith total 1; Absent - None. The Emergency Clause contained in Section 5 of the foregoing Ordinance was read and then submitted to a roll call vote whereby it was adopted as herein described: Ayes - Directors Langston, Mehlburger, 41 Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith - total 1; ICI Absent - None. The Ordinance, together with the Emergency Section, was declared PASSED. Vi At this point, Ordinance No. 13,752 was presented, with the title being: AN ORDINANCE-LEVYING A PRIVILEGE TAX UPON THE LITTLE ROCK MUNICIPAL WATER WORKS; AUTHORIZING PASSING ON SAID TAX TO RESIDENT WATER CONSUMERS; AND DECLARING AN EMERGENCY; which Ordinance was read the first time. There was a motion which followed from Director Bussey, seconded by Director Mehlburger, 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. At this time, the rules were again suspended to allow for the third and final reading of the Ordinance by:iti ! a motion made by Director Bussey seconded by Director Shackelford, and unanimously adopted by the.Board Members present; being-seven in number and two-thirds or more fof'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 • I passage of the Ordinance and resulting as follows: Ayes - Directors Langston, Mehlburger, Bussey, I Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith - total 1; Absent None. i The Emergency Section contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Langston, Mehlburger, Bussey, Shackelford, Mayor i+ Hubbell and Director Jones - total 6; Noes - Director Keith - total l; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. i A proposed Ordinance had been filed by the Wastewater Utility of the City of Little Rock, to amend',1 Ordinance No. 13,109 fixing rates for services rendered. Director Langston made a motion that a Public Hearing be set on December 4, 1979, at the Board of Directors Regular Meeting, to hear persons desiring' I to address the issue. The motion was seconded by Director Bussey and adopted by unanimous voice vote of !jf the members of the Board of Directors present. Therefore, the Public Hearing was set on the above - IfI IIII Vlj mentioned date. Another proposed Ordinance was filed by the Little Rock Municipal Water Works which would establish i I NOVEMBER 20, 1979, Cont'd.. a schedule of rates for the Water Works. Again, Director Langston made a motion that a Public Hearing be set on December 4, 1979, at the Board of Directors Regular Meeting, to hear persons speaking for and against the Ordinance. Director Bussey seconded the motion which was adopted by unanimous voice , vote of the members of the Board of Directors. A proposed Resolution had been placed on the official agenda entitled: A RESOLUTION CHANGING THE NAME OF VEGA DRIVE TO EMERY DRIVE. Opposition to changing the name to Emery Drive was presented by Mr. Leo M. Tracy of 6217 Vega Drive. The Board of Directors then agreed to defer the proposal for two weeks. Therefore, no action was taken. There was presented Ordinance No. 13,753, described as: AN ORDINANCE AMENDING SECTION 39 -122 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS TO PROVIDE FOR THE MANNER IN WHICH BICYCLES AND MOPEDS OR MOTORIZED BICYCLES .MAY BE PARKED; AND FOR OTHER PURPOSES; and the Ordinance was read the first time; after which there was a motion made and seconded by Directors Keith and Bussey, 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 seven in number and two- thirds or more of the members of the Board of Directors - elect; whereupon there was a second reading of the Ordinance. Director Shackelford then made a motion, seconded by Director Bussey, 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 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 on the passage of the Ordinance, resulting as herein described: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Accordingly, it was then announced that the Ordinance had PASSED. i The next matter to be considered was Ordinance No. 13,754, entitled:. AN ORDINANCE GRANTING THE WRECKER SERVICE FRANCHISE'FOR WRECKER SERVICE WITHIN THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; 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 Bussey, seconded by Director Shackelford, 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, there was a sub- sequent motion by Director Bussey that the rules again be suspended and the Ordinance be placed on third and final reading. Director Mehlburger seconded the motion, 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. 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, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 4 of the foregoing Ordinance was read and then submitted to a roll call vote whereby it was adopted as herein described: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance and Emergency Section, were declared PASSED. IN Mr. Nathaniel Hill, Director of Human Resources, advised the Board of Directors that immediate 1111111 0 action should be taken to avoid additional expense in the purchase of property adjacent to the East Little Rock Community Complex, where a junk yard is proposed. Mr. Hill explained that funds can be reprogrammed from Community Development Block Grant First Year Street Improvement Program to Model Cities Land Acquisition. Resolution No. 6,245 was then presented with the title being: oe NOVEMBER 20, 1979, Cont'd. A RESOLUTION AUTHORIZING THE LAND ACQUISITION -MODEL CITIES EAST PROJECT AS A NEW ACTIVITY FOR THE FIRST YEAR CDBG PROGRAM; AUTHORIZING THE ACQUISITION OF REAL PROPERTY ADJACENT TO THE EAST LITTLE ROCK COMMUNITY COMPLEX; AUTHORIZING THE REPROGRAMMING OF $47,377.00 FOR THE ACQUISITION OF THE PROPERTY; 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 Bussey, and by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was brought to the attention of the Board of Directors by City Manager Carleton E. McMullin, that in the event the electorate approves the issuance of bonds under Amendment No. 49, at the special election held today, for a slack water harbor at the Little Rock Port (election held November 20, 1979), it will be necessary for the Board to pass an ordinance levying the tax so it can be certified to the County Clerk by November 26th, in order to have the tax extended for collection for the year 1980. Since the results of the election (held today) were not yet available, Mayor Hubbell announced and no meeting was held.) Under "Citizen Communications ", Mr. Charles Prince of the American Commuter Express in North Little Rock, requested that he be permitted to enter Little Rock from the Broadway Bridge for pick -up and delivery of passengers, traveling south on Broadway to 4th Street, down 4th Street to Cumberland Street, and north down Cumberland Street back to North Little Rock. It was agreed by Board Members that this matter be placed on the December 4, 1979 Official Agenda. Mr. Porter Walls, 3921 Barrow Road, advised that a ditch on Barrow Road needs to be opened so that it can take the water after heavy rains. He also said there are dead trees in the area that need to be removed. Mayor Hubbell requested that Mr. Walls meet with the City Manager to determine what can be done to alleviate the problem. 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, the meeting was adjourned at 8:15 o'clock P. M. to meet again in regular session on Tuesday, December 4, 1979 at 7:30 o'clock P. M. ATTEST: ��� / 'r7L � � `/ APPROVED: City Clerk Mayor that the Board will convene in the new cafeteria at the Airport on Friday, November 23rd at 4:15 P. M., before the Board of Directors leave for the meeting of the National League of Cities, to pass the ordinance levying this tax. (Note: The matter was defeated by a vote of 2,433 for the issuance of the bonds and 7,731 against the issuance of the bonds. Therefore, the Board did not convene at the Airport and no meeting was held.) Under "Citizen Communications ", Mr. Charles Prince of the American Commuter Express in North Little Rock, requested that he be permitted to enter Little Rock from the Broadway Bridge for pick -up and delivery of passengers, traveling south on Broadway to 4th Street, down 4th Street to Cumberland Street, and north down Cumberland Street back to North Little Rock. It was agreed by Board Members that this matter be placed on the December 4, 1979 Official Agenda. Mr. Porter Walls, 3921 Barrow Road, advised that a ditch on Barrow Road needs to be opened so that it can take the water after heavy rains. He also said there are dead trees in the area that need to be removed. Mayor Hubbell requested that Mr. Walls meet with the City Manager to determine what can be done to alleviate the problem. 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, the meeting was adjourned at 8:15 o'clock P. M. to meet again in regular session on Tuesday, December 4, 1979 at 7:30 o'clock P. M. ATTEST: ��� / 'r7L � � `/ APPROVED: City Clerk Mayor 232 I� i Board of Directors Chamber hLittle Rock, Arkansas December 4, 1979 - 7:30 P. M. The Board of Directors of the City'of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Langston, Mehlburger, Shackelford and Jones - total 5; Absent - Director Bussey - total 1. A quorum was declared to be in attendance, and the proceedings of the meeting are recorded as follows: The Invocation was given by City Attorney Jack Magruder. The first presentation was a Resolution, No. 6,246, commending Mr. Mahlon A. Martin, entitled: A RESOLUTION COMMENDING MAHLON A. MARTIN FOR HIS SERVICE TO THE CITY OF LITTLE ROCK, ARKANSAS; (Former Deputy City Manager) and after a complete- reading of the Resolution, there was a motion by Director Mehlburger, seconded by Director Shackelford, for the adoption of the Resolution. A roll call- was taken and the Resolution was III` subsequently adopted as herein described: A'ye's - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Consent Agenda was presented next, consisting'of the following items: (a) The Minutes of the previous meeting held on November 20, 1979. ' (b) Resolution No. 6,247, entitled: A RESOLUTION EXPANDING THE BOUNDARIES OF THE WOODRUFF SCHOOL CDBG NEIGHBORHOOD; AND FOR'OTHER PURPOSES. (c) Resolution No. 6,248, with the title being: 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) (d) Resolution No. 6,249, containing the following title: A RESOLUTION NAMING A PARK LOCATED IN THE CITY OF LITTLE ROCK.IN HONOR OF THE LATE HOWARD THOM, AND. FOR OTHER PURPOSES. (e) Resolution No. 6,250, described as: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR DEMOLITION OF CONDEMNED STRUCTURES; AND FOR OTHER PURPOSES. (f) Resolution No. 6,251, entitled: A RESOLUTION REPROGRAMMING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $21,000.00 FROM THE FIFTH YEAR CDBG REHABILITATION PROJECT TO THE FIFTH YEAR DEMOLITION l OF ABANDONED STRUCTURES PROJECT; AND FOR OTHER PURPOSES. (g) Resolution No. 6,252, with the title being: A RESOLUTION APPROVING AND ADMITTING AMENDMENTS TO THE PENSION PLAN FOR NON - UNIFORM EMPLOYEES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. I' (h)- Resolution No. 6,253, containing the following title: -- RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE ARKANSAS EMPLOYMENT SECURITY DIVISION FOR TRAINING FOR PARTICIPANTS IN THE SKILLS TRAINING IMPROVEMENT PROGRAM; AND FOR OTHER PURPOSES. By a.Motion from Director Shackelford, seconded by Director Jones, 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; and (b, c, d, e, f, g and h) Resolution Nos. 6,247, 6,248, 6,249, 6,250, 6,251, 6,252 and 6,253, were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - 9I total 6; Noes - None; Absent - Director Bussey - total 1. i ; 1 233 4, 1979, Cont'd. �IDECEMBER Presented at this time was Ordinance No. 13,755, with the following caption: III AN ORDINANCE GRANTING A FRANCHISE TO CHARLES PRINCE A /K /A AMERICAN COMMUTER EXPRESS TO OPERATE ' BUSES ON CERTAIN STREETS IN THE CITY OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES; (South on Broadway to 4th Street; East on 4th Street to Scott Streets; North on Scott Street back to North Little Rock) II which Ordinance was read the first time. A discussion ensued in which Director Mehlburger made a !! ,., motion that "the ordinance be tabled until the next Board Meeting." The motion was seconded by Director Jones. Director Mehlburger's reason for deferral was to enable the Transit Policy Board, which oversees i Central Arkansas Transit, to review the request. Upon being advised by Mayor Hubbell that the Board of Directors would have to ratify the franchise ordinance in two weeks, Director Mehlburger withdrew the i motion, with Director Jones withdrawing the second. Director Mehlburger then advised that he had heard that Mr. Charles Prince of American Commuter Express and Mr: Charles Ward of Conway, had been trying to sell buses to CAT adding, "I don't think the Board is getting the full story. What is going on ?" Mr Prin ce, who was present, sai d M r. War d had co ntac t ed Co un ty Ju d ge Be a umont, but w as attempting g to , j ' assist CAT in obtaining new buses. A motion then followed from Director Keith that the following route be inserted in the franchise ordinance: "South on Broadway to 4th Street; East on 4th Street to Scott j Street; North on Scott Street back to North Little Rock." Director Langston seconded the motion which was adopted by unanimous voice vote by the Board Members present. There was a subsequent motion made 4I, and seconded by Mayor Hubbell and Director Keith, respectively, "that no fee be charged for the �I franchise." The motion was adopted by unanimous voice vote of the Board Members present. A motion was then made by Director Keith, seconded by Director Langston, 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 presentl 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 was accomplished. The rules were agai�'suspended at this time and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Keith and ICI, �i Langston, 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 passage of the Ordinance with the resulting vote recorded as follows: Ayes - Directors Keith, j Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent Director Bussey - total 1. The Emergency Clause contained in Section 4 of the foregoing Ordinance was, at this time, read I and adopted by the following vote: Ayes — Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. It was, announced that the Ordinance, together with the Emergency Section had PASSED. A request was presented from Mr. Don R. Venhaus, Consultant for Mr. Troy Braswell, asking that they rezoning of the 4900 Block of Mabelvale Pike (Z -3406) be remanded to the Planning Commission for re- consideration as "E -1" Professional Office Use. The Planning Commission had previously denied "F" Commercial Zoning for the property. Director Jones made a motion that the matter be remanded to the Planning Commission, with the motion being seconded by Director Mehlburger and unanimously adopted by the Board Members present. Therefore, the request was complied with and the matter returned to the �I Planning Commission. A Public Hearing had been designated for this time and place by Resolution No. 6,244 for the p purpose of hearing arguments on the action of the Planning Commission to vacate and close an unnamed street lying along the north boundaries of Lots 4 and 5, West Highland Subdivision, under Arkansas Statutes §'-'19-2304, 1947 annotated. In accordance with the requirements, notice of hearing had been duly published on November 23, 1979 and November 30, 1979. At this time, the Public Hearing was II DECEMBER 4, 1979, Cont'd. declared to be open; however, there was no one in attendance who wished to address.the issue, so the Public Hearing was declared closed,and a related Ordinance was placed on first reading. (See Ordinance No. 13,756, as follows) There was presented Ordinance No. 13,756, entitled: AN ORDINANCE VACATING AND CLOSING A STREET RIGHT -OF -WAY LYING ALONG THE NORTH SIDE OF LOTS 4.AND 5 OF WEST HIGHLAND SUBDIVISION; and upon first reading of the Ordinance, there was a motion by Director Langston, seconded by Director Keith, to suspend the rules and place the Ordinance on second reading. The motion having been 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 Ordinance was then read the second time. There was an ensuing motion again made by Director Langston, seconded by Director Keith, that the rules be further suspended to provide for the third and final reading of the Ordinance. The motion was adopt by unanimous vote of the members of the Bo. ard 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 resulte as follows: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes ,None; Absent - Director Bussey - total -1. Whereupon, the Ordinance was declared PASSED. Ordinance No. 13,757 was presented, 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; (Mobile Home Park north of the intersection of Bowman and Colonel Glenn Roads - Court Order dated October 22, 1979) with the Ordinance being read the first time; followed by a motion from Director Keith that the rules be suspended to allow for the second reading of the Ordinance. The motion was seconded by Director Langston, 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 a subsequent motion by Director Shackelford, seconded by Director Jones, that the rules again be suspended and the Ordinance be placed on third and final reading; with the motion being 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 Ordinance was then read the third and last time, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the respond- ing vote being: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was declared PASSED. Ordinance No. 13,758 was considered next, 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; (A square on Dreher Lane, north of Baseline Road - Court Order dated October 22, 1979) and the Ordinance was read the first time; after which there was a motion by Director Keith for a suspension of the rules and the placing of the Ordinance on second reading. The motion was seconded by Director Langston, 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 Shackelford, seconded by Director Jones, to again suspend the rules and place the Ordinance on third and final reading. The motion havin been unanimously adopted by members of the Board of Directors present, being six in number and two -thir 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, Langston, Mehlburgei-, Shackelford, Mayor Hubbell and Director Jones - total 6; V DECEMBER 4, 1979, Cont'd. Noes - None; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared PASSED. There was presented Ordinance No. 13,759, with the title being: 11 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; (5.2 Acres at the intersection of Hardin and Hermitage Roads - Court Order dated October 29, 1979) and after the 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 Langston and un- animously adopted by the Board Members present, being six in number and two - thirds or more of the membe of the Board of Directors - elect; and a second reading of the Ordinance ensued. There was a motion then made by Director Shackelford, seconded by Director Jones, for a further suspension of the rules to permit the third and last 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 - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. It was announced that the Ordinance had PASSED. The next matter to be considered was 'Zoning Petition No. Z -3410, submitted by Mr. A. B. Speights, Agent for Fausett $ Company, requesting the rezoning of property located at the Northwest Corner of Hermitage Road and Hardin Road in the City of Little Rock, described as the Ez of Lots 21 and 28, West Highland Subdivision, from "A" One - family District to "F" Commercial District. The Petition had been approved by the Planning Commission on November 27, 1979. There was no one present to speak in opposi- tion to the proposed rezoning; therefore, a proposed Ordinance was placed on first reading. (See Ordinance No. 13,760 as follows) At this time, Ordinance No. 13,760 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NW CORNER OF HERMITAGE ROAD AND HARDIN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF•ORDINANCES OF THE CITY OF ROCK, ARKANSAS, AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. The rules were then suspended and the Ordinance plac on its second reading by a motion made and seconded by Directors Keith and Langston, 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 second time; after which an ensuing motion was made by Director Shackelford, seconded by Director Jones, 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 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 - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Accordingly, it was announced that the Ordinance had PASSED. Again presented was the request of,Fausett f, Company, to vacate and close a portion of Hardin Road in the West Highland Subdivision to the City of Little Rock, Arkansas, as approved by the Planning Commission. Notice of the Public Hearing which had been designated for this time and place had been published on November 23, 1979 and November 30, 1979. Mayor Hubbell declared the Public Hearing open at ' this time and there was no one present to speak in opposition to the closure. Mayor Hubbell then declar the Public Hearing closed Ordinance to and an close the above - described street was placed on first reading. (See Ordinance No. 13,761 below) Ordinance No. 13,761 was presented, containing the following title: 7 ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS VACATING AND CLOSING A PORTION OF HARDIN'ROAD IN THE WEST HIGHLAND SUBDIVISION TO THE CITY OF LITTLE ROCK. ARKANSAS; DECEMBER 4, 1979, Cont'd. and there was a first reading of the Ordinance, followed by a motion from Director Keith to suspend the I rules and place the Ordinance on its second reading. The motion was seconded by Director Langston, j 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 N, made by Director Shackelford, 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 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, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. The Petition of Fausett $ Company was again presented, requesting the closure of a portion of Nason I� Street (sometimes referred to as Mason Street) in West Highland Subdivision to the City of Little Rock, I lying north of Hermitage Road, as approve& by the Planning Commission. A Public Hearing had been scheduled for this time and place by Resolution No. 6,243, with Notice thereof having been published on November 23, 1979 and November 30, 1979 as required by Law. Mayor Hubbell 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 a portion of the street named above was placed on first read- ing. (See Ordinance No. 13,762 as follows) Introduced at this time was Ordinance No. 13,762, entitled: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS VACATING AND CLOSING A PORTION OF NASON ROAD IN THE WEST HIGHLAND SUBDIVISION 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 Keith, seconded by Director Langston, which was un- animously 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 Shackelford, seconded by Director Jones, for a further suspension of the rules to allow for the third and last 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 1 Directors- elect; and the Ordinance was read the third and last time. The resulting Aye and No Vote I taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, ' Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was declared PASSED. A Public Hearing had been advertised for this time and place, upon the question of issuance of j Act 9 Industrial Development Revenue Bonds for the Wrape Forest Industries, Inc. The public hearing was declared open by Mayor Hubbell, who invited slje'_akers to come forward. There was no one present who I wished to oppose the issue, the public hearing was declared closed and an Ordinance authorizing the I! iissuance of the bonds was placed on first reading. (See Ordinance No. 13,763) it Next presented was Ordinance No. 13,763, with the title being: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A TRUST INDENTURE SECURING THE AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND iiBONDS; WRAPE FOREST INDUSTRIES, INC., AS LESSEE; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING I OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; ' 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 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 again made IG' i DECEMBER 4, 1979, Cont'd. by Director Keith, seconded by Director Shackelford, for a further suspension of the rules to permit the and last reading of the Ordinance at this time, which motion was unanimously adopted by members jthird f 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 I. I I taken on the passage of the Ordinance and described as follows: Ayes - Directors Keith, Langston, I I Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Abstaining - Director Mehlburger - total 1; Absent - Director Bussey - total 1. The Emergency Section contained in Section 11 of the foregoing Ordinance was then read and adopted i' by the following roll call vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Abstaining - Director Mehlburger - total 1; Absent - Director Bussey - total 1. Whereupon, the Ordinance, together with the Emergency Section was declared Ij 1' PASSED. A proposed Ordinance was presented and entitled: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1980 AND ENDING DECEMBER 31, 1980; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS i OF EXPENDITURE THEREIN PROVIDED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Several persons were in attendance who wished to speak pal regarding Budget appropriations for 1980. The first two speakers who are members of ACORN, Mrs. li Margaret McCraney, representing the neighborhood from the Mills Freeway to 12th Street, and Mr. Frank II II Baugh, who represented the Pine Forest Neighborhood, requested more money for recreation, street and drainage improvements and removal of abandoned houses. Mr. Townsend Wolfe, Director of the Arkansas II i Arts Center requested an appropriation of $117,276.00 for 1980, that would include money for the operation of the David D. Terry Mansion, that the Arts Center wants to use as a center for the decor- ative arts. The Budget for 1980 includes an appropriation of $90,000 for the Arts Center. Director dill Shackelford said that she would like appropriations in "one- lump -sum" and then let the operating +l commissions decide upon what programs the funds should be expended. Upon question by Director Jones, I Mr. Wolfe advised, "there is a question in our minds whether all programs at the Arts Center can be ' carried on, unless we can see base expenditures." Regarding the recommended 1980 appropriation for the 16 Library of $70,000, Mrs. Jo Humphrey, 5022 West 65th Street was the first speaker, reminding there is a great need for more money for the Library System which is an essential in the community. Mr. Jim I,I Brandon, President of Friends of the Library requested that the Little Rock support for the Fletcher I'I Branch of the Library be increased to $110,000 for 1980. He contended the recommended appropriation would be a 22% reduction while the Library is faced with a 33% increase in circulation and a 500 increase in requests for reference materials. City Manager Carleton E. McMullin advised the Board of Directors that in 1979, the Library received an allocation of $52,000, plus a nonrecurring (one -time) appropriation of $38,711 for the operation of the Southwest Branch Library, with the proposed $70,000 for 1980 representing a 34% increase over 1979. Mr. Fred Darragh, a member of the Library Board of i Trustees stated the Library received $90,000 last year and they are only requesting $20,000 more for I F 1980. He pointed out the $38,711 received in 1979 was used for the Fletcher Branch, inasmuch as the County Judge and Quorum Court provided funds for the Southwest Branch. Director Jones suggested that j requests be made for one specific amount and not funding for special programs. Mr. E. Jack Murphy, Assistant City Manager for Administration, pointed out that items listed in the Budget in "Category B" are one -time expenditures. The $38,711 appropriation for the Library in 1979, was listed in -that category. Director Mehlburger stated that he was ready to vote on the Budget. With suggestions offer -`l IIl ed to leave the Budget Ordinance on the calendar for second reading, Mayor Hubbell declared that a work session on the 1980 Budget will be held next Wednesday, December 12th, after the regular Agenda . w Session. Therefore, the Ordinance remained on the calendar for second reading. I II DECEMBER 4, 1979, Cont'd A Notice of Public Hearing had been duly published and scheduled for this time and place on an Ordinance fixing rates for services rendered by the Wastewater Utility of Little Rock. Mayor Hubbell declared the Public Hearing open and when there was no one present to speak in opposition, he declared the Hearing closed and the proposed Ordinance was placed on first reading. (See Ordinance No. 13,764, as follows) Ordinance No. 13,764 was presented, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 13,109 FIXING RATES FOR SERVICES RENDERED BY THE WASTEWATER UTILITY OF THE CITY OF LITTLE ROCK, ARKANSAS, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES; 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 Mehlburger and un- animously adopted by the Board Members present, being sixzin` 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 Keith, again seconded by Director Mehlburger, for a further suspension of the rules to permit the third and last reading of the Ordinance at this time; 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 third and last reading of the Ordinance resulted in an Aye and No Vote taken on the passage of the Ordinance and is recorded as follows: Ayes Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - 'Director Bussey -'total -1. The Emergency Clause contained in Section 4 of the foregoing Ordinance was, at this time, read and adopted by the following vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent- Director Bussey - total 1. Whereupon, the Ordinance, together with the Emergency Section, was declared PASSED. Another Public Hearing had been advertised for this time and place on a proposed Ordinance establishing a schedule of rates for the Little Rock Municipal Water Works. Mayor Hubbell then that the Public Hearing was open and invited persons wishing to address the issue to come forward. No one desired to be heard and the Hearing was declared closed and the proposed Ordinance was placed on first reading. (See Ordinance No. 13,766, below) Considered at this time was Ordinance No. 13,765, with the title being: AN ORDINANCE ESTABLISHING A SCHEDULE OF RATES FOR THE LITTLE ROCK MUNICIPAL WATER WORKS AND FIXING THE EFFECTIVE DATE THEREOF; and said Ordinance was read the first time. A motion then followed from Director Keith, seconded by Director Mehlburger, 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 th members of the Board of Directors - elect; and the Ordinance was read the second time. A subsequent motio was made and seconded by Directors Shackelford and Keith, respectively, that the rules again be suspend- ed to provide for the third and final reading of the Ordinance at this time; with the motion being 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, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Emergency Clause contained in Section S of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. It was announced that the Ordinance, together with the Emergency Section had PASSED. Considered at this time was Ordinance No. 13,766, containing the following title: v I] DECEMBER 4, 1979, Cont'd. AN ORDINANCE APPROVING AND ADOPTING AMENDMENTS TO SECTION 2- 23(c), VACATION, SICK LEAVE AND . MILITARY LEAVE, CODE OF ORDINANCES, CITY OF LITTLE ROCK, ARKANSAS; ' The rules were again suspended to allow for the third and final reading of the Ordinance by a subseque motion, again made and seconded by Directors Keith and Mehlburger, respectively, and unanimously adopt 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, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. There was an announcement that the Ordinance had PASSED. Resolution No. 6,254 was presented, entitled: A RESOLUTION CHANGING THE NAME OF VEGA DRIVE TO BITTERSWEET DRIVE; (Filed in connection with the proposal, was a petition signed by property owners on Vega Drive requesting the street be renamed "Bittersweet. ") and the Resolution was read in its entirety. There was a motion by Director Langston that the Reso- lution be adopted. The motion was seconded by Director Keith and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The last Resolution to be considered was No. 6,255, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR ROOF REPAIR AT THE GRANITE MOUNTAIN AND SOUTH LITTLE ROCK RECREATION CENTERS; WAIVING THE REQUIREMENT OF COMPETITIVE BIDDING; AND FOR OTHER PURPOSES; (Contract awarded to A.,W. Hepp Company) and there was a complete reading of the Resolution. A motion was made by Director Shackelford that the Resolution be adopted. The motion was seconded by Director Jones, with the Resolution being adopted by the following roll call vote: Ayes - Directors, Keith, Langston, Mehlburger, Shackelford, M Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Since there was no further business to be presented or to come before the Board of Directors, upon motion by Director Keith, seconded by Director Langston, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:15 o'clock P. M., with the Board of Directors meeting again in regular session on Tuesday, December 18, 1979 at 7:30 o'clock P. M. ATTEST: /�/�/ APPROVED: City Clerk Mayor of 1 i, and -there was a first reading of the Ordinance, followed by a motion from Director Mehlburger to suspe the rules and place the Ordinance on its second reading. The motion was seconded by Director Shackel- ford, 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 subseque motion, again made and seconded by Directors Keith and Mehlburger, respectively, and unanimously adopt 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, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. There was an announcement that the Ordinance had PASSED. Resolution No. 6,254 was presented, entitled: A RESOLUTION CHANGING THE NAME OF VEGA DRIVE TO BITTERSWEET DRIVE; (Filed in connection with the proposal, was a petition signed by property owners on Vega Drive requesting the street be renamed "Bittersweet. ") and the Resolution was read in its entirety. There was a motion by Director Langston that the Reso- lution be adopted. The motion was seconded by Director Keith and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The last Resolution to be considered was No. 6,255, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR ROOF REPAIR AT THE GRANITE MOUNTAIN AND SOUTH LITTLE ROCK RECREATION CENTERS; WAIVING THE REQUIREMENT OF COMPETITIVE BIDDING; AND FOR OTHER PURPOSES; (Contract awarded to A.,W. Hepp Company) and there was a complete reading of the Resolution. A motion was made by Director Shackelford that the Resolution be adopted. The motion was seconded by Director Jones, with the Resolution being adopted by the following roll call vote: Ayes - Directors, Keith, Langston, Mehlburger, Shackelford, M Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Since there was no further business to be presented or to come before the Board of Directors, upon motion by Director Keith, seconded by Director Langston, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:15 o'clock P. M., with the Board of Directors meeting again in regular session on Tuesday, December 18, 1979 at 7:30 o'clock P. M. ATTEST: /�/�/ APPROVED: City Clerk Mayor of 1 i, Board of Directors Chamber Little Rock, Arkansas December 12, 1979 - 9:30 A. M. The Board of Directors of the City of Little Rock, Arkansas met in,a Special Session upon call.by the Mayor, with Mayor Webb Hubbell presiding, and City Clerk Jane Czech, and the following Directors present: Directors Keith, Langston, Mehlburger and Shackelford - total 4; Absent - Directors Bussey and Jones - total 2. 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: "Pursuant to provisions of Section 19 -708, Statutes of Arkansas, 1947 annotated, and to assure compliance with Freedom. of Information laws of this State, pleace accept this as Notice of a Special Called Meeting of the Board.of Directors to be convened at 9:30 a.m., Wednesday, December 12, 1979, in the Board Chambers at City Hall. The purpose of this meeting is to consider the franchise to use City streets granted to American Commuter Express which has been on file for the period of time required by Statute." Mayor Hubbell stated that this Notice had been duly served and acknowledged, and said communication' were received and filed. Ordinance No. 13,767 was presented, entitled: AN ORDINANCE CONFIRMING THE ADOPTION OF ORDINANCE NO. 13,755 AWARDING A FRANCHISE TO CHARLES PRINCE DOING BUSINESS AS AMERICAN COMMUTER EXPRESS; and the Ordinance was read the first time. There was a motion by Director Mehlburger, seconded by Director Shackelford, to suspend the rules and place the Ordinance on second reading. The motion having been 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 ordinance was then read the second time. There was an ensuing motion again made by Director Mehlburger, seconded by Director Shackelford, 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 five 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, Langston, Mehlburger, Shackelford and Mayor Hubbell - total 5; Noes - None; Absent - Directors Bussey and Jones - total 2. ' The Emergency Clause contained in Section 2 of the foregoing Ordinance was, at this time, read and adopted by the following vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford and Mayor Hubbell - total 5; Noes - None; Absent - Directors Bussey and Jones - total 2. It was announced that the Ordinance, together with the Emergency Section had PASSED. There was another Ordinance presented for consideration, No. 13,768, with the title being: AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 39 -IOS OF THE CODE OF ORDINANCES PERTAINING TO (Except parking - in Alleys and PARKING, PARKING VIOLATIONS AND PENALTIES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; at Airport) and after a first reading of the Ordinance, there was a motion by Director Mehlburger to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Mayor Hubbell 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 a second reading of the Ordinance ensued. There was a motion again made by Director Mehlburger, seconded by Director Keith, for a further suspension of the rules to permit the third and last reading of the Ordinance at this time, 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 Vote taken on the passage of the Ordinance and described as follows: Ayes - Directors Keith, Langston, Mehlburger, Shackelford and Mayor Hubbell - total 5; Noes - None; Absent - Directors DECEMBER 12. 1979. Cont'd. Bussey and Jones - total 2. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Shackelford and Mayor Hubbell - total S; Noes - None; Absent - Directors Bussey and Jones — total 2. Whereupon, the Ordinance, together with-the Emergency Section, was declared PASSED. There was no further business to be presented or to come before the Board of Directors, upon motion by Director Mehlburger, seconded by Director Shackelford, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:00 A. M. to meet again in regular session on Tuesday, December 18, 1979 at 7:30 o'clock P. M. ATTEST: 40k APPROVED: City Clerk Mayor 0 Board of Directors Chamber Little Rock, Arkansas IIIIIII ' December 18, 1979 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and City Clerk Jane Czech, and the following Directors present: Di- ectors Keith, Langston, Mehlburger, Bussey and Shackelford - total 5; Absent - Director Jones - total 1, A quorum was declared present and the proceedings of the meeting are recorded as follows: The Invocation was a silent prayer for the fifty American.Citizens being held hostage in Iran. Presented first for consideration was the Consent Agenda, described as follows: (a) The Minutes of the previous meeting held December 4, 1979 and the Special Meeting held December 12, 1979. (b) The Abstract of Votes of the Special Election held November 20, 1979 on the Slack Water Harbor Project. (c) A Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of October, 1979. (d) Resolution No. 6,256, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR REPAIR OF THE RESTROOMS AT HINDMAN PARK; AND FOR OTHER PURPOSES. (e) Resolution No. 6,257, with the title being: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO EMPLOY SPECIAL COUNSEL TO REPRESENT THE CITY IN THE CASE OF LEADERSHIP ROUNDTABLE OF ARKANSAS V. CITY OF LITTLE ROCK, ET AL.: AND FOR OTHER PURPOSES:: By motion of Director Bussey, seconded by Director Mehlburger, with all Board Members present voting Aye, the Consent Agenda was dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors; (b) The Abstract of Votes was received and filed; (c) The Comparative Statement of Income Account was received and filed; and (d $ e) Resolutions No. 6,256 and 6,257 were read in full and adopted. Presented at this time was an Appeal by Mr. Edward 0. Moody, Attorney for David Yarberry (Z -3396) ' of the Planning Commission's denial on the reclassification of 12224 Chicot Road in the City of Little Rock, from "A" One - family District to "I" Light Industrial District. Director Keith made a Motion that the Public Hearing on the Appeal be set for Wednesday, January 2, 1980 at 7:30 .o'clock P. M. The motion was seconded by Director Mehlburger and unanimously adopted by the Board Members present. The following Zoning Petitions, as approved by the Planning Commission, were then presented: Z -3412 - From Linda L. Achterberg to rezone property located at 5809 Big Oak Lane, described as Lot 3, Simmons Subdivision, from "A" One- family District to "F" Commercial District, with the condition that it convert to "C -1" Neighborhood Commercial under the new zoning Ordinance. Z -3413 - From Robert Nixon, Attorney for Union National Bank, to rezone 5.1 acres, more or less, located on the south side of East Roosevelt Road, just west of Lindsey Road (long legal description), from "A" One- family District to "I" Light Industrial District, LESS AND EXCEPT, that portion lying of the levee. Z -3414 - From Basil Copeland, Agent for Arkansas Childrens Hospital, et -.al, to rezone Lots 4, 5, 6, 7, 8, 9 and the South 25.3' of Lot 10, Block 10, Marshall and Wolfe's Addition to the City of Little ' Rock, from !'C" Two - family District to "E -1" Quiet Business District. _ Z- 3050 -A - From Don R. Venhaus, Agent for Philo, Inc. to rezone the North 260' of the E, of Lot 9, Arnold's Highland Acres, from "A" One- family District to "F" Commercial District. V DECEMBER 18. 1979. Cont'd. Z -3415 - From Johnson S. Mattingly, Jr., Agent for South Highland Baptist Church, to rezone Lots 1, 2, 3, 4, 5 and the Wz,of Lot 6 and the N 50 feet of the E-12 of Lot 6 and the N 50 feet of Lots ' 7 and 8, Block 13, R. C. Butler's Addition to the City of Little Rock, from "B" Residence District to "E -1" Quiet Business District. Z -3418 - From Lynn Mayhan, Agent for Billy M. Ford, Pastor of the Calvary Church of Nazarene, to rezone 5924 Woodlawn, described as Lots 3 through 10, Block 23, Lincoln Park Addition to the City of Little Rock, from "D" Apartment District to 11E -1" Quiet Business District. Z -3395 - From John W. Smith, Agent for Mt. Zion Baptist Church, to rezone Lots 7, 8, .9, 10, 11 12, Block 308, Original City, location being the 900 Block of Cross Street, from "C" Two - family Distr to "E -1" Quiet Business District. Z -3410 - From Mr. Burton Speights for Fausett $ Company and Mr. George Flowers, to rezone the W'2 of Lots 21 and 28, West Highland Subdivision to the City of Little Rock, from "A" One - family District to "E -1" Quiet Business District. As there was no one present who wished to speak in opposition to the rezoning of the above- properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,769 VIII as follows) Ordinance No..13,769 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 after a first reading of the Ordinance, there was a motion from Director Mehlburger, 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.0rdinance was then read the second time. A sub- sequent motion was made at this time by Director Bussey, seconded by Director Shackelford, for a furthe 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 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 ensuing roll call vote taken on the passage of the Ordinance received the following response: Ayes Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Il+ Absent - Director Jones - total 1. The Ordinance was therefore, declared PASSED. Ordinance No. 13,770 was presented, entitled: AN ORDINANCE APPROVING AND ACCEPTING.THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF CERTAIN LANDS LOCATED IN SECTION TWENTY -ONE (21) AND TWENTY -TWO (22), TOWNSHIP ONE (1).NORTH, RANGE ELEVEN (11) WEST TO THE CITY OF_LITTLE ROCK IN PULASKI COUNTY, ARKANSAS; (Court Order dated November 5, 1979 - 158 Acres south of the Little Rock Port) with the Ordinance being read the first time; followed by a motion from Director Bussey that the rules be suspended to allow for the second reading of the Ordinance. The motion was seconded by Director Mehlburger, 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 a subsequent motion by Director Bussey, seconded by Director Shackelford, that the total 6; Noes - None; Absent - Director Jones - total 1. The Ordinance was then declared PASSED. In conjunction with the annexation'above, a Zoning Application (No. Z -3407) was presented from 111[111 Mr. Paul Stanfield, Attorney for Arkansas Power $ Light Company, Capital Properties and Thermoking, Iflil Y rules again be suspended and the Ordinance be placed on third and final 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 third and last time, followed by an Aye and No Vote taken on the Shall the Ordinance Pass, the question, with respond- ing vote being: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. The Ordinance was then declared PASSED. In conjunction with the annexation'above, a Zoning Application (No. Z -3407) was presented from 111[111 Mr. Paul Stanfield, Attorney for Arkansas Power $ Light Company, Capital Properties and Thermoking, Iflil Y _ _2411L I � DECEMBER 18, 1979, Cont'd. to rezone 158 Acres south of the Little Rock Port (long legal description), from "A" One - family District to "K" Heavy Industrial District, as approved by the Planning Commission. There was no one present to speak in opposition to the reclassification and the following Ordinance was placed on first reading. There was presented Ordinance No. 13,771, described as: , AN ORDINANCE. RECLASSIFYING PROPERTY LOCATED SOUTH OF THE LITTLE ROCK PORT IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, i AND FOR OTHER PURPOSES; i and after the 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-Mehlburger and un- animously 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 I made by Director Bussey, seconded by Director Shackelford, for a further suspension of the rules to permit the third and last 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 it Vote taken on the passage of the Ordinance and is recorded as follows: Ayes - Directors Keith, Langston, IMehlburger, Bussey, Shackelford and Mayor Hubbell - total.6; Noes - None; Absent -.Director Jones - I total 1. Whereupon, the Ordinance was declared PASSED. At this time, Ordinance No. 13,772 was presented, containing the following title: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK ARKANSAS AND it I MAKING SAME A PART-OF THE CITY OF LITTLE ROCK; (Court Order dated - November 9, 1979 - 8;477 Acres along the I -30 Corridor) 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 Langston, respective- ly, 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 second time; after which an ensuing motion was made by Director Mehlburger, seconded by Director Keith, for a further suspension I 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 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 l and No Vote taken on the passage of the Ordinance is' recorded as follows: Ayes - Directors Keith, f Langston, Mehlburger, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. It was announced that the Ordinance had PASSED. A Report was presented that did not appear on the Official Agenda. The Report was from the IIICommissioners of Sewer Improvement District No. 145 of Little Rock, Arkansas, stating that plans have been formed for improvements within the District with the approval of the Arkansas State Board of Health. The estimated cost of such improvements to be $1,200,000.00. Upon motion by Director Keith, seconded byl Director Bussey and unanimous adoption by the Board Members present, the Report was received and filed. In conjunction with the above - described Report, Resolution No. 6;2.58 was presented, entitled: RESOLUTION APPROVING PLANS AND APPOINTING ASSESSORS IN SEWER IMPROVEMENT DISTRICT NO. 145 OF j LITTLE ROCK, ARKANSAS: i (Truman Nolen, Travis Bailey and Joe Harlan) and the Resolution was read in its entirety. 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, Langston, Mehlburger, Bussey, Shackelford and Mayor Hubbell - � I i total 6; Noes - None; Absent - Director Jones - total 1. ✓�IN , DECEMBER 18. 1979. Cont' The next presentation was Ordinance No..13,773, containing the following title: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGIN- II' NING JANUARY 1, 1980.AND ENDING DECEMBER 31, 1980; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF I EXPENDITURE THEREIN PROVIDED; .DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ij before the second reading of the Ordinance, a discussion was held regarding several appropriations for the coming year. Dr. Richard Baldauf, Director.of the Museum of Science and History.was the first �I speaker. In his presentation, he requested an additional appropriation of $6,000 to be used for a special room for public presentations and $14,000 for the painting of the Old Arsenal Building, for a total of $128,320. The Library's request amounted to $110,348 and the Arts Center had requested $113,276. Director Mehlburger urged the Board to vote for the additional appropriations, while Director Langston reminded of.the Board's announced priorities of crime prevention and drainage control, because Category "B" appropriations would have exceeded the projected revenue by $8,000. In the general ' discussion, the requests of the Museum, Arts Center and Library were reduced in an equal amount of $3,000 each. A motion was then made by Director Mehlburger and seconded by Director Shackelford, "that the Library's request of $110,348 be reduced by $3,000, and $107,348 be appropriated under Category "B" funding; and that the Ordinance be amended to appropriate a total for the Museum of $125,320 which is ' composed of $108,320 in the Operating Budget, plus $6,000 for a special room for public presentations and $14,000 for painting the Old Arsenal Building, which amounts to be reduced by $3,000 for a net of $ 17 000 to be appropriated under Category "B" funding; and that a total of $110,276 be appropriated for Y�I !� the Arkansas Arts Center for 1980.and of this amount, $57,876 is to be included in the Operating Budget M with the remaining portion to be included in Category "B" funds as follows: $33,000 for Neighborhood Arts, $22,400 additional for the Terry Home Maintenance, less a $3,000 reduction for a net of $52,400 (the Terry Home Maintenance figure of $22,400 is in addition to $8,600 which is to be budgeted in the j Operating Budget for that purpose)." A roll call was taken on the motion which was adopted as follows: Ayes - Directors Keith, Mehlburger, Shackelford and Mayor Hubbell - total 4; Noes - Directors Langston II and Bussey - total 2; Absent - Director Jones - total 1. With the motion having been adopted, Vice Mayor /Director Bussey then questioned Mr. Townsend Wolfe, Director of the Arts Center, Dr. Baldauf, l in Director of the Library, the would be ready and Director of the Museum and Ms. Rosemary Mart y, Y willing to assist the City in obtaining a broad base tax in any way possible. They then offered their I'I support of this movement in securing financial growth for the City. The Ordinance, as amended, was thenjl read the second time. A motion followed by Director Mehlburger, seconded by Director Shackelford, that the rules be suspended for the third and final reading of the Ordinance. The motion was adopted by rl the following roll call vote: Ayes - Directors Langston, Mehlburger, Bussey, Shackelford and Mayor Hubbell - total 5; Noes - Director Keith - total 1; Absent - Director Jones - total 1. The Ordinance,11 as amended, was read the third and 'last time. An Aye and No Vote was taken on the passage of the Ordi- nance with the resulting vote herein recorded: Ayes - Directors Langston, Mehlburger, Bussey, Shackel- ford and Mayor Hubbell - total 5; Noes - Director Keith - total 1; Absent - Director Jones - total 1. 1 1 The Emergency Clause contained in Section 9 of the foregoing Ordinance was, at this time, read I I and adopted by the following vote: Ayes - Directors Langston, Mehlburger, Bussey, Shackelford and Mayor 1 �I ,I Hubbell - total 5; Noes - Director Keith - total 1; Absent - Director Jones - total 1. Whereupon, the Ordinance, together with the Emergency Section had PASSED. h A Public Hearing had been designated for this time and place upon the question of issuance of Act 9 Industrial Development Revenue Bonds for Subaru South, .Inc. The Public Hearing was declared open by Ili Mayor Hubbell, who invited speakers to come forward. There was no one present who wished to oppose the issue, the Public Hearing was declared closed and an Ordinance authorizing the issuance of the bonds wasl" placed on first reading. (See Ordinance No. 13,774) lil W DECEMBER 18, 1979, Cont'd. I Next presented was Ordinance No. 13,774; with the title being: VAN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A TRUST INDENTURE SECURING THE ' BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK- ARKANSAS, AS LESSOR, AND SUBARU SOUTH, INC., AS LESSEE; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER i MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; I and said Ordinance was read the first time. A motion then followed from Director Mehlburger, 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 Ordinance was'read the second time. A subsequent motion was made and seconded by Directors Bussey and Keith, respectively, that the rules again be suspended to provide for the third and final reading of the Ordinance at this time; with the motion being 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 Ordi- nance; after which an Aye and No Vote was taken on the passage of the Ordinance which resulted as follows: Ayes - 'Directors Keith, Langston, Mehlburger,'Bussey, Shackelford'and Mayor Hubbell = total 6; Noes - None; Absent - Director Jones - total 1. ' The Emergency Clause contained in Section'12 of the foregoing Ordinance was, at this time, read i { and adopted by the following vote: Ayes'- Directors Keith, Langston, Mehlburger, Bussey, Shackelford r and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Whereupon, the Ordinance, together with the Emergency Section, was declared PASSED. Introduced next was Ordinance No. 13,775, described as: AN ORDINANCE APPROPRIATING $25,000.00 FROM THE ANNEXATION RESERVE'FOR THE PURCHASE OF THE MABEL- VALE FIRE STATION; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Keith, seconded by Director Mehlburger, 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 ensued. A subsequent 'i motion was made by Director Mehlburger to again suspend the rules and place the Ordinance on third and final reading; which 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. 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 resulted as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Mayor Hubbell -"total 6; Noes - None; Absent - Director Jones - total 1. It was announced that the Ordinance had-PASSED. i The next presentation was Ordinance No. 13,776, with the title being: i - AN ORDINANCE APPROPRIATING $4,739.82 FOR THE PAYMENT OF LEGAL FEES IN THE CASE OF GEORGE BYNUM V. CITY OF LITTLE ROCK, ARKANSAS; AUTHORIZING THE PAYMENT OF SAID LEGAL FEES; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. There was a motion made at this time by Director Keith, seconded by Director Mehlburger, that the rules be suspended-and the Ordinance be placed on second f� 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 made by Director Mehlburger, 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 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 „-with the vote being =recorded -as- follows,: —Ay_es Directors _Keith,_Langston,_Mehlburger., - - -- - - _ u DECEMBER 18. 1979 M Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent = Director Jones - total 1. The Ordinance was then declared PASSED. Resolution No. 6,259 was presented, entitled: A RESOLUTION SUPPORTING DEVELOPMENT OF SPECIAL RECREATIONAL FACILITIES AT MURRAY PARK; AND FOR OTHER PURPOSES; (To integrate recreational facilities with those for non - handicapped; incorporates accessible playg within a combination wheelchair and vita - course exercise path) with said Resolution being read in full, and followed by a motion from Director Bussey, seconded by Director Keith, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes-- Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Mayor Hubbell - total 6 Noes - None; Absent - Director Jones - total 1. The next presentation was a proposed Ordinance with the following title: AN ORDINANCE GRANTING A CONDITIONAL FRANCHISE TO DAILEY'S OFFICE FURNITURE COMPANY TO OCCUPY PART OF THE PUBLIC OWNED RIGHT -OF -WAY OF 308 ROCK STREET FOR THE PURPOSE OF ERECTING A CANOPY; PROVIDING FOR THE CONDITION THAT THE CANOPY SHALL BE REMOVED IF THE AREA IS NEEDED BY THE CITY; AND FOR OTHER PURPOSE; with the Ordinance being read the first time. There was a motion by Director Keith, seconded by Direct Mehlburger, 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 ensued. In order to comply with State Law requiring the proposal to remain on file in the Office of City Clerk for one week before passage, there was no motion for further suspension of the rules and the proposed Ordinance re- mained on the calendar for third and final reading on January 2, 1980. Another proposed Ordinance was presented, containing the following title: AN ORDINANCE GRANTING A CONDITIONAL FRANCHISE TO LITTLE ROCK PUBLIC SCHOOL DISTRICT TO OCCUPY PART OF THE PUBLIC OWNED RIGHT OF WAY OF "F" STREET BETWEEN HARRISON AND TYLER STREETS FOR EXPANSION OF EXISTING SCHOOL FACILITIES; PROVIDING FOR REVERSION OF THE FRANCHISE TO THE CITY WHEN NO LONGER REQUI FOR SCHOOL FACILITIES; 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 Mehlburger, 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 subsequently read the second time. There was no motion for suspension of the rules to allow for the third and final reading of the Ordinance, in order that it remain on file in the City Clerk's Office, one week before passage. Therefore, the proposed Ordinance remained on the calendar for third reading on January 2, 1980. There was presented, Resolution No. 6,260, with the following title: A RESOLUTION AUTHORIZING THE SALE OF CERTAIN SURPLUS REAL PROPERTY OWNED BY THE CITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR THE SALE OF SAID PROPERTY; AND FOR OTHER PURPOSES; (Various locations) and there was a full reading of the Resolution; which was thereafter adopted by motion of Director Langston, seconded by Director Bussey, and by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - None. The last Ordinance, No. 13,777, which had not been placed on the Official Agenda, was presented with the title being: AN ORDINANCE ADOPTING THE CODE OF ZONING RULES AND REGULATIONS PREPARED BY THE OFFICE OF COMPREHENSIVE PLANNING, CITY OF LITTLE ROCK, ARKANSAS, AND ESTABLISHING SAME AS CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR ZONING REGULATIONS AND RESTRICTIONS WITHIN THE ZONING JURISDICTION OF THE CITY OF LITTLE ROCK, ARKANSAS: TO PROVIDE FOR THE ADMINISTRATION I DECEMBER 18, 1979, Cont'd. OF SAME AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREOF; TO PROVIDE FOR THE ENFORCEMENT HEREOF; AND FOR.OTHER PURPOSES; (To eliminate the publication of the New Zoning Ordinance in its entirety) and after a first reading of the Ordinance, there was a motion by Director Mehlburger to suspend the ' rules and place the Ordinance on its second reading. The motion was seconded by Director Keith and unanimously adopted by the Board Members present, being sik 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 Keith, seconded by Director Mehlburger, for a further suspension of the rules to permit the third and last 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 being taken on the passage of the Ordinance and recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Therefore,-the Ordinance was declared PASSED. Under "J" Citizen Communications, Mr. Henry W. B. Stanford of 2321 Ringo Street, was the first speaker. He expressed concern regarding unleashed dogs running at -large in the southeast and southwest sections of the City; and, of the parking situation at the Magic Mart Store at 17th F, Main Streets. He ' requested the City Clerk to read a communication from the Manager of the store, explaining the illegal parking occurring at the store. Mr. Jesse L. Thompson who resides at 5005 Conner Street, complained of pot holes in streets at the Pankey Addition having been filled with gravel, and when the rains came, the gravel was washed away. He requested that the holes be filled with the proper materials to prevent washing. Mayor Hubbell referred Mr. Thompson to Mr. Bill Davies, Assistant City Manager of Operations, to assist in correcting the problem. - Mr. Don Chambers residing at 1316 South Fillmore Street, was the last person desiring to be heard. He advised that he appeared at the meeting in support of the Murray Park Resolution,.but requested that the key to the wheelchair lift for the handicapped be available before each public meeting. Mayor Hubbell assured Mr. Chambers that the key would be ava'ilabl'e in the future. Vice Mayor /Director Bussey received congratulations from fellow Board Members on his sixtieth birthday. ' There was a motion at 9:00 P. M. by Director Keith, seconded by Director Langston, and unanimously adopted by Board Members present, to recess to Executive Session for the purpose of discussing personnel. At 10:00 o'clock P. M., the Board of Directors of the City of Little Rock, Arkansas reconvened from Executive Session to Regular Session with Mayor Hubbell presiding and the following Directors answering roll call: Directors Keith, Langston, Mehlburger, Bussey and Shackelford - total 5; Absent - Director Jones - total 1. Mayor Hubbell announced that personnel was discussed with no action being taken. There was no further business to be presented or to come before the Board of Directors and upon motion by Director Keith, seconded by Director Langston, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:05 o'clock P. M. to meet again in regular session on Wednesday, January.2, 1980 at 7:30 o'clock P. M. ATTEST: qAyLe- ` � APPROVED: "0Z City Clerk Mayor ' V/ Board of Directors Chamber Little Rock, Arkansas January 2, 1980 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas-met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Mehlburger, Bussey, Shackelford and Jones - total 6; Absent - None. Mayor Hubbell announced that a quorum was present and the proceedings of the meeting are recorded as follows: - The Invocation was given by Vice Mayor Bussey. The Consent Agenda was presented first, and consisted of the following items: (a) The reading of the Minutes of the previous meeting held December 18, 1979. (b) Resolution No. 6,261, entitled: A RESOLUTION APPOINTING SAMUEL C. POLITE, JR. AS A COMMISSIONER OF TWIN LAKES RECREATION AL AREA IMPROVEMENT DISTRICT NO. 1, AND FOR OTHER PURPOSES. (c) Resolution No. 6,262, with the -title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE PURCHASE OF PICNIC TABLES FOR PARKS; AND FOR OTHER PURPOSES. (d) Resolution No. 6,263, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE PURCHASE OF PARTS AND MAINTENANCE SERVICE, WAIVING THE REQUIREMENT OF COMPETITIVE BIDDING; AND FOR OTHER PURPOSES. (e) Resolution No. 6,264, described as: A RESOLUTION AUTHORIZING THE RENEWAL OF THE CONTRACT WITH GULF OIL CORPORATION FOR TANK WAGON DELIVERIES OF GASOLINE AND PURCHASE OF GASOLINE AND DIESEL FUEL FROM AMERICAN OIL COMPANY; AND FOR OTHER PURPOSES. (f) Resolution No. 6,265, entitled: A RESOLUTION URGING THE ARKANSAS PUBLIC SERVICE COMMISSION TO ESTABLISH A UNIFORM MUNICIPAL FRANCHISE CHARGE OF 4% ON GROSS REVENUES; AND FOR OTHER- PURPOSES. (g) Resolution No. 6,266, with the title being: A RESOLUTION DIRECTING STAFF TO PREPARE REQUESTS FOR PROPOSALS ON RESOURCE RECOVERY TO BE ISSUED TO INTERESTED FIRMS IN THE AREA;-AND FOR OTHER PURPOSES. By motion from Director Mehlburger, seconded by Director Bussey, 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 December 18, 1979 were approved as written and summarized -to the members c the Board of Directors; and (b, c, d, e, f $ g) Resolutions No. 6,261, 6,262, 6,263, 6,264, 6,265 and 6,266 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger., Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes = None; Absent - None. At this point, Mayor Hubbell relinquished the chair to Vice Mayor Bussey for the presentation of Resolution No. 6,267, with the title being: A RESOLUTION AUTHORIZING THE LITTLE ROCK PORT AUTHORITY TO MAKE A SALE OF S0,000 SQUARE FEET OF REAL PROPERTY LOCATED ON THE.NORTHWEST CORNER:OF LINDSEY ROAD AND FOURCHE DAM PIKE TO•WORTHEN BANK AND TRUST COMPANY; AND FOR OTHER PURPOSES; ($2.00 per square foot per Offer and.Acceptance) Before the reading of the Resolution, Mr. Jim Hathaway, Real Estate Broker for the proposed transaction of the purchase of property located at Fourche Dam Pike $ Lindsey Road, by Worthen Bank $ Trust Company, for a branch bank, presented a drawing of the property to Board Members and .Rave a brief history of the V/ JANUARY 2. 1980. Cont'd. proposed purchase of Port Land by Worthen. The first offer on the purchase of 40,000 square feet was made January 13, 1978 at $1.50 per square foot, or a total of $60,000. This offer was rejected by the Port Authority. The current offer is being made on 50,000 square feet at $2.00 per square foot. Mr. Hathaway stated that this offer is a fair and-reasonable price and is a substantially higher price than the average price of land in the Port. The Resolution was then read in.its entirety and after brief discussion, Director Mehlburger made a motion "that the Resolution be adopted and that.the price per square foot in the Offer.and Acceptance be included in the Resolution." The motion was seconded by Director Jones and adopted by the following roll call vote: Ayes - Directors Keith, Langston,.Mehlburg Bussey, Shackelford and Jones - total 6; Noes - None; Abstaining - Mayor Hubbell - total 1; Absent - None. After the adoption of Resolution No. 6,267, Mayor Hubbell continued to preside over.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 Attorney Edward 0. Moody, for Mr. David Yarberry, of the Planning Commission's denial on October 23, 1979 of Petition No. Z -3396, to rezone property described as 12224 Chicot Road, from "A" One- family District to "I" Light Industrial District. Mayor Hubbell declared the Public Hear- ing open and invited those wishing to speak for or against the proposal, to come forward and be heard. There was no one present to speak in opposition but, Attorney Moody spoke for the seller and buyer. He explained there were no objections from the public and there would be no manufacturing;:only small businesses. Mr. Nathaniel Griffin, Director of Comprehensive Planning referred to the proposal as "spo zoning" and advised that the subject property is an appropriate location for single - family use. There was no further discussion, the public hearing was closed and an Ordinance to reclassify the property wa placed on first reading. (See Ordinance No. 13,778 below) There was presented Ordinance No. 13,778, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON CHICOT 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 Keith, seconded by Director Jones, for a suspension of the rules and the placing of the Ordinance on its reading. The motion was unanimously adopted by 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.a subsequent motion was.again made by Director Keith, seconded by Director Jones, 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 - Directors Langston, Mehlburger, Shackelford and Jones - total 4; Noes - Directors Keith, Bussey and Mayor Hubbell - .total 3; Absent.- None. It was announced that the Ordinance had PASSED. Next presented was Resolution No. 6,268, described as: A RESOLUTION ADOPTING A PAY SCHEDULE FOR PERSONNEL OF THE CITY OF LITTLE ROCK FOR THE YEAR 1980; AND FOR OTHER PURPOSES; and after a full reading of the Resolution, there was a motion by Director Shackelford 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 - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. L �1 L—J JANUARY 2, 1980, Contd.. Introduced at this time was Ordinance No. 13,779, with the title being: ,.AN ORDINANCE AMENDING IN PART ORDINANCE #12,856, AS AMENDED, PERTAINING TO EMPLOYMENT, SALARY, AUTHORITY, DUTIES AND RESPONSIBILITIES OF CARLETON E. McMULLIN, AS CITY MANAGER; AND FOR OTHER PURPOSES; (Changing basic salary effective January 1, 1980 to $46,254.00) 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 Shackelford, which was seconded by Director Jones and adopted by unanimous vote of the members of the Board of Directors present, being seven in number ar 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 Jones and Shackelford, 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 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,. Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, III the Ordinance was declared PASSED. 11 Ordinance No. 13,780 was again presented, entitled: AN ORDINANCE GRANTING A CONDITIONAL FRANCHISE TO DAILEY'S OFFICE FURNITURE COMPANY TO OCCUPY PART OF THE PUBLIC OWNED RIGHT -OF -WAY OF,308 ROCK STREET FOR THE PURPOSE OF ERECTING A CANOPY; PROVIDING FOR THE CONDITION THAT THE CANOPY SHALL BE REMOVED IF THE AREA IS NEEDED BY THE CITY; AND FOR OTHER PURPOSE. with the Ordinance being read the third and last time, having been read the first and second times on December 18, 1979. There was no discussion and a,roll call was taken upon the question, Shall the Ordinance Pass, with.the results recorded as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and.Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The next presentation was Ordinance No. 13,781, containing the following title: AN,ORDINANCE.GRANTING A CONDITIONAL FRANCHISE TO LITTLE ROCK PUBLIC SCHOOL DISTRICT TO OCCUPY PART OF THE PUBLIC OWNED RIGHT OF WAY OF "F" STREET BETWEEN HARRISON AND TYLER STREETS FOR EXPANSION OF EXISTING SCHOOL FACILITIES; PROVIDING FOR REVERSION OF THE FRANCHISE TO THE CITY WHEN NO LONGER REQ ' FOR SCHOOL FACILITIES; AND FOR OTHER PURPOSES; and there was a third and final reading of the Ordinance, with the first and second readings having occurred on December 18, 1979. No discussion was had regarding the franchise and a roll call vote was taken on the passage of the Ordinanc6, with the.,outcome described as follows: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7;, Noes - None; Absent - _None. It was announced that the Ordinance had PASSED. Mayor Hubbell then asked if.there was any other business.to be presented or discussed at this time. Director Mehlburger brought to the Board's attention that a Legislative Committee (Sports Study 180 Commission) is studying the possible.,expansion of War Memorial Stadium where some of the Arkansas Razorback football games are played. He.said that he would like to direct the City Manager to write a letter to the Committee advising that the City.will be willing to study problems with parking and traffic around the Stadium if it will encourage expansion of the stadium rather than the building of a new one. Director Mehlburger further stated, "we do not want that stadium relocated outside our City Limits and we will be extremely co- operative." Director Keith requested that a copy of any previous communication relative to the stadium be included with the letter. Director Mehlburger then made .a motion that "the City Manager write the letter to the Committee';' with the motion being seconded by Director Langston, and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mehlburger, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. V 252 JANUARY 2, 1980, Cont'd. At this point, Vice Mayor Bussey read a prepared statement in which he stated that he had centered his attention and thoughts on the development of a-Plan that will provide a more effective and success- ful management system to operate the City. He recommended that all vacant administrative positions be ' frozen until the Report is presented and that-a detailed assessment of each department be made -to ascerta' the needs, strengths, weaknesses, failures and success of the department. In conclusion, helsaid, "if top management does not tangibly improve in'siity days, then the Board must take action to seek new leadership." He then asked the City Clerk to read'a proposed Resolution entitled: "A RESOLUTION DEMAND- ING A STATUS REPORT, TEMPORARILY FREEZING EMPLOYMENT OF PERSONS TO VACANT ADMINISTRATIVE POSITIONS, DIRECTING AN EVALUATION OF CITY MANAGEMENT AND TANGIBLE IMPROVEMENT IN CITY OPERATIONS WITHIN SIXTY j DAYS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES." After the reading of the Resolution, there was adopted. A subsequent notion was made a motion by Director Bussey,_-seconded by Director Mehlburger that the Resolution be/ A discussion iby Director Jones, second -. ensued in which Director Jones stated that the evaluation of the City Manager had been done in executive ed by Director Shackelford, to session and Director Shackelford said the Resolution dealt with specific city employees, mainly the City table the Reso- lution. I Manager, and should be handled in a private executive session. Mayor Hubbell advised that after reading y the Freedom of Information Act, only the appointment, employment and discharge of employees may be I� f discussed in executive session and not personnel matters; personnel matters must be discussed in open jsession. Director Jones questioned since evaluations have been in executive session before, was the ' Board in violation of the Act? Mayor Hubbell advised that his opinion is: "if it is in contemplation of discharge it is not in violation but, if it is not in contemplation of discharge, we should, from now on, have evaluations in open session." Directors.Jones__and Shackelford then agreed to withdraw the motion and second to table the Resolution if discussion or any action be delayed until the next Agenda Meeting. After the withdrawal of the motion to table, Director Jones made a motion, seconded by Director Keith, "to delay the matter until the next Agenda Meeting." The motion was adopted by the following vote: { Ayes - Directors Keith, Langston, Mehlburger, Shackelford; Mayor Hubbell and Director -Jones - total 6; Noes - Director Bussey - total 1; Absent - None. The matter was therefore, delayed until the next Agenda Meeting on January 9th. I` The last item to be presented was a request by Mayor Hubbell that Mr. McMullin, City Manager, place h i the discussion of the "Freedom of Information Act" on the next Agenda. A discussion developed regarding the subject, when Director Keith stated that he understood the letter of reprimand to Patrolman Van ,I Horn, relative to comments at a news conference, was not made available to the Press. Assistant City I Attorney Bob Taylor was in attendance and explained the "Federal Right to Privacy Act." He said there are two sides to the issue: First, the public has a right to know and Second,,a public employee does not go to work expecting to give up'his right to'privacy. It 'was his opinion that the matter should be explored. Upon question by Mayor Hubbell, Mr. Taylor advised that it'was his understanding that Mr. Van Horn opposes the disclosure of the letter: Mayor Hubbell's opinion was that under the State Freedom of Yj Information Act, when a person comes to work', whatever happens, the records are to be made public, and i for this reason, he opposes "holding it back." Mr. Taylor 'said the law may make the letter a public record, but he was not going to agree to release it until he received an opinion from the Attorney General or an order from a Court. He advised that he had requested an Attorney General's opinion about how the Freedom of Information law affects personnel records. After discussion, a motion was made by Director Keith, seconded by Director Bussey, that the matter be postponed until the next Agenda Meeting on January 9th. The motion was adopted by the following roll call vote: Ayes- Directors Keith, " I Langston, Mehlburger, Bussey, Shackelford and Jones - total'6; Noes - Mayor Hubbell - total 1; Absent i ik None. - i I +li JANUARY 2. 1980. Cont'd. With there being no further business to be presented or to come before the Board of Directors, upon motion of Director Bussey, seconded by Mayor Hubbell, and unanimously adopted by the Board Members present, the meeting was recessed at 9:00 o'clock P. M. to reconvene on Wednesday, January 9, 1980 at 8:30 A. M. for the purpose of discussing the Freedom of Information Act. ATTEST APPROVED: v City Clerk Mayor 1 Board of Directors Chamber . , Little Rock, Arkansas January 9, 1980 -,9:25 A. M. IIIIII ' The Board of Directors of the.City,o£ Little Rock, Arkansas reconvened at 9:25 o'clock A. M. from the regular session held January 2nd, for the purpose of discussing the Arkansas Freedom of Information Act and how it relates to executive sessions. Mayor Hubbell presided with the following Directors answering roll call by the City Clerk: Directors Keith, Langston, Bussey and Jones - total 4; Absent Directors Mehlburger and Shackelford - total 2. The discussion opened with City Attorney Jack Magruder presenting copies of "The Arkansas Freedom of Information Act ", with a recommendation that prospective employees be advised that personnel records are open for inspection and that a request for personnel records be filled out in writing. From this, a discussion evolved on how the contents of the Act relates to executive sessions; and, how the Board might "run into problems" if an executive session is held while on retreat at Petit Jean. Mayor Hubbell referred to the Act stating, "executive sessions will be permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplining or resignation of any public officer or employee." City Attorney Magruder suggested this is a factual matter and the Board should ' decide what it is going.to discuss and if it fits in one of those categories, then discuss it in executive session. Director Shackelford enrolled. - „' Discussion followed on evaluation of the City Manager and City Attorney in executive session at Petit Jean. Director Shackelford stated that the rules should be well defined before going into executive session while on retreat. Director Bussey opposed discussing the City Manager while on retreat adding, "let's talk about City Government and workable plans." Director Jones felt the retreat should be taken for its intended.purpose and opposed an executive session at the retreat. Mayor Hubbell expressed the importance of the retreat and urged all the Board Members to attend. A motion was made by Director Keith and seconded by Director Shackelford, "that we go into executive session prior to the retreat to ask personal questions of the City Manager and City Attorney." After further discussion, another motion was made by Director Shackelford and seconded by Director Jones, "that we have evaluation as regularly scheduled in March, of both the City Manager and City Attorney." A roll call was taken on ' the motion by Director Shackelford and is recorded as follows: Ayes - Directors Shackelford and Jones - total 2; Noes - Directors Keith, Langston, Bussey and Mayor Hubbell - total 4; Absent - Director Mehlburger - total 1. The motion having failed, a roll call was then called for on the motion by Director Keith to have an executive session prior to retreat, with the following results: Ayes - Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Noes - Mayor Hubbell - total 1; Absent - Director Mehlburger - total 1. Therefore, the motion by Director Keith was adopted. There was no further business to be presented at this time (10:00 A. M.) and Director Langston made a motion, seconded by Director Jones, that the meeting be recessed -to reconvene in executive session at 1:30 P. M. At 1:30 P. M. the Board of Directors reconvened to recess into Executive Session, with Mayor Hubbell presiding and the following Directors present: Directors Keith, Langston, Mehlburger, Shackel- ford and Jones - total 6; Absent - None. Upon motion by Director Keith, seconded by Director Bussey and unanimous adoption, the Board recessed to Executive Session. a JANUARY 9, 1980, Cont'd. At 2:05 P. M. the Board of Directors reconvened from Executive Session with Mayor Hubbell i presiding and the following Directors present - Directors Keith, Langston, Mehlburger, Bussey, ' Shackelford and Jones - total 6; Absent - None. Mayor Hubbell announced that no formal action was taken in Executive Session and there was no further business to be presented, and upon motion by Director Langston, seconded by Director KeithI+ and by unanimous adoption, the Board of Directors adjourned at 2:10 P. M. to meet again in regular session on Tuesday, January 1S, 1980 at 7:30 o'clock P. M. Vi ^I ATTEST: �� APPROVED: I�I City Clerk Mayor i. II I I� P� I�G VIII �i. it it +I • 'I r.� i 2561 i -- - - -- -- - -- - - - - -- Board of Directors Chamber Little Rock, Arkansas 1 II January 15, 1980 - 7:30 P. M. ' The Board of Directors of the City of Zittle Rock, Arkansas met in regular session with Mayor II Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Absent = Director Mehlburger - total 1. A quorum was declared to be in attendance, -and the proceedings of the meeting are recorded as . Ii j l follows: I Ij The Invocation was given by Director Shackelford. _ 'i The Consent Agenda was the first presentation, consisting of the following items: i (a) The Minutes of the previous meeting held January 2, 1980 and the reconvened meeting held January 9, 1980. I� (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of November, 1979. (c) The Audit Report of the Oakland - Fraternal Cemetery ending October 31, 1979. (d) Resolution No. 6,269, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR LAYING SB -2 BASE MATERIAL AT THE NEW VEHICLE MAINTENANCE FACILITY, FOR THE PURCHASE OF SURVEILLANCE CAMERAS FOR THE LITTLE ROCK FELONY PHOTOGRAPH PROJECT, FOR THE PURCHASE OF FOUR 10,000 GALLON STORAGE TANKS TO BE LOCATED AT THE PUBLIC WORKS FACILITY, FOR THE PURCHASE OF TRAFFIC SUPPLIES FOR THE COMMUNITY SERVICES DEPARTMENT, FOR THE PURCHASE OF TRAFFIC SIGNAL EQUIPMENT POLES AND SIGNALS FOR THE COMMUNITY SERVICES DEPARTMENT; AND FOR OTHER PURPOSES. (e) Resolution No. 6,270, with the title being: jj A RESOLUTION AUTHORIZING AN EXTENSION FOR TWELVE MONTHS OF THE OPTION CONTRACT GRANTED TO EASTVIEW DEVELOPMENT COMPANY, INC. FOR THE PROPERTY LOCATED AT 13TH AND HANGER STREETS; AND FOR OTHER PURPOSES. By a motion from Director Jones, seconded by Director Langston, which was adopted by unanimous voice vote of the Board Members present, (a) The Minutes of the previous meeting held January 2, 1980 and ' the reconvened meeting held January 9, 1980 were approved as written and summarized to the members of the Board of Directors; (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; (c) The Audit Report of Oakland - Fraternal Cemetery was received and filed; and (d $ e) Resolution Nos. 6,269 and 6,270 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - IItotal l 6; Noes - None; Absent - Director Mehlburger - total 1. V At this time, Mayor Hubbell announced that he had received a letter from Director Donald Mehlburger, I Position No. 3, submitting his resignation from the Board of Directors. Director Bussey made a motion that the resignation be accepted. The motion was seconded by Director Shackelford and unanimously adopted by the Board Members present. The following Zoning Petitions, as approved by the Planning Commission, were then presented: Z -3417 - From Sam Reynolds, et al, to rezone property on Barton Street at West Markham Street, described as that part of Lot 13, Block 1, Capitol View Addition, lying south and west of the west right- , of -way line of West Markham Street, from "R -2" Single - family District to "R -5" Urban Residence District. - �i Z -3419 - From Steve Freeman, Agent for Bishop -Wood Insurance, to rezone the N/W Corner of Shackle- ford Road at Beverly Hills Drive (long legal description), from "R -2" Single - family District to 110 -3" General Office District. JANUARY 15; 1980, Cont'd. Z -3424 - From Arkansas Psychiatric Clinic to rezone 14.11 acres on Rainwood Road-between Napa Valley and Hinson Loop Road (long legal description), from "R -2" Single - family District to 'IMF-1211 ' Multi- family District. Z -3425 - From Terry Moore, Agent for Mr. $ Mrs. Jake Brown and the Christian Science Foundation Church, to rezone 11.07 acres located at the S/E Corner of Markham Street and I -430 (long -legal description) from "R -2" Single - family District to 110 -2" Office and Institutional District. As there was.no one present who wished to speak in opposition to the rezoning of the above- described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,782 as follows) Ordinance No. 13,782 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 after a first reading of the Ordinance, there was a motion from Director Shackelford, seconded by 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 ensuing roll call vote taken on the passage of the Ordinance received the following response: Ayes Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - None; Position No. 3 Vacant. The Ordinance was therefore, declared PASSED. On May 15, 1979 a Zoning Petition (Z -3330) from Mr. Raymond Branton, Architect for the First Church of God, was presented to rezone West 83rd Street described as the W, of Tract 13, Arnold's Highland Acres, from "A" One- family District to 'IMF-1211 Multi - family District, as approved by the Planning Commission on April 24, 1979. The transaction was being handled by McKay and Company and referred to as "Pine Tree Properties. ". Opposition was presented at the meeting and the proposed Ordinance was left on the calendar for second reading. On June 5, 1979, the Ordinance was read the second and third times ' and.again, opposition was presented. The proposed Ordinance failed to pass by a roll call vote of 0 Ayes and 7 Noes. Subsequently, the applicants filed a suit in.Court seeking to rezone the property as approved by the Planning Commission, with the Court ruling in favor of the Commission's decision and the applicants/ request. Therefore, the matter was placed back on the Agenda to set a date for a Public Hearing and presentation of the Ordinance to rezone the subject property. Director Keith made a motion that a Public Hearing be set on February 5, 1980 to again, consider this rezoning. The motion was seconded by Director Bussey and UNANIMOUSLY ADOPTED by the Board Members present. A proposed Ordinance was presented; containing the following title: AN ORDINANCE AMENDING SUBSECTION "(A)" OF SECTION 2 -25 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS TO PROVIDE THAT JANUARY FIFTEENTH, THE BIRTHDAY OF MARTIN LUTHER KING, JR. SHALL BE OBSERVED AS A HOLIDAY BY THE CITY; EXPRESSING THE DESIRE OF THE -BOARD THAT THE STATEMENT OF MANAGE- MENT POLICY OF THE CITY OF LITTLE ROCK BE AMENDED TO PROVIDE THAT EMPLOYEES SHALL ALSO RECEIVE JANUARY FIFTEENTH AS A PAID HOLIDAY; AND FOR OTHER PURPOSES; Director Jones, to suspend the rules and place the Ordinance on its second reading. The motion was realized that all City holidays are not consistent with State and Federal• holidays but, she would like 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 was made at this time by Director Keith, seconded by Director Jones, 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 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 ensuing roll call vote taken on the passage of the Ordinance received the following response: Ayes Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - None; Position No. 3 Vacant. The Ordinance was therefore, declared PASSED. On May 15, 1979 a Zoning Petition (Z -3330) from Mr. Raymond Branton, Architect for the First Church of God, was presented to rezone West 83rd Street described as the W, of Tract 13, Arnold's Highland Acres, from "A" One- family District to 'IMF-1211 Multi - family District, as approved by the Planning Commission on April 24, 1979. The transaction was being handled by McKay and Company and referred to as "Pine Tree Properties. ". Opposition was presented at the meeting and the proposed Ordinance was left on the calendar for second reading. On June 5, 1979, the Ordinance was read the second and third times ' and.again, opposition was presented. The proposed Ordinance failed to pass by a roll call vote of 0 Ayes and 7 Noes. Subsequently, the applicants filed a suit in.Court seeking to rezone the property as approved by the Planning Commission, with the Court ruling in favor of the Commission's decision and the applicants/ request. Therefore, the matter was placed back on the Agenda to set a date for a Public Hearing and presentation of the Ordinance to rezone the subject property. Director Keith made a motion that a Public Hearing be set on February 5, 1980 to again, consider this rezoning. The motion was seconded by Director Bussey and UNANIMOUSLY ADOPTED by the Board Members present. A proposed Ordinance was presented; containing the following title: AN ORDINANCE AMENDING SUBSECTION "(A)" OF SECTION 2 -25 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS TO PROVIDE THAT JANUARY FIFTEENTH, THE BIRTHDAY OF MARTIN LUTHER KING, JR. SHALL BE OBSERVED AS A HOLIDAY BY THE CITY; EXPRESSING THE DESIRE OF THE -BOARD THAT THE STATEMENT OF MANAGE- MENT POLICY OF THE CITY OF LITTLE ROCK BE AMENDED TO PROVIDE THAT EMPLOYEES SHALL ALSO RECEIVE JANUARY FIFTEENTH AS A PAID HOLIDAY; AND FOR OTHER PURPOSES; V and the Ordinance was read the first time. A discussion ensued in which Director Shackelford said she realized that all City holidays are not consistent with State and Federal• holidays but, she would like to urge the City to include the birthday of Dr. King as a legal City holiday. Director Langston question- ed the effect an added holiday would have on holidays for the firemen and policemen. Assistant City Ip Manager of Administration, Mr. E. Jack Murphy, advised that if the holiday is approved, holiday pay for firemen amd,policemen would need to be.increased from 61z days to 7% days, in order for holidays for both i V JANUARY 15. 1980; Cont'd. uniform and non - uniform employees to be equal Director Langston then made a motion that - "police and fire extra holiday pay be increased from 6i to 72 days. "•::% The motion was - seconded by Director Shackel- ford and submitted to the following roll call vote: Ayes - Directors Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes,- Director Keith - total 1; Absent - None; Position No. 3 Vacant. With the adoption of the amendment to the proposed Ordinance, the question of the cost o this added holiday arose and Director Langston stated that "this is a very good day for a holiday but, I would like to get a cost breakdown therefore, I will not vote to suspend the rules." A subsequent motion was then made by Director Shackelford, seconded by Director Jones, that the rules be suspended and the Ordinance be placed on second reading. A roll call was taken on the motion with the response recorded as follows: Ayes - Directors Bussey, Shackelford, Mayor Hubbell and Director Jones - total 4; Noes - Directors Keith and Langston - 2; Absent - None; Position No. 3 Vacant. With the suspension o the rules having failed, Mayor Hubbell then requested Mr. Murphy to provide the cost information on an additional holiday for the next Agenda Meeting, and the Ordinance remained on the calendar for second reading. Introduced next was Ordinance No. 13,783, described as: 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. 14S OF LITTLE ROCK, ARKANSAS; , with there being a first reading of the Ordinance. It was stated that the Notice of the Filing of Assessment of Benefits had been duly published as required by Law. Mayor Hubbell then invited.those present in opposition to the Ordinance, to come forward and be heard. There was no one present to oppose the proposal and a motion followed from Director Keith, seconded by Director Bussey, 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 ensued. A subsequent motion was made by Director Langston to again suspend the rules and place the Ordinance on third and final reading; which 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. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - None; Position No. 3 ' Vacant. Therefore, the Ordinance was declared PASSED. Resolution No. 6,271 was presented, entitled: A RESOLUTION APPROVING SALARY INCREASES FOR THE JUDGES, CLERKS, PROBATION OFFICERS, AND THE COURT REPORTER OF THE LITTLE ROCK MUNICIPAL COURT; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. There was a motion by Director Keith that the Resolution b adopted. The motion was seconded by Director Langston and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones total 6; Noes - None; Absent - None; Position No. 3 Vacant. A Public Hearing had been designated for this time and place regarding the 6th Year Community Development Block Grant Program. Mr. Nathaniel Hill, Director of Human Resources gave a presentation on some of the sixth year recommendations. In the Oak Forest Area, it was recommended that the program include rehabilitation loans and grants to control deteriorating of housing with from $200,000 to $450,000 to fund the project. In the Woodruff School Area, Community Use Area Improvements at a cost ' of $40,000 was explained by Mr. Hill which, in general would close Johnson Street between 6th and 7th Streets, thus connecting the Woodruff School Grounds with the Boys' Club Campus to create a five square block area which would provide outdoor recreation facilities for the use of neighborhood residents. He pointed out that setting funds aside for this project is in no way approving or committing the Board to the closing of Johnson Street. +Then, if Johnson Street is closed, funds would be available to implement JANUARY 15, 1980, Cont'd. the project. If not, then the funds will be reprogrammed. The other project that was discussed was the South Little Rock Area Drainage Improvements between Ringoiand•Fulton Streets and West 29th and 28th Streets at a cost of $117,000.= 'Mrs. Erma Hendrix, Chairperson for the Southwest Little Rock Neighbor- hood Committee invited Board Members to meet with the Committee to hear input with reference to the paving of 31st Street. Mr. Ron Newman, Administrator for the Capitol Zoning District requested that $50,000 be appropriated from CDBG Funds to be used for mid -block street lighting in the Capitol Zoning District. Mr. Jimmy L. Grigsby of 3221 West 7th Street, voiced'opposition to the possible closing of Johnson Street to provide recreational facilities for the residents in the Woodruff School Area. Mr. Jim Powell spoke in favor of closing Johnson Street by saying, "this is one of the best things that coul happen and would provide -a park and beautification of the neighborhood. Mayor'Hubbell suggested that Mr. Hill take the comments received tonight and hold another public hearing on February 19th at which time, a vote on the program will be taken. Upon question by Director Jones, a resident in the Woodruff School Area advised that some of the residents are for the closing of Johnson Street and some are against. There was no further discussion and Mayor Hubbell declared the Public Hearing closed. Three proposed Ordinances amending the Taxicab Ordinance and Section 23 of the Code of Ordinances, had been placed on the Official Agenda. Mayor Hubbell announced that these Ordinances would•not be considered and the matter deferred until the next Agenda Meeting on January 30, 1980. A proposed Resolution was presented, with the title being: A RESOLUTION DEMANDING A STATUS REPORT, TEMPORARILY FREEZING EMPLOYMENT OF PERSONS TO VACANT ADMINISTRATIVE POSITIONS, DIRECTING AN EVALUATION OF CITY MANAGEMENT AND TANGIBLE IMPROVEMENT IN CITY OPERATIONS WITHIN SIXTY DAYS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Resolution was-again read in its entirety, having also been read on January 2, 1.980. Mr. Willax Johnson, 7900 West 32nd Street advised that he has no plans to file as a candidate for City Director and urged the adoption of the Resolution. Vice Mayor- Director Bussey made a statement in which he said, "I want to clear up the false impression that Charlie Bussey is trying to run City Hall, trying to abolish jobs. The City is going to fall by default unless they look at this reorganization plan. It is probably a good plan but at present it is working a hardship on some people and is going to cost the City money. If we do not pass this, I will not be responsible for what happened to this City sixty days from today." Director Keith told Board Members that he was for the spirit of the Resolution but, not the letter, because it does get into management adding, "I am hopeful that the City Manager Form of Government will prevail." Director Langston felt that he could not vote for the Resolution at this time, because of some of the wording in Sections 2 and 4. Mayor Hubbell stated that he could not support the Resolution because the Board agreed at Petit Jean, to do what the Resolution,says.1 Mayor Hubbell stated that a motion by Director Bussey and seconded by Director Mehlburger was made at the January 2, 1980 Board Meeting to adopt the Resolution. He then requested a roll -call vote on the adoption of the Resolution which is recorded as follows: Ayes - Director Bussey - total 1; Noes - Directors Keith, Langston, Mayor-Hubbell and Director-Jones.- total 4; Abstaining - Director. Shackel- ford - total-1; Absent - None; Position No. 3 Vacant. Consequently, the Resolution was not adopted. A Resolution that did not appear on the Official Agenda,-No. 6,272, was considered next and contained the following title: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO GRANT AN EASEMENT TO THE YWCA; (The N15' of the E259.41.of Tract F., University Park. Educational Recreational Facilities at 12th$ Cleveland Streets) ' and there was a complete reading of the Resolution. A motion was made by Director Keith that the Resolution be adopted. The motion was seconded by Director Jones, with the Resolution being adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - None; Position No. 3 Vacant. 260 - L JANUARY 15, 1980, Cont'd. Another matter not appearing on the Official Agenda was Ordinance No. 13,784, entitled:_ AN ORDINANCE AMENDING ORDINANCE NO. 13,774, PASSED AND APPROVED ON THE,I8TH DAY OF DECEMBER, . 1979, PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE,BONDS;. AUTHORIZING A GUARANTY AGREEMENT IN CONNECTION THEREWITH; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND ' DECLARING AN EMERGENCY; (The Subaru South P & S Project), and after a first reading of the Ordinance, there was a motion by Director Keith to suspend the rules 'i and place the Ordinance on its second reading. The motion was seconded by Director Langston and un- animously adopted by the Board Members present, being six in number and two - thirds or more of the members j of the Board of Directors - elect;, and a second reading of the Ordinance ensued. There was a motion II again made by Director Keith, seconded by Director Shackelford, for a. further suspension of the rules to permit the third and.last 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 I 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 6rdinance.:and described as follows: Ayes - ,- Directors,Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6;, .Noes - None; Absent - None; Position No. 3 Vacant. , � The Emergency Section contained in Section 5 of the foregoing.Ordinance was then read and adopted I I by the following roll call vote: Ayes - Directors Keith, Langston,,Bussey, Shackelford, Mayor Hubbell i and Director Jones - total 6; Noes - None; Absent - None; Position No. 3 Vacant. Whereupon, the i' Ordinance, together with the Emergency Section was declared PASSED.. At 8:45 P. M. Mayor Hubbell announced a short intermission and at 9:00 P. M., the Board of Directors reconvened in the Board Chambers with the six Board Members answering roll call. . Mayor Hubbell stated that he had received a list of twenty -five persons desiring to fill.the.vacancy II created by Director Mehlburger's resignation. He said there will,be five or six,selected from the list with one being chosen Friday, January 18, 1980 and announced at 2:OO,P. M. A discussion followed on whether the selection of the five or six should be made in open meeting or executive session. Director Keith then made a motion, seconded by Director Langston, that.selection be made in executive, session. A roll call was taken on the motion with the response being: Ayes - Directors Keith, Langston, Shackel- for and Jones - total 4; Noes - Director Bussey and Mayor Hubbell - total 2; Absent - None; Position !I No. 3 Vacant. With the adoption of the motion, the Board then recessed, at 9:10.P. M. to. executive �f session to select five or six persons to be considered for.the vacancy. At 10:30 P. M. the Board of Directors reconvened from Executive Session in the Board Chambers with Mayor Hubbell presiding and the following Directors answering roll call: Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Absent ,- None; Position No. 3 Vacant. ` Mayor Hubbell announced that the following persons had been chosen as finalists: Mr. Byron R. i Morse, Mr. Walter Nunn, Mr. Richard Robertson, Mr. Richard Yada and Mr. Ray Fureigh. He further stated I� Ithat the Board will interview the five in a public session,Friday, beginning at.11:30 A. M., with the final choice being announced at 2:00 P,. M. Y j With there being no further business to be presented or to come before the meeting, upon motion by Director Bussey, seconded by Mayor Hubbell, and unanimously adopted by the.Board Members present, the " meeting was recessed at 10:32 P. M. to reconvene Friday, January 18, 1980 at 11:30 o'clock A. M. for the I purpose of interviewing the five final applicants for-Position No. 3. ATTEST: 9 APPROVED: I Alow ' "'000� City Clerk Mayor y Board of Directors Chamber �I Little Rock, Arkansas I January 18, 1980 - 11:50 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened at 11:50 o'clock A. M. �I from regular session held January 15, 1980 for the purpose of interviewing five applicants for II i Position No. 3, vacated by the resignation of Director Donald Mehlburger. The applicants to be inter- viewed were: Mr. Byron R. Morse, Mr. Ray Fureigh, Mr. Richard Yada, Mr. Walter Nunn and Mr. RichardI( Robertson. Mayor Hubbell presided and the following Directors answered roll call by City Clerk Jane 1'I Czech. Directors Keith, Langston, Vice Mayor Bussey, Directors Shackelford and Jones - total 5; it Absent - None; Position No. 3 Vacant. l +, A quorum was declared to be present and following is an account of the proceedings: �II' Mayor Hubbell asked each applicant a series of questions prepared by members of the Board of 1u Directors and then allowed each Director to ask specific questions. .After the series of questions, Director Keith requested an executive session to discuss the applicants behind closed doors but, a ' vote was taken and resulted as follows: Ayes - Directors Keith, Vice Mayor Bussey and Director Langstonll total 3; Noes - Mayor.Hubbell, Directors Shackelford and Jones - total 3; Absent None; Position No. 3 Vacant. With the vote for an executive session having failed, written.nominations were submitted I for first and second choice as follows: Ili � I Director Keith Mr. Morse and Mr. Fureigh I I Director Langston Mr. Yada and Mr. Morse y Vice Mayor Bussey Mr. Fureigh and Mr. Morse tl Director Shackelford Mr. Nunn i Mayor Hubbell Mr. Morse and Mr. Robertson Director Jones Mr. Yada and Mr. Nunn A roll call was taken on the nominations with the response being: For Mr. Morse - Directors Langston, Ili Bussey, Keith and Shackelford - total 4; then, Mayor Hubbell and Director Jones voted to make the decision to name Mr. Morse unanimous. Mayor Hubbell then announced that Mr. Byron R. Morse had been fli named to Position No. 3 vacated by Mr. Donald Mehlburger. There being no further business to be considered, upon motion by Director Keith, seconded by III � Director Langston, the Board of Directors adjourned at 2:45 o'clock P. M. to meet again in regular session on Tuesday, February S. 1980 at 7:30 o'clock P. M. III III ATTEST: APPROVED: L. E ^�I I City Clerk Mayor �I, II i NOTE: Circuit Judge Richard B. Adkisson administered Oath of Office to Director Morse at 12:00 Noon, January 21, 1980. Oath filed in the Office of City Clerk. 1i I �II II �IIIII v .262 I Board of Directors Chamber Little Rock, Arkansas -• January 30, 1980 - 9:30 A. M. i i The Board of Directors of the City of Little Rock, Arkansas met in a Special Session upon call I by the Mayor, with Mayor Hubbell;presiding,.and City Clerk Jane Czech, and the.following Directors were present: Directors Keith, Langston, Morse, Shackelford and Jones - total 5;, Absent - Director. h Bussey - total 1. I� There being a quorum present and:it being so announced, the following proceedings : are -recorded as follows: The Notice. of Call of the Special Meeting as.presented to each of the members of the.Board of Directors and filed in the Office of the City Clerk is as follows: j"Pursuant to.,authority.of.Section 19- 708(c), Arkansas Statutes 1947 annotated, . please accept this as notice of a special meeting of the Board of Directors to be in the Board Chamber, City Hall, on the 30th day of.January, 1980, at 9:30 A. M., to be held for the purpose of considering appointments to various Boards.and Commissions."..! Due to the fact:that.only appointments were to be•made and there.were no citizens present to speak regarding appointments, the Mayor recessed the meeting until:2:00 P. M. in:.order to hold a work session on Agenda.Items which included three topics for lengthy discussion.. � i At 2:10 o'clock P. M. the Board of Directors reconvened in the Board Chamber with Mayor Hubbell I I I� presiding and the following Directors answering roll call by the City Clerk: Directors Keith, Langston, Morse, Shackelford and Jones — total 5;.. Absent - .Director Bussey - total 1. a After the declaration of the presence of a quorum, there was a motion by Director - Keith, seconded I by Director Shackelford, that the.Board convene in executive session to discuss;appointments. A roll call was taken and recorded as follows: Ayes - Directors Keith, Morse and.Langston - total 3; Noes - Mayor Hubbell and Directors Shackelford and Jones - total 3; Absent - Director Bussey - total 1. After review and discussion on resumes from persons interested in serving.on�Boards.and Commissions, Resolution No:•6,273 was presented, entitled: f A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ELECTRICAL EXAMINING BOARD, THE-BOARD OF ADJUSTMENT, THE CITY BEAUTIFUL COMMISSION, CENTRAL ARKANSAS LIBRARY SYSTEM, AND.THE TRANSIT POLICY jBOARD; (Electrical Examining. Board.�— William E. Blazer,.Jr. and Anderson Hodges; Board of Adjustment.- Ellis i I Walton, William Ketcher and James.C. Summerlin; City.Beautiful Commission - Lynn.P.owell; Central, Arkansas Library System - Joan Newell and Mrs. Mary.Ross Thomas; Transit Policy Board - Director.John Langston) and there was a complete reading of the Resolution. A motion followed from Director Keith that.the I Resolution be adopted. The motion was seconded by Director Langston, with the Resolution being adopted I by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell I� and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1: There was no further business to be presented or to come before the Board of Directors and upon motion by Director Shackelford, seconded by Director Jones, and by unanimous vote of the Board Members present, the meeting was adjourned at 3:15 P. M. to meet again in Special Session at 7:30 o'clock P. M., 1 this date (January 30, 1980) to consider cable television. ATTEST: ���A,��j APPROVED: �I City Clerk Mayor I I � It I iJ Board of Directors Chamber Little Rock, Arkansas January 30, 1980 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in a Special Session upon call by the Mayor, with Mayor Webb Hubbell presiding and the following Directors present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; Absent - None.. Mayor Hubbell announced that a quorum was in attendance, and the meeting therefore proceeded as herein recorded. The following Notice of Special Meeting was signed by each Board Member and filed in the Office of the City Clerk: "Pursuant to authority of Section 19- 708(c), Arkansas Statutes 1947 annotated, please accept this as notice of a special meeting of the Board of Directors to be in the Board Chamber, City Hall, on the 30th day of January, 1980, at 7:30 P. M., to be held for the purpose of considering cable television." The Board of Directors decided to call this Special Meeting.as a public hearing to hear comments from the original sim bidders and any other interested persons who wished to speak. (The original franchise awarded to Midwest American Cable Company was defeated in a referendum held January 22, 1980.) The following persons were present to speak to the issue: Lynn Wahl, Larry Behnke, William S. Miller, J P. A. Hollingsworth, Herb Coleman, Ted Skokos, Phil Kaplan, Monroe.M. Rifkin, G. R. Morrell, Howard Love Jerry D. Lindauer, H. Maurice Mitchell, Bill Peel, Elena Hanggi, Rod Warner, Walter Hussman, Jr., W. H. Sutton, Gil Strackbein, Jim Woods, Janet Oaks, Kaneaster Hodges, Jr., and Bob Hulen. Comments from the various speakers were heard for approximately one and one -half hours with the majority en- couraging the Board of Directors to consider the original bids. Officials of four companies - Little Rock Cable Television, Inc., CPI of Little Rock, Inc., Riverside Cable TV, Inc., and Cablecom of Little Rock, Inc., said they would stick by their original bids submitted October 16, 1978. At this point, Mayor Hubbell called for a ten minute recess. At 9:30 P. M. the Board of Directors reconvened in the Board Chamber with Mayor Hubbell presiding and calling the roll in the absence of the City Clerk. The following Directors were present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; Absent - None. A lengthy discussion ensued among Board Members. Director Langston said, from what he sees, the citizens of the City of Little Rock, which right now are more important, are saying, "we want to watch the movies and sports on cable television as quickly as we can." The way he interprets the cable television issue, there are three separate choices: first, choose from the bids previously submitted; second, allow the previous bidders to modify their bids; and third, completely reopen bidding. His considerations were these: re- opening or modifying bids will necessarily take more time; would require time to submit bids, time to evaluate bids by our staff or a consultant and time to choose among the new bids after they are submitted. He was fearful of the outside possibility that because of double digit inflation during 1979, all new or modified bids even if they were bid by an economist, would possibly or probably be higher that those submitted in December of 1978. He further stated, "if we completely re- open the bids, I don't believe it would be fair to the six companies that previously submitted bids, worked hard, laid them on the table, and all of a sudden, allow anyone and everyone to come in and sub- mit a bid adding, "therefore, Mr. Mayor, I now move that the Board award the Cable TV Franchise from among the six bids previously submitted." Director Jones said, "I'll second that motion for all the reasons Director Langston has just stated." Lengthy discussion followed on the motion. Director Bussey stated that cable television is a vehicle that will serve the community well and will save the taxpayers money, by the City operating cable television and requested Director Langston to include that in his motion. Various.other proposals were mentioned such as an Act 9 Bond Issue suggested by Director Keith. 264 p January 30, 1980, Cont'd. Mayor Hubbell then asked Director Langston, "John, as I understand your motion, you are asking that Y we award the franchise to one of the six original bidders and that they stand on their original bids IY I within the framework of the existing ordinance that was passed." Director Langston agreed, with j Director Shackelford commenting, "that's what I wanted to be said." At this point, Director Morse I ' j called for the question, with Director Keith saying, "this is a straw vote and is not binding or any- thing." Mayor Hubbell called the roll in the absence of the City Clerk, which is recorded as follows: Ayes - Directors Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Directors Keith and Bussey - total 2; Absent - None. Mayor Hubbell announced that Director Langston's motion had been adopted and then a discussion followed on the procedure to be followed in the awarding I . of the franchise. Mayor Hubbell proposed that the Board of Directors hear presentations from the six i � companies Tuesday night, February Sth and read the Ordinance at least twice; if the Board wants to call a Special Meeting, then it can do so, but if the Board Members want to wait until the regularly scheduled I I meeting (February 19th) they can do so. The Mayor said, "we will make that decision Tuesday night." I Director Langston requested that a voting procedure on the franc hise be worked out.that is mutually + I V acceptable to all members of the Board. Mayor Hubbell advised that he would propose the procedure to i be followed between now and Friday (February 1st), for the selection of a_company. With there being no further business to be presented or to come before the meeting, upon motion , I' by Director Keith, seconded by Director Langston, and unanimously adopted by the Board Members present, the meeting was adjourned at 10:30•P. M. until the next regular meeting to be held Tuesday, February 5, I I 1980 at•7:30 o'clock P. M. ATTEST: �„{�/ APPROVED: l City Clerk Mayor I I j II I �I �j I I i i I I ij !i I I I) i I. i1 i i II i ii I I � I I JI J� i Board of Directors Chamber Little Rock, Arkansas February 5, 1980 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Morse, Bussey and Jones - total 5; Absent Director Shackelford - total 1. A quorum was declared to be present and the meeting therefore, proceeded as herein described: The Invocation was given by Director Jones. Director Shackelford was enrolled. Mayor Hubbell requested at this point in the meeting, that former Mayor and Director Donald Mehlburger and his family who were present, to come forward. He then presented Mr. Mehlburger with a self - portrait which previously hung in the City Advertising and Promotion Commission Office. The presentation was made in recognition of his service on the Board, the Commission and various other City service boards. Cable television. (c) The Financial Report of the City of Little Rock for the year ended December 31, 1979. (d) Resolution No. 6,274, entitled: THE RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR STREET IMPROVEMENTS AT GRANITE MOUNTAIN, CENTRAL LITTLE ROCK AND WOODRUFF SCHOOL AREA; FOR THE PURCHASE OF A STREET PLANER FOR THE DEPARTMENT OF COMMUNITY SERVICES FOR PUBLIC WORKS; FOR THE PURCHASE OF THREE MOTORCYCLES AND TWO THREE WHEELED VEHICLES FOR THE POLICE DEPARTMENT; FOR PURCHASE OF AUTOMOBILE BATTERIES; FOR ANNUAL CONTRACT FOR OIL AND LUBRICANTS; FOR ANNUAL CONTRACT FOR VEHICLE FILTERS; FOR PURCHASE OF POLICE AND FLEET VEHICLES, WRECKER AND GAS TANK TRUCK; AND FOR OTHER PURPOSES. (e) Resolution No. 6,275, with the title being: A RESOLUTION WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR BUSING SERVICE FOR THE CITY OF LITTLE ROCK SUMMER RECREATION PROGRAM TO THE LITTLE ROCK SCHOOL DISTRICT; AND FOR OTHER PURPOSES. (f) Resolution No. 6,276, containing the following title: A RESOLUTION WAIVING THE REQUIREMENT OF COMPETITIVE BIDDING; RENEWING THE CONTRACT WITH SPURLING OF ARKANSAS, FOR THE MAINTENANCE OF A SPURLING BURGLAR AND FIRE ALARM SYSTEM OWNED BY THE CITY OF LITTLE ROCK FOR TWELVE MONTHS; RENEWING THE OPTION TO RENEW WITH SPURLING OF ARKANSAS FOR AN ADDITIONAL TWO YEARS; AND FOR OTHER PURPOSES. (g) Resolution No. 6,277, described as: A RESOLUTION AMENDING RESOLUTION NO. 5,736 TO CORRECT EXPIRATION OF TERMS OF MEMBERS APPOINTED TO THE BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES. (h) Resolution No. 6,278, entitled: A RESOLUTION DESIGNATING THE CITY OF LITTLE ROCK AS THE MANAGEMENT AGENCY FOR LITTLE IIIIII ROCK AREA NON. -POINT SOURCE SECTION OF THE 208 PLAN, AND FOR OTHER PURPOSES. (i) Resolution No. 6,279, with the title being: A RESOLUTION ENDORSING PLAN X(10) OF THE U. S. CORPS OF ENGINEERS FOR FOURCHE BASIN FLOOD CONTROL, RECOGNIZING A COMPROMISE WHICH WOULD ALLOW A SMALL AMOUNT OF CHANNELIZATION IN THE BASIN DEVELOPMENT, AND FOR OTHER PURPOSES. V/ The Consent Agenda was considered next, consisting of the following items: �I (a) The Minutes of the previous meeting held January 1S, 1980, the reconvened meeting held January 18, 1980 and the Special Meeting held January 30, 1980. (b) The Abstract of Votes cast in the Little Rock Special Election held January 22, 1980 on Cable television. (c) The Financial Report of the City of Little Rock for the year ended December 31, 1979. (d) Resolution No. 6,274, entitled: THE RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR STREET IMPROVEMENTS AT GRANITE MOUNTAIN, CENTRAL LITTLE ROCK AND WOODRUFF SCHOOL AREA; FOR THE PURCHASE OF A STREET PLANER FOR THE DEPARTMENT OF COMMUNITY SERVICES FOR PUBLIC WORKS; FOR THE PURCHASE OF THREE MOTORCYCLES AND TWO THREE WHEELED VEHICLES FOR THE POLICE DEPARTMENT; FOR PURCHASE OF AUTOMOBILE BATTERIES; FOR ANNUAL CONTRACT FOR OIL AND LUBRICANTS; FOR ANNUAL CONTRACT FOR VEHICLE FILTERS; FOR PURCHASE OF POLICE AND FLEET VEHICLES, WRECKER AND GAS TANK TRUCK; AND FOR OTHER PURPOSES. (e) Resolution No. 6,275, with the title being: A RESOLUTION WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR BUSING SERVICE FOR THE CITY OF LITTLE ROCK SUMMER RECREATION PROGRAM TO THE LITTLE ROCK SCHOOL DISTRICT; AND FOR OTHER PURPOSES. (f) Resolution No. 6,276, containing the following title: A RESOLUTION WAIVING THE REQUIREMENT OF COMPETITIVE BIDDING; RENEWING THE CONTRACT WITH SPURLING OF ARKANSAS, FOR THE MAINTENANCE OF A SPURLING BURGLAR AND FIRE ALARM SYSTEM OWNED BY THE CITY OF LITTLE ROCK FOR TWELVE MONTHS; RENEWING THE OPTION TO RENEW WITH SPURLING OF ARKANSAS FOR AN ADDITIONAL TWO YEARS; AND FOR OTHER PURPOSES. (g) Resolution No. 6,277, described as: A RESOLUTION AMENDING RESOLUTION NO. 5,736 TO CORRECT EXPIRATION OF TERMS OF MEMBERS APPOINTED TO THE BOARD OF ADJUSTMENT; AND FOR OTHER PURPOSES. (h) Resolution No. 6,278, entitled: A RESOLUTION DESIGNATING THE CITY OF LITTLE ROCK AS THE MANAGEMENT AGENCY FOR LITTLE IIIIII ROCK AREA NON. -POINT SOURCE SECTION OF THE 208 PLAN, AND FOR OTHER PURPOSES. (i) Resolution No. 6,279, with the title being: A RESOLUTION ENDORSING PLAN X(10) OF THE U. S. CORPS OF ENGINEERS FOR FOURCHE BASIN FLOOD CONTROL, RECOGNIZING A COMPROMISE WHICH WOULD ALLOW A SMALL AMOUNT OF CHANNELIZATION IN THE BASIN DEVELOPMENT, AND FOR OTHER PURPOSES. V/ 266''' i FEBRUARY 5, 1980, Cont'd.. 'I By a motion from Director Bussey, seconded by Director Keith, which was adopted by unanimous voice vote i of the Board Members present, (a) The Minutes of the previous meeting held January 15, 1980, the w reconvened meeting held January 18, 1980 and the Special- Meeting held January 30, 1980 were approved jas written and summarized to the members of the Board of Directors; (b) The Abstract of Votes cast in , I the Little Rock Special Election held January 22, 1980 were received and filed; (c) The Financial Report j of the City of Little Rock for the year ended December 31, 1979 was received and filed; and (d, e, f, g, if h $ i) Resolution Nos: 6,274, 6,275, 6,276,_6,277, 6,278 and 6,279 were read in full and adopted_by-the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None.. A Public Hearing had been set for this time and place (see January 15, 1980 Minutes) to consider the rezoning of the Wi of-Tract 13, Arnold's Highland Acres, located on West 83rd Street (Z- 3330), from "R -2" Single - family District to "MF -12" Multi - family District. The petition was originally filed by Pinetree Properties, Inc. (McKay and Company), as approved by the Planning Commission on April 24, 1979. After the zoning was - denied by the Board of Directors on June 5, 1979, due to much.opposition by surround ing property owners, a suit was filed in -the Chancery Court. The Court Decree states that the City was arbitrar y, ca p ricious and unreasonable in not granting the 'IMF-1211 zoning... Subsequently, McKay and Company requested that an ordinance zoning the subject property be placed on the February S, 1980 Agenda, The City Clerk notified property owners within 200 feet of the tract as required by law. Mayor Hubbell declared the Public Hearing open and Mr. David Henry, Attorney for McKay and Company, again presented the request for 'IMF-12" zoning, reminding that the Court had restrained the City from interfering with the 'IMF-1211 which is the highest and best use for the property. Mr. O.L. Scogin, 6415 Tulip Road and Mr. J. K. Williams, 6424 -Tulip Road, residents of Cloverdale spoke in opposition to the - rezoning of the property, citing increased traffic, further flooding problems and decrease in property values. There was no further discussion, Mayor Hubbell declared the Public Hearing closed and the proposed Ordinance to rezone the property was placed on first reading. There was presented a proposed Ordinance, with the title being: 1 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON WEST 83RD 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 Keith, seconded by Director Langston, 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 I I members of the Board of Directors - elect; and the Ordinance was then read the second time. A subsequent motion-was made at this time by Director Shackelford, seconded by Director Jones, for a further sus- pension 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 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 ensuing roll call vote taken on the passage of the Ordinance received the following response : - Ayes - Director Morse - total 1; Noes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Absent - None. Mayor Hubbell therefore, announced that the Ordinance had FAILED TO PASS. Presented for consideration at this time was Ordinance No. 13,785, entitled: AN ORDINANCE APPROPRIATING $48,000.00 FROM THE UNENCUMBERED BALANCE OF THE GENERAL FUND FOR THE CONTINUATION OF THE HOUSING DEMOLITION PROGRAM; APPROPRIATING FUNDS, ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE LAYING OF ASPHALT AT THE NEW VEHICLE MAINTENANCE FACILITY; f AND FOR OTHER PURPOSES; which Ordinance was read the first time. A motion followed from Director Bussey, seconded by Director gill HII, FEBRUARY S, 1980, Cont' Shackelford, 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 Jones and Shackelford, 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. An Aye and No Vote was then taken on the passage of the Ordinance with the resulting vote recorded as follows: Ayes - Directors Keith, Langston, Morse, Bussey Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 13,786, containing the following title: AN ORDINANCE APPROPRIATING FUNDS FROM BUDGET CATEGORIES "B" AND "C" FOR SPECIAL PROJECTS, PROGRAMS AND CAPITAL EQUIPMENT, 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 Keith, seconded by Director Bussey., which was unanimous adopted by the Board Members present, being seven in number and two - thirds or more of the members of th Board of Directors - elect. There was a second reading of the Ordinance, and a subsequent motion from Director Keith, again seconded by Director Bussey, for a further suspension of the rules to allow for the third and last 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 resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors-Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Ordinance No. 13,787 was presented, entitled: AN ORDINANCE CONFIRMING THE AUTHORIZATION OF A TRUST INDENTURE SECURING INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND THE AUTHORIZATION OF A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND SUBARU SOUTH P $ S INC., AS LESSEE; AUTHORIZING AND PRESCRIBING OTHER MATTERS of the Ordinance following. A subsequent motion was made by Director Jones, seconded by Director Morse, for a further suspension of the rules and that 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 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 question, Shall the Ordinance Pass, with the vote being recorded herein as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section S of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. L PERTAINING THERETO; AND DECLARING AN EMERGENCY; and the Ordinance was read the first time. There was a motion made at this time by Director Shackel- ford, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect, with the second readi of the Ordinance following. A subsequent motion was made by Director Jones, seconded by Director Morse, for a further suspension of the rules and that 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 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 question, Shall the Ordinance Pass, with the vote being recorded herein as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section S of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. L FEBRUARY S, 1980, Cont'd. The next presentation was Ordinance No. 13,788, described as: AN ORDINANCE AMENDING SUBSECTION "(A)" OF SECTION 2 -25 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS TO PROVIDE THAT JANUARY FIFTEENTH, THE BIRTHDAY -OF MARTIN LUTHER KING, JR. SHALL BE OBSERVED AS A HOLIDAY BY THE CITY; EXPRESSING THE DESIRE OF THE BOARD THAT THE STATEMENT. OF MANAGE- MENT POLICY OF THE CITY OF LITTLE ROCK BE AMENDED TO PROVIDE THAT EMPLOYEES SHALL ALSO RECEIVE JANUARY FIFTEENTH AS A PAID HOLIDAY; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first-time on January 15, 1980. A motion was made by Director Shackelford to suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Jones, and adopted by unanimous vote.of the 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. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Directors Keith and Morse - total 2; Absent - None. There was an announcement that the Ordinance had PASSED. Resolution No. 6,280 was presented, entitled: . A RESOLUTION PROVIDING FOR COMPENSATION OF EMERGENCY SERVICES PERSONNEL WHEN THE CITY MANAGER DECLARES A HOLIDAY; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. There.was a motion by Director Bussey that the Resolution be adopted. The motion was seconded by Director Langston and the Resolution was adopted by the follow- ing roll call vote: Ayes - Directors Keith,.-Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - .None; Absent - None. At this time, Mr. Don R. Venhaus, a-Consultant, presented a petition signed by 4384persons in the area of Rodney Parham and Shackleford Roads, requesting that a temporary traffic signal.be installed at that location until the widening of Rodney Parham Road begins. Mr. Venhaus was advised that a traffic signal at this intersection is scheduled for completion by the end of March. The next matter to be considered was Resolution No. 6,281, containing the following title: A RESOLUTION MAKING APPOINTMENTS TO THE LITTLE ROCK PLANNING COMMISSION, THE BOARD OF ADJUSTMENT AND REAPPOINTMENTS TO THE LITTLE ROCK SAFETY COMMISSION; AND FOR OTHER PURPOSES; (Planning Commission - Jack Taylor; Board of Adjustment - Richard Yada; Little Rock Safety Commission - Ms. Marilyn Carrico, Clarence Horn and Miss Gladys Post) and there was a complete reading of the Resolution. A discussion ensued regarding the filling of vacancies on the three commissions. In regard to the Planning Commission, Director Jones brought to the Board's attention that the Team Four Report recommends that the membership of the Planning Commission be reduced from eleven members to nine. Director Shackelford commented that Mr. Nathaniel Griffin, Director of Community Services, said this would be a good time to start. She further added, "I will not vote on replacement because of the recommendation." A roll call was taken on the appoint- ( j ment of Mr. Jack Taylor to the Planning Commission and is recorded as follows: Ayes - Directors Keith, i� Langston, Morse, Bussey`and Mayor Hubbell - total S; Noes - Directors Shackelford and Jones - total 2; Absent -.None. After the discussion, a motion was made by Mayor Hubbell that the Resolution filling the vacancies on the commissions be adopted. The motion was seconded by Director Langston, with the Resolution being adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones_ - totar 7; Noes - None; Absent - None. Mayor Hubbell announced that the next item on the Agenda was the Cable Television Ordinance and requested the City Clerk to read it for the first time, with the title being: ' AN ORDINANCE TO GRANT THE FRANCHISE RIGHT AND PRIVILEGE TO CONSTRUCT, ERECT, OPERATE AND MAINTAIN fIN, UPON, ALONG, ACROSS, ABOVE, OVER AND UNDER THE STREETS, ALLEYS, PUBLIC WAYS, AND PUBLIC PLACES NOW LAID OUT OR DEDICATED, AND ALL EXTENSION THEREOF, AND ADDITIONS THERETO IN THE CITY, POLES, WIRES, CABLES, UNDERGROUND CONDUITS, MANHOLES, AND OTHER CONDUCTORS, AND FIXTURES NECESSARY FOR THE MAINTENANCE FEBRUARY S. 1980. Cont'd. AND OPERATION IN THE CITY OF A CABLE TELEVISION SYSTEM FOR THE.INTERCEPTION, SALE AND DISTRIBUTION OF TELEVISION AND RADIO SIGNALS, and the Ordinance was'read the first time. Director Langston urged that the Board proceed to obtain Cable TV as quickly as possible. A motion followed from Director Morse and seconded by Director Langston that the rules be suspended and the Ordinance be placed on second reading. A roll call was taken on the motion for the suspension of the rules and is recorded as follows: Ayes - Directors Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith - total 1; Absent - None. With the rules having been suspended, the proposed Ordinance was then read the second time. After the second reading of the Ordinance, Mayor Hubbell.announced a recess and requested Board Members to consider a date for a special meeting and possible amendments to the Ordi- nance, during the break. He stated that after the recess, presentations may be made by companies who have submitted cable television bids. At 8:40 P. M. the Board of Directors reconvened.from recess with Mayor Hubbell presiding and all members answering roll.call. Mayor Hubbell made a motion that the Ordinance be amended to mandate public access with Director Langston offering the second. A discussion ensued regarding mandating public access; followed by a motion from Director Shackelford to amend the Ordinance to mandate some degree of cooperation with the Consortium. The motion was seconded by Directo. Bussey and discussion continued regarding amendments. After the discussion, the motions and seconds to amend the Ordinance were withdrawn until a Special Meeting, at which time the Ordinance will be read the third time and the franchise awarded. Director Bussey read a prepared statement at this time, in which he proposed that the Board of Directors refer the awarding of a Cable TV Franchise to the general public for a vote. He suggested that this be done at the primary election to be held at the end of May. Director Langston presented comments indicating this might not be possible because it would necessitate combining the election with the Pulaski County Primary Election. Mayor Hubbell then advised that ten minutes would be allotted for presentation by each group representing the cable companies. Midwest was the first company making a presentation being represented by Jim Cottingham, Monroe M. Rifkin and Kaneaster Hodges. Mr. Cottingham advised that about 200 of the preliminary work has been done and that service can be offered within six months, with initial subscribers receiving service two to three months after receiving the authorization to proceed with construction. Mr. Monroe Rifkin advised that Midwest, if awarded the franchise, proposes to charge $6.45 instead of $7.50, which is equivalent to the lowest rate being offered. Mr. Hodges told the Board that Midwest has entered into an agreement with the Consortium that has integrity and character and is in the best long -range interests of the City and the people of Little Rock. The Midwest Representatives then answered questions from the Board Members. The next presentation was made by W. H. Sutton and Walter Hussman, Jr. for Cablecom. Mr. Sutton said that the Cablecom bid could be guaranteed, adding they were willing to put in writing to the Consortium, what Cablecom is willing to do. Mr. Hussman, who originally bid as Little Rock Cable Television, explained 1111111 the merger with Cablecom and agreed to stand by and guarantee it. Mr. Sutton and Mr. Hussman then answered questions asked by Board Members. Mr. Jerry Lindauer made the presentation for CPI and announced that they would stand by their original bid. He said within the past year, CPI merged in the Times - Mirror Company in Los Angeles, California. He reminded the Board of the "freebies" contained in their bid plus the S% franchise fee. He pointed out that North Little Rock awarded the cable tele- vision franchise to CPI therefore, they are a local company. Mr. Lindauer then answered questions from Board Members regarding the time -frame for service installation. Attorney Maurice Mitchell representing Riverside Cable TV made the next presentation. He explained that Riverside is an Arkansas corporation with 14% of its common stock being owned by Stephens, Incorporated. He advised that Stephens has pled to donate all of its interest, including any income from its interest, to Little Rock charities. Mr. Jim Faircloth of Sarasota, Florida, said that Riverside could serve the first subscriber within six months of the date the franchise is awarded, stressing the rate schedule is the best - $4.95 for 19 C• I'iIIIII FEBRUARY S, 1980, Cont'd. channels and $6.45 for 35 channels. Mr. Mitchell and Mr. Faircloth then answered questions from Board Members. After all the presentations, Mayor Hubbell stressed the need to agree upon a procedure for arriving at a successful bidder when the Board meets in Special Session for the final reading of the Ordinance. He reminded there have been two petitions circulated regarding procedures for selection of a company - his and.Director Jones'. Upon question by Director Morse, Director Jones explained her suggestion by listing three companies; have dialogue and take another ballot, etc. Mayor Hubbell's proposal was to award the franchise to the company receiving four.votes. There was no.decision reached on the proposal for the selection of a company but, Mayor Hubbell asked the Board Members to think about it before Monday. There was no further business to be presented and a motion was made by Director Morse, seconded by Director Bussey, and unanimously adopted by the Board Members present, to adjourn the meeting at 11:10 o'clock P. M. and meet again in Special Session.on Monday, February 11, 1980 at 4 :00 o'clock P. M. to award a franchise for Cable Television. ATTEST: APPROVED: 114 City Clerk Mayor J I 11, l,. J I 11, Board of Directors Chamber Little Rock, Arkansas February 11, 1980 - 4:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in Special Session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Morse, Bussey and Jones - total S; Absent - Director Shackelford - total 1. With there being a quorum present, it was duly announced, and the meeting proceeded as herein described: The first presentation was Ordinance No. 13,789, with the title being: AN ORDINANCE RENEWING FOR A NINETY -DAY PERIOD - 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 after a first reading of the Ordinance, there was a motion by Director Keith, seconded by Director Langston, 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 ensued. A sub- sequent motion was again made by Director Keith to suspend the rules and place the Ordinance on third and final reading; which motion was again seconded by Director Langston, 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford. total 1. Mayor Hubbell announced that the Ordinance had PASSED. At the February S, 1980, Board of Directors Meeting, a Special M -eting was set for this time for the purpose of awarding a franchise for Cable Television and the third and final reading of the Ordi- nance naming the successful bidder. The Notice of the Special Meeting was filed in the Office of the City Clerk. The procedures for casting votes on the bids had been previously proposed by Mayor Hubbell and Director Jones. Director Morse made a motion that "we use Myra Jones' method of voting." The motion was seconded by Director Keith and submitted to the following roll call vote: Ayes - Directors Keith, Morse and Jones - total 3; Noes - Directors Langston, Bussey and Mayor Hubbell - total 3; Absent - Director Shackelford - total 1. Therefore, the motion FAILED to be adopted. Director Shackelford enrolled. A discussion ensued.on the method for selecting a successful bidder. Again, Director Jones explained her proposal to name three companies, have dialogue and vote; then two companies, etc. Mayor Hubbell was opposed to this procedure and offered an alternative to discuss the various companies, give "our" opinion, and try to select a company by the pure majority rules. With Director Shackelford having enrolled, it was generally agreed to again vote on the voting method proposed by Director Jones. A roll call was taken with the response being: Ayes - Directors Keith, Morse and Jones - total 3; Noes - Directors Langston, Bussey, Shackelford and Mayor Hubbell - total 4; Absent - None. The procedure offered by Director Jones was again defeated. At this time, Mayor Hubbell read a prepared statement in which he clarified his position regarding the vote on cable television, since his law firm no longer represents any of the companies. He said that the opinion of the City Attorney is that he has an obligation to vote on the issue now; and, after his review of the matter, he has an ethical obligation to vote on the cable television franchise; therefore, he will cast his vote for the awarding of a franchise. A subsequent motion was then made by Director Langston, seconded by Director Morse, that IA l III 2'72' FEBRUARY 11; 1980; Cent Id. "the Hubbell procedure of a written ballot be used in the selection of a company to receive the franchise " A voice vote was taken with all seven Board Members voting Aye, therefore the motion was adopted. Mayor Hubbell then called for discussion with Director Bussey reading a prepared statement and in conclusion, - imade-a motion that "we let the people speak to this issue by choosing the firm by popular vote at elect- ion." The motion failed to receive a.second and the discussion continued. Director Shackelford read a `f prepared statement in which she reminded of the obligation to the black community adding, that she would fight for equal justice for all. Director Jones stated that she had talked to the consultant, Mr. Pilnick, at 2:30 P. M. in relation to the ranking of the companies and explained the evaluation by the j� point system. Mayor Hubbell also talked with the consultant, commenting that all the companies have the - financial ability to receive the franchise and gave highlights of his evaluation. Director Jones made a motion that "the bids be considered in light of the presentations made before the Board of January 30th." Upon question by Director Bussey, Mayor Hubbell explained that the motion is to accept all four bids as presented to this Board. The motion was seconded by Mayor Hubbell and unanimously adopted by 1 voice vote of the Board Members present. At this time, Mayor Hubbell requested that each Board Member name a company on a written ballot. After the votes were passed to the Mayor, he announced the follow- ing results: A. M. "Sandy" Keith Midwest , Byron Morse Riverside 1 John Langston Riverside ,I Charles Bussey Riverside Lottie Shackelford Midwest Mayor Webb Hubbell Riverside Myra Jones Cablecom With Riverside Cable Television, Inc. receiving four votes, a motion followed from Director Langston, - seconded by Director Shackelford, that the name "Riverside Cable TV, Inc." be inserted in the Ordinance. I The motion was adopted by unanimous voice vote of the Board Members present. - l! Ordinance No. 13,790 was then presented, entitled: ' TO GRANT TO RIVERSIDE CABLE TV, INC. THE FRANCHISE RIGHT AND PRIVILEGE TO CONSTRUCT ERECT, OPERATE i , iAND MAINTAIN IN, UPON, ALONG, ACROSS, ABOVE, OVER AND UNDER THE 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 II `i DISTRIBUTION OF TELEVISION AND RADIO SIGNALS; - Land the Ordinance was read the third and last time. An Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Langston, Morse, Bussey, ' Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith -. total 1 (Director Keith later changed his vote to Aye therefore, making the vote unanimous); Absent - None. Mayor Hubbell then announced that the Ordinance had PASSED, would remain in the Office of the City Clerk one week, and be ratified on February 19, 1980 by the Board of Directors. There being no further business to be presented or to come before the Board of Directors, upon motion of Director „Morse, seconded by Director Langston, and by unanimous vote of the Board Members I present, the meeting was adjourned at 5:00 o'clock P. M. to meet again in regular session on Tuesday, i February 19, 1980 at 7:30 o'clock P.M. II ATTEST:#nz / APPROVED: 'h City Clerk Mayor 1 IF Board of Directors Chamber Little Rock, Arkansas February 19, 1980 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Absent - Director Morse - total 1. A quorum was declared to be present and the meeting therefore, proceeded as herein described: The Invocation was given by Director Keith. Mayor Hubbell announced that the first matter to be considered was the confirmation of Ordinance No. 13,790 granting a franchise to Riverside Cable TV, for the installation and operation of cable television in the City of Little Rock. He invited persons wishing to speak to come forward. Mrs. Jeff Cheatham of 1824 East Capitol Avenue was the only citizen present who wished to address the issue. She represented the East End Civic League, East End Garden Club, East End Senior Citizens, Miles Chapel the "acceptance fee." There was no further discussion and a motion was made by Director Bussey to "confirm Ordinance No. 13,790, awarding the cable television franchise to Riverside Cable TV, Inc." The motion was seconded by Director Jones and submitted*to the following roll call vote: Ayes - Direct Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent Director Morse - total 1. The Consent Agenda was the next matter to be considered, consisting of the following items: (a) The Minutes of the previous meeting held February 5, 1980 and the Special Meeting held February 11, 1980. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of December, 1979. (c) The 1979 Annual Report of the Mount Holly Cemetery Association. (d) Resolution No. 6,282, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR PURCHASE OF A REFUSE COMPACTOR FOR THE LITTLE ROCK LANDFILL, FOR DEVELOPMENT AND CONSTRUCTION OF MOREHART PARK, FOR PURCHASE OF A TWO THOUSAND GALLON TANK TRUCK; AND FOR OTHER PURPOSES. (e) Resolution No. 6,283, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO ARKANSAS POWER AND LIGHT COMPANY FOR THE INSTALLATION OF ADDITIONAL STREET LIGHTING AT FOUR PARKS; AND FOR OTHER PURPOSES. (f) Resolution No. 6,284, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION FOR A GRANT FROM THE INSTITUTE OF MUSEUM SERVICES FOR FUNDS FOR THE ZOO PROGRAM; AND FOR OTHER PURPOSES. (g) Resolution No. 6,285, described as: - A RESOLUTION AUTHORIZING THE CITY MANAGER TO NOTIFY THE ARKANSAS COMMISSION ON CRIME OF THE INTENT OF THE CITY TO EXERCISE ELIGIBILITY TO BECOME AN ENTITLEMENT JURISDICTION UNDER THE JUSTICE SYSTEM IMPROVEMENT ACT; AND FOR OTHER PURPOSES. (h) Resolution No. 6,286, entitled: A RESOLUTION APPOINTING JAMES R. RODGERS CHAIRMAN OF THE COMPLETE COUNT COMMITTEE, AN AD HOC COMMITTEE DESIGNED TO P =1 Church and the Hanger Hill Floral Club and stated, "we are very pleased with the decision of the Board to select Riverside to operate cable television in the Little Rock community. The proposed actions of Riverside indicate that the total community will benefit. We are especially pleased of its intended support to the Black colleges in our area who really need the financial support." Mr. Ted Skokos, Attorney for Riverside, presented a check in the amount of $10,000 payable to the City of Little Rock, the "acceptance fee." There was no further discussion and a motion was made by Director Bussey to "confirm Ordinance No. 13,790, awarding the cable television franchise to Riverside Cable TV, Inc." The motion was seconded by Director Jones and submitted*to the following roll call vote: Ayes - Direct Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent Director Morse - total 1. The Consent Agenda was the next matter to be considered, consisting of the following items: (a) The Minutes of the previous meeting held February 5, 1980 and the Special Meeting held February 11, 1980. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of December, 1979. (c) The 1979 Annual Report of the Mount Holly Cemetery Association. (d) Resolution No. 6,282, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR PURCHASE OF A REFUSE COMPACTOR FOR THE LITTLE ROCK LANDFILL, FOR DEVELOPMENT AND CONSTRUCTION OF MOREHART PARK, FOR PURCHASE OF A TWO THOUSAND GALLON TANK TRUCK; AND FOR OTHER PURPOSES. (e) Resolution No. 6,283, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO ARKANSAS POWER AND LIGHT COMPANY FOR THE INSTALLATION OF ADDITIONAL STREET LIGHTING AT FOUR PARKS; AND FOR OTHER PURPOSES. (f) Resolution No. 6,284, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION FOR A GRANT FROM THE INSTITUTE OF MUSEUM SERVICES FOR FUNDS FOR THE ZOO PROGRAM; AND FOR OTHER PURPOSES. (g) Resolution No. 6,285, described as: - A RESOLUTION AUTHORIZING THE CITY MANAGER TO NOTIFY THE ARKANSAS COMMISSION ON CRIME OF THE INTENT OF THE CITY TO EXERCISE ELIGIBILITY TO BECOME AN ENTITLEMENT JURISDICTION UNDER THE JUSTICE SYSTEM IMPROVEMENT ACT; AND FOR OTHER PURPOSES. (h) Resolution No. 6,286, entitled: A RESOLUTION APPOINTING JAMES R. RODGERS CHAIRMAN OF THE COMPLETE COUNT COMMITTEE, AN AD HOC COMMITTEE DESIGNED TO P =1 2'74 I; FEBRUARY 19, 1980, Cont'd. (h) Cont'd. EFFORTS; AND FOR FOR OTHER PURPOSES. I By a motion from Director Shackelford, seconded by Director Jones, which was adopted by unanimous voice vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The i V minutes of the previous meeting held February 5, 1980 and the Special Meeting held February 11, 1980, i were approved as written and summarized to the members of the Board of Directors; (b) The Comparative • I Statement of Income Account of the Little Rock Municipal Water. Works was received and filed; (c) The 11 Annual Report of Mount Holly Cemetery Association was received and filed; and (d, e, f, g g h) Resolutions No. 6,282, 6,283, 6,284, 6,285 and 6,286 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director i Jones - total 6; Noes - None; Absent - Director Morse - total 1. A discussion item was placed on the Agenda relative to existing problems at the pistol range adjacent to Rebsamen Park. Because of vandalism, safety hazards and other problems, the pistol range I has been closed by the Police Department. Mr. Luke Moorman representing the Little Rock Pistol Club, now known as the Little Rock Shooting Sports Association, advised that this organization is opposed to closing the pistol range and the only way one could shoot over the range is to deliberately do so. It was his opinion that the recommendation to close the range by the Police Chief was inequitable. Mr. Moorman said the pistol range did need supervision and offered the services of the Little Rock Shooting Sports Association; adding, the Club would like to participate in correcting the problems both in effort and with funds. Mr. Gary Green, Mr. Jack Veatch and Mr. Frank H. Cox, Jr. concurred with the statements made by Mr. Moorman in opposition to closing the pistol range. A large group of Club Members was also I resent. Director Keith made a motion that "Mr. Moorman p go back and develop a plan and bring it back to this Board, bearing in mind that you are the prime responsibility and whatever fee you think is necessary r in order to establish a security down there." The motion was seconded by Director Bussey and adopted by unanimous voice vote of the Board Members present. Mr. Buddy Villines, Deputy City Manager advised that � this matter will again be placed on the Board's next Agenda, which will be February 27th, as a discussion item with staff presentation. Presentation was made of Ordinance No. 13,791, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NW CORNER OF NORTH AND STATE STREETS IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, i M ARKANSAS, AND FOR OTHER PURPOSES; 1 (From 1IR -5" Urban Residence District to 110 -1" Quiet Office District) with the Ordinance being read the third and last time, having been read the first time on October 16, 1979 and the second time on November 6, 1979. On November 6, 1979, a motion was made and adopted to return the matter to the Planning Commission for further study and possible 11E -1" Zoning for the entire i block. The Planning Commission reconsidered the application on January 29, 1980 and again, approved 110 -1" Quiet Office District for Lots 3 $ 4 only. A roll call was taken on the question, Shall the � Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith, Langston, Bussey, Shackel- ford and Jones - total S; Noes - None; Abstaining - Mayor Hubbell - total 1; Absent - Director Morse - total 1. The Ordinance was therefore, declared to have PASSED. I The next matter to be considered was a petition from Sandy S. McMath, Attorney, to vacate and close that portion of North State Street that both lies between and abuts the first 94.8 feet-south of the dead end of the right -of -way of North State Street at the Missouri Pacific right -of -way of Blocks 181 and 183 of the Original City of Little Rock. Accompanying the petition was a letter from Beach Abstract and ' Guaranty Company listing abutting property owners; and, a certified copy of the Plat showing blocks 181 and 183 of the Original City, as recorded in the Office of the Circuit Clerk and Ex- Officio Recorder of Pulaski County in Deed Record L, Page 490. (See Resolution No. 6,287 as follows, which sets the date of Public Hearing on Tuesday, March 4, 1980 at 7:30 P. M.) I FEBRUARY 19, 1980, Cont'd. There was presented Resolution No. 6,287 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 FIRST 94.8' OF NORTH STATE STREET BETWEEN BLOCKS 181 AND 183 SOUTH OF ITS DEAD.END AT THE MISSOURI PACIFIC RIGHT OF WAY; and there was a full reading of the Resolution; which was thereafter adopted by motion of Director Langston, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. At this point in the meeting, a discussion was held regarding Sewer Improvement District No. 144. This subject was not placed on the Official Agenda but, Mr. Charles Rhodes of 3108 Potter Street and Mr. Mike Roberts of 3912 Foster Street, filled out cards requesting that they be heard. Mr. Rhodes advised,that property owners in the John Barrow Addition held a meeting to discuss the removal of the commissioners in Sewer Improvement District No. 144, and the appointment of.new ones. He said the present commissioners had failed to perform their duties, mislead the property owners and requested their removal. Mr. Roberts advised that a public hearing was held with the attorney, contractor and engineer for the district attending, and after discussion and questions, the members of the district were still not satisfied with the present commissioners. Relative to the procedure for removal, City Attorney Jack Magruder explained that a petition signed by fifty percent of the property owners in the Sewer Improvement District, showing cause for removal of the commissioners may be filed. In conclusic City Manager Carleton McMullin felt that more investigation should be done, inasmuch as Community Development Block Grant money is involved. The Board of Directors then requested that Mr. McMullin investigate the matter before any action is considered. Director Bussey was excused. The,.,following Zoning Petitions were then presented, as approved by the Planning Commission: Z -3437 - Petition from Jim Van Hook for Don Mueller and Derol May, to rezone the N/E corner of West Markham Street at Shackleford Road (long legal - Replat of Part of Block 37, Santa Fe Park Addition) from "C -3" General Commercial District to "C -4" Open Display District. Z -3438 - Petition from Don Bailey, Jr. to rezone 5908 Geyer Springs Road (between 59th Street F, Hutsell Road - long legal, essentially Lot 8, Hood's Replat) from 11C -3" General Commercial District to 11C -4" Open Display District. Z- 1797 -A - Petition from Sidney M. Thom, President of B $ T Development Company, Inc. to rezone the NE Corner of West 65th Street at Lancaster Road, described as Lots 1 and 2, Cresthills Replat of Lot 15, Leigh & Butler Acres to the City of Little Rock, from "C -3" General Commercial District to "C -4" Open Display District. Z -3432 - Petition from John A. Castin for the West Little Rock Land Company, to rezone the West 300 ft. of the SE', SW;, Section 29, T -2 -N, R -13 -W, just west of Hinson Road (long legal description) from 11R -2" Single family District to 11R -4" Two - family District. As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,792, as follows) Ordinance No. 13,792 was presented, with the title being: AN ORDINANCE'RECLASSIFYING VARIOUS PROPERTIES WITHIN THE CITY OF LITTLE ROCK, ARKANSAS, ' AMENDING SECTION 43 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 Shackelford 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 five in number and two- thirds or more of the V 27s' FEBRUARY 19, 1980r Cbnttd. motion then made by Director Shackelford, seconded by Director Langston, for a further suspension of the i rules to permit the third and last reading of the Ordinance at'this time, which motion was unanimously I� �I V adopted by members of the Board of Directors present, being five in number and two - thirds or more of the i 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 j Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Bussey - total 2. Whereupon, the Ordinance was declared PASSED. Director Bussey was re- enrolled: ` I A zoning application (Z -3406) was presented from Mr. Don R. Venhaus, Consultant for Mr. Troy I I• 'Braswell. The original request was reviewed by the Planning Commission on October 23, 1979, asking li that 1.71 acres in the 4900 Block of Mabelvale Pike (long legal description - between 49th and 51st II Streets) be rezoned from "A" One - family District to "F" Commercial District. After reviewing the application, the Planning Commission denied "F" Commercial use of the property. On November 16, 1979, I Mr. Venhaus wrote -a letter to the Board of Directors requesting them to remand the matter back to the li Planning Commission for consideration of "E -1" Professional Office use. The Board of Directors adopted I { a motion on December 4,'1979 to-return the application to the Planning Commission for "E -1" consider- ation. The Planning Commission then approved the request on January 29, 1980 for"110 -3" General Office iUse. There was no opposition presented and an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,793 below) Presented for consideration was Ordinance No. 13,793, described as: i AN ORDINANCE RECLASSIFYING PROPERTY IDENTIFIED AS BEING IN THE 4900 BLOCK OF MABELVALE PIKE WITHIN THE CITY OF'LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 followed from Director Langston, seconded by Director �j Keith-, 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 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 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 Director.- 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, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. The Ordinance was then declared PASSED. I� A Public Hearing had been designated for this time and place upon the' question of issuance of ' Act 9 Industrial Development Revenue Bonds for Weyerhaeuser Company. The Public Hearing was declared {� open by Mayor Hubbell, who invited speakers to come forward. There was no one present who wished to N oppose the issue, the Public Hearing was declared closed and an Ordinance authorizing the issuance of the bonds was placed on first reading. (See Ordinance No. 13,794) iNext presented was Ordinance No. 13,794, containing -the following title: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF i PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND WEYER- HAEUSER COMPANY, AS LESSEE; AUTHORIZING THE SALE OF THE BONDS AND THE EXECUTION OF 'A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; and said Ordinance was read the first time. A motion -then followed from Director Bussey, seconded by Director Jones, to suspend the rules and place the Ordinance on its second reading. The motion was J' FEBRUARY 19, 1980, Contd. 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 Jones and Shackelford, respectively, that the rules again be suspended to provide for the third and final reading of the Ordinance at this time; with the motion being 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 Ordina J Grant Projects was presented. Introduced at this time was Resolution No. 6,288, 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 (CDBG) PROGRAM FOR THE YEAR 1980 -81; APPROVING THE CDBG APPLICATION; AUTHORIZING THE FILING OF THE APPLICATION FOR SAID FUNDS; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. There was a motion by Director Bussey that the Resolution be adopted. The motion was seconded by Director Shackelford and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. Ordinance No. 13,795 was presented, with the following heading: AN ORDINANCE APPROPRIATING AND TRANSFERRING TO ACCOUNT NUMBER 399 -9501 THE AMOUNT OF $408,000.00 IN CURRENT AND PROJECTED INTEREST EARNINGS ON BOND FUNDS, $60,016.00 FROM ACCOUNT NUMBER 399 -9302 OF THE 13TH STREET BRIDGE RENOVATION FUND AND APPROPRIATING $1,018,070.00 WHICH WAS PREVIOUSLY ALLOCATED BUT UNAPPROPRIATED IN ACCOUNT NUMBER 399 -9501, ALL TO BE USED TO FUND THE CONTRACT AWARDED TO HONEYWELL INC. FOR INSTALLATION OF THE MASTER COMPUTER TRAFFIC CONTROL SYSTEM, AND FOR OTHER PURPOSES; 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 Bussey and un- animously 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 Keith, seconded by Director Shackelford, for a further suspension of the rules to permit the third and last reading of the Ordinance at this time, which motion was unanimously Ar after which an Aye and No Vote was taken on the question, Shall the Ordinance Pass, which resulted as herein recorded: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. The Emergency Clause contained in Section 12 of the foregoing Ordinance was, at this time, read and adopted by the following vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director. Morse - total 1. The Ordinance, with the Emergency Section, was therefore declared to have PASSED. A public hearing had been set for this time and place on the approval of various projects for the Sixth Year Community Development Block Grant Program. Mayor Hubbell declared the public hearing open and Mr. Paul Mason, Superintendent of the Little Rock Public Schools was the first speaker. He spoke in favor of the Program, specifically the Woodruff School Community Project; adding, "we believe that approval of that project will greatly improve the availability of facilities in that community." Mr. Gregory Ferguson, Chairman of the Woodruff School Community Development Block Grant Committee said at the last public hearing of the committee, a petition was proposed to favorably consider the joint project, linking Woodruff School and Lamar Porter Field in allocating CDBG funds. He presented the petition signed by seventy -five parents and patrons in favor of the community use area. Mr. Jim Brown, President of the Little Rock Boys' Club expressed the desire to participate in the Woodruff Project stating, "we feel this is a great opportunity to enrich the neighborhood by sharing facilities at the Lamar Porter Field and our Board is behind this." Mrs. Erma Hendrix requested the Board of Directors to take another look at the request for improvements to West 31st Street. Mayor Hubbell then declared the public hearing closed and the Resolution approving the various Community Development Block J Grant Projects was presented. Introduced at this time was Resolution No. 6,288, 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 (CDBG) PROGRAM FOR THE YEAR 1980 -81; APPROVING THE CDBG APPLICATION; AUTHORIZING THE FILING OF THE APPLICATION FOR SAID FUNDS; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. There was a motion by Director Bussey that the Resolution be adopted. The motion was seconded by Director Shackelford and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. Ordinance No. 13,795 was presented, with the following heading: AN ORDINANCE APPROPRIATING AND TRANSFERRING TO ACCOUNT NUMBER 399 -9501 THE AMOUNT OF $408,000.00 IN CURRENT AND PROJECTED INTEREST EARNINGS ON BOND FUNDS, $60,016.00 FROM ACCOUNT NUMBER 399 -9302 OF THE 13TH STREET BRIDGE RENOVATION FUND AND APPROPRIATING $1,018,070.00 WHICH WAS PREVIOUSLY ALLOCATED BUT UNAPPROPRIATED IN ACCOUNT NUMBER 399 -9501, ALL TO BE USED TO FUND THE CONTRACT AWARDED TO HONEYWELL INC. FOR INSTALLATION OF THE MASTER COMPUTER TRAFFIC CONTROL SYSTEM, AND FOR OTHER PURPOSES; 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 Bussey and un- animously 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 Keith, seconded by Director Shackelford, for a further suspension of the rules to permit the third and last reading of the Ordinance at this time, which motion was unanimously Ar FEBRUARY 19, 1980, Cont'd. adopted by members of the Board of Directors present, being six in number and two- thirds or more of IIIIII the members of*the Board of Directors - elect. The third and last reading of the Ordinance resulted in an Aye and No Vote tieing taken on the passage of the Ordinance and recorded as follows: Ayes Directors) Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent IlY Director Morse --total 1. There was an announcement that the Ordinance had PASSED. The next presentation was Resolution No. 6,289, with the title being: A RESOLUTION DECLARING AN EXCEPTIONAL SITUATION AND WAIVING THE REQUIREMENT OF COMPETITIVE BIDDING IN THE CASE OF PURCHASE OF FOOD FOR THE EAST-LITTLE ROCK COMPLEX DAY CARE CENTER AND FOR OTHER PURPOSES; with said Resolution read in full, and followed by a motion from Director Keith, seconded by Director Langston, that the Resolution be adopted. A roll call was taken which adopted the Resolution as herein recorded: Ayes - Directors Keith; Langston, Bussey, Shackelford,-Mayor Hubbell and Director Jones - total 6; Noes 2 None; Absent - Director Morse - total 1. Ordinance No. 13,796, was next presented, described as: AN ORDINANCE PROVIDING FOR SERVICES TO THE SOUTHWESTERN I -430 AREA WHICH HAS BEEN ANNEXED TO THE CITY OF LITTLE ROCK, ARKANSAS; AUTHORIZING EMPLOYMENT OF SIXTY -ONE EMPLOYEES; APPROPRIATING $538,000.00 THEREFOR, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion which followed from Director Bussey, seconded by Director Shackelford, 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. 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 Shackelford, 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 Direc 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, Langston, Bussey, Shackelf Mayor Hubbell and Director!Jones - total 6; Noes - None; Absent - Director Morse - total 1. The Ordinance was then declared PASSED. Two proposed Ordinances were next presented entitled: AN ORDINANCE REPEALING § 23 -1(a), 23 -2.1, 23 -2.2, 23 -2.9, 23 -3.4, 23 -3.5, AND 23 -3.6; AND AMENDING ALL SECTIONS OF THE! ;CODE OF ORDINANCES, § 23 -2, 23 -3, 23 -3.1, 23 -3.2, 23 -3.8, AND 23 -2.9 OF THE LITTLE ROCK CODE OF ORDINANCES; AND DECLARING AN EMERGENCY (TAXICAB ORDINANCE); AND AN ORDINANCE REPEALING § 23 -1(a), 23 -2.9, 23 -3.5, 23 -3.6; AND AMENDING ALL SECTIONS OF THE CODE OF ORDINANCES, 5 23- 2(II), 23- 2(III)(a), 23- 2(IV)(c)(4), 23- 2(IV)(c)(6), 23 -3„ 23 -3.1, 23-3.2,23-3.3, 23 -3.8 AND 23 -3.9 OF THE LITTLE ROCK CODE OF ORDINANCES; AND DECLARING AN EMERGENCY (TAXICAB ORDINANCE); a discussion ensued regarding the provisions contained in the two Ordinances. City Attorney Jack Magruder explained the proposals and alternatives in each Ordinance. He advised that the first Ordinanc removes everything not statutorily required as proposed by Director Keith; and, the second Ordinance contains material sent to Board Members for review by Mr. Melvin White, Director of General Services. It was the consensus that some of the Board Members were not prepared to vote on the matter at this time, and Mayor Hubbell announced that the two proposed Ordinances will be delayed until Wednesday, February 27, 1980 at 9:30 A. M., at which time the Board will reconvene to consider the amendments to the Taxicab Ordinance. Another proposed Ordinance appeared on the Agenda, with the title being: RUR REPEALING SECTIONS 23 -2.2, 23 -2.9, 23 -3.4, 23 -3.5, AND 23 -3.6; AMENDING 23 -1(a), 23 -2, 23 -2.3, 23 -2.9, 23 -3, 2323.1, 23 -3.2, 23 -3.3, 23 -3.8 AND 23 -3.9 OF THE LITTLE ROCK CODE OF ORDINANCES; DECLARING AN(-EMERGENCY (TAXICAB ORDINANCE); V FEBRUARY 19. 1980. Cont'd. Mayor Hubbell announced that the provisions of the above Ordinance are contained in the other Ordinances therefore is a pulication and removed it from the Agenda. The next matter to be considered was Ordinance No. 13,797, described as: AN ORDINANCE ESTABLISHING MINIMUM FLOOD CONTROL MEASURES PREPARED BY THE FEDERAL INSURANCE ADMINISTRATION FOR THE CITY OF LITTLE ROCK TO COMPLY WITH THE "FULL PROGRAM" REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM; TO ESTABLISH BOUNDARIES WHICH DELINEATE FLOOD PRONE AREAS; TO ESTABLISH THE RATE ZONES FOR PROPERTIES LYING WITHIN SAME; TO PROVIDE FOR A DEVELOPMENT PERMIT PROCESS FOR CONSTRUCTION WITHIN THAT AREA; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF SAME; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. After the first reading of the Ordinance, upon recommend- ation by the City Manager, Director Langston made a motion that the Ordinance be amended as follows: "Section C(2)(e) - The reasonable need, if any, for access to the property by emergency vehicles in times of base flood, provided that failure of safe access during times of flood as the result of the grade of roadways and access serving the property on the effective date of this ordinance shall not be considered as a relevant factor except in the case of residential subdivisions and industrial uses which house materials or substances or other conditions dangerous to adjacent developed or developing areas. And Section D(2) - The Board of Adjustment shall hear and render judgment on an appeal when it is alleged there is an error in any requirement, decision or determination made by the Community Services Department in the enforcement or administration of this Ordinance, or that any such requirement, decision or determination is arbitrary, capricious or unreasonable." The motion was seconded by Director Shackelford. Before the roll call on the motion was taken, Attorney Jack Young told the Board that he had been working on the proposal and requested the Board's favorable consideration. Mayor Hubbell then asked for a voice vote on the motion to amend the Ordinance, which was unanimously adopted by the Board Members present. There was a subsequent motion from Director Langston to suspend the rules and place the Ordinance, as amended, 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 an d two - thirds or more of the members of the Board of Directors - elect; and a second reading of the Ordinance, as amended, ensued. The rules were again suspended and the Ordinance, as amended, placed on its third and final reading by a motion again made and seconded by Directors Bussey and Langston, 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, as amended, there was an Aye and No Vote taken on the passage of the Ordinance, as amended, which resulted as herein recorded: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. The Emergency Clause being the last sentence in the Ordinance, was voted on separately and recorded as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. Whereupon, the Ordinance, as amended, and the Emergency Clause were declared PASSED. A proposed Ordinance was introduced at this time with the description being: AN ORDINANCE GRANTING A FRANCHISE TO CARL KEYES FOR AN ENCROACHMENT UPON THE PUBLIC RIGHT -OF -WAY AT 9923 ECHO VALLEY COURT IN THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; which Ordinance was read the first time. Mr. Carl Keys, Jr. of 9923 Echo Valley Court presented his request for a franchise to allow him to retain a basketball goal he has erected in his yard, at the edge of the curb, which is in the street right -of -way. Mr. Keys filed a petition signed by twelve property owners, requesting approval of the franchise. Mr. William L. Terry, Attorney representing residents opposed to the basketball goal said that a request to use the street for play is not a proper request, reminding that the Staff had recommended removal of the goal. He filed a petition opposing the franchise, signed by eleven property owners. Mr. Larry Brewer and Mr. Larry Connelley spoke in opposition to granting the franchise. After discussion, a motion followed from Director Shackelford, I FEBRUARY 19. 1980. Cont'd. seconded by Director Jones, to suspend the rules and place the Ordinance on second reading. A roll call was taken on the suspension of the rules with the following results: Ayes - Directors Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total S; Noes - Director Keith - total 1; Absent - Director Morse - total 1. With the rules having been suspended, a motion was made by Direct Shackelford to further suspend the rules to permit the third and final reading of the Ordinance. The motion was again seconded by Director Jones and submitted to the following roll call vote: Ayes - Directors Shackelford and Jones - total 2; Noes - Directors Keith, Langston, Bussey and Mayor Hubbell total 4; Absent - Director Morse - total 1. With the suspension of the rules having failed, the proposed Ordinance was therefore, left on the calendar for third and final reading. Presented for consideration was Resolution No. 6,290, with the title being: A RESOLUTION SETTING THE DATE OF MARCH 4, 1980 FOR A PUBLIC HEARING FOR THE WOODRUFF SCHOOL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND FOR OTHER PURPOSES; and a complete reading of the Resolution followed. There was a motion then made by Director Bussey, seconded by Director Keith, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. The last matter to be considered was Resolution No. 6,291, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO APPEAL THE CASE OF GERALD L. BREEDING, ET AL. V. THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; with said Resolution being read in full, after which there was a motion by Director Langston, 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, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - 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 Shackelford, and by unanimous vote of the Board Members present, the meeting was recessed at 9:30 o'clock P. M. to reconvene Wednesday, February 27, 1980 at 9:30 o'clock A. M. to again consider the amendments to 'the Taxicab Ordinance. ATTEST: +jv-- City Clerk Mayor 1 Board of Directors Chamber Little Rock, Arkansas February 27, 1980 - 9:30 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the February 19, 1980 meeting with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Morse and Jones - total 3; Absent - Directors Langston, Bussey and Shackelford - total 3. A quorum was declared present and the proceedings are herein recorded as follows: The first presentation was a Resolution, No. 6,292, entitled: A RESOLUTION APPOINTING MRS. MYRA JONES TO THE PULASKI AREA TRANSPORTATION COORDINATION COMMITTEE; AND FOR OTHER PURPOSES; (Replacing Mr. Donald L. Mehlburger)- - and a complete reading of the Resolution followed. There was a motion then made by Director Morse, seconded by Mayor Hubbell, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith and Morse, Mayor Hubbell and Director Jones - total 4; Noes - IIIIII None; Absent - Directors Langston, Bussey and Shackelford - total 3. Director Bussey was enrolled. Resolution No. 6,293 was presented, containing the following title: A RESOLUTION APPOINTING MR. MICHAEL SMITH CHAIRMAN OF THE COMPLETE COUNT COMMITTEE, AN AD HOC COMMITTEE DESIGNEb.TO- PROMOTE- PARTICIPATION BY THE- COMMUNITY_AT.LARGE IN THE "1989. CENSUS EFFORTS; AND FOR OTHER PURPOSES; which Resolution was read in full. Mayor Hubbell advised that Mr. Smith will replace Mr. James Rodgers who was appointed February 19, 1980 and is unable to serve on the Committee. A motion was made by Director Bussey, seconded by Director Morse, that the Resolution be adopted. In the ensuing roll call vote, the Resolution was adopted as follows: Ayes - Directors Keith, Morse, Bussey, Mayor Hubbell and Director Jones - total S; Noes - None; Absent - Directors Langston and Shackelford - total 2. At the February 19th Board of Directors Meeting three proposed Ordinances were placed on the Agenda amending the Taxicab Ordinance. A discussion was held on the proposals contained in the first two Ordinances and the Board Members decided to delay.any action,-in order to-pro-vide :tifne. for further study. The third Ordinance was a duplication, and it was removed from the Agenda. Mayor Hubbell advi that it would be necessary to enact a new Taxicab Ordinance before March 1st and recessed the February 19th Board Meeting until this time. Ordinance No. 13,798 was then presented, with the title being: AN ORDINANCE REPEALING § 23 -1(a), 23 -2.1, 23 -2.2, 23 -2.9, 23 -3.5 AND 23 73.6; AND AMENDING ALL SECTIONS OF THE CODE OF ORDINANCES, § 23 -2, 23 -2.3, 23 -3, 23 -3.1, 23 -3.2, 23 -3.3, 23 -3.8 AND 23 -3.9 OF THE LITTLE ROCK CODE OF ORDINANCES; AND DECLARING AN EMERGENCY (TAXICAB ORDINANCE); with said Ordinance being read the first time. A brief discussion followed in which Mayor Hubbell made a motion to amend Section 3- II -(a) by adding, "The taxicab permit shall be issued for a one -year period' and Section 6(b) by deleting, "The above rate shall be enacted for a period of twelve (12) months." The motion was seconded by Director Keith and adopted by a voice vote with Directors Keith, Morse, Bussey, Mayor Hubbell and Director Jones voting Aye, there were no Noes and Directors Langston and Shackelford were absent. With the Ordinance having been amended, there was a subsequent motion from Director Jones to suspend the rules and place the Ordinance, as amended, on its second reading. The motion was seconded by Director Morse 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, as amended, ensued. The rules were again suspended and the Ordinance, as amended, placed on its third and final reading by a motion made by Director Keith and again seconded by Director Morse, and unanimously adopted by the Board Members present, being five in number and FA 1 1,111 11 FEBRUARY. 27,_1980, Cont'd. two - thirds or more of the members of the Board of Directors - elect. Following the third and last reading of the Ordinance, as amended, there was an Aye and No Vote taken on the passage of the Ordi- nance, as amended, which resulted as herein recorded: Ayes - Directors Keith, Morse, Bussey, Mayor Hubbell and Director Jones - total S; Noes - None; Absent - Directors Langston and Shackelford - total 2. The Emergency Clause contained in Section 12 of the foregoing.Ordinance was read and adopted i by the following vote: Ayes - Directors Keith, Morse, Bussey, Mayor Hubbell and Director Jones - total S; Noes - None; Absent - Directors Langston and Shackelford - total 2. Whereupon, the Y Ordinance as amended, with the Emergency Clause, was, declared PASSED. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Director Morse, seconded by Director Keith, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:30 o'clock A. M. to meet again in regular session on Tuesday, March 4, 1980 at 7:30 o'clock P. M. ATTEST: 4dj City Clerk J Mayor 1 1 Board of Directors Chamber Little Rock, Arkansas ' March 4, 1980 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Langston, Morse, Shackelford and Jones - total S; Absent - Director Bussey - total 1. A quorum was declared to be in attendance, and the proceedings of the meeting are recorded as follows: The Invocation was given by Director Langston. The first presentation was the Consent Agenda consisting of the following items: (a) The Minutes of the previous meeting held February 19, 1980 and the reconvened meeting held February 27, 1980. (b) The Financial Statement and supplemental information of the Little Rock Regional Airport for years and months ended December 31, 1979 and 1978. (c) Resolution No. 6,294, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE PURCHASE OF ZOO FOOD FOR THE PARKS DEPARTMENT, FOR CONCRETE BRICKS, BLOCKS AND WALL REINFORCING WIRE, FOR THE ANNUAL CONTRACT FOR READY -MIX CONCRETE, CEMENT, CONCRETE, STONE AND LIME, FOR A TRACTOR WITH A REAR MOUNTED MOVING ATTACHMENT, BUSH HOG AND LOADER, FOR A CRAWLER TRACTOR WITH HYDRAULIC CONTROLLED BULLDOZER ATTACHMENT FOR THE LITTLE ROCK LANDFILL, FOR TRUCKS, TRACTORS AND MOWERS FOR THE PARKS DEPARTMENT AND THE GENERAL SERVICES.DEPARTMENT, FOR THE CONSTRUCTION OF -A FIFTH YEAR CDBG WATER PROJECT IN THE JOHN BARROW AREA; WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE PURCHASE OF PLANING BITS FOR A GALION RP -60 STREET PLANER; AND FOR OTHER PURPOSES.. (d) Resolution No. 6,295, with the title being: A RESOLUTION AUTHORIZING FRIENDS OF THE ZOO TO COLLECT ADMISSION FEES ON MAY 3, 1980, AT THE ZOO OF ARKANSAS FROM 9:30 A. M. TO 5:30 P. M. WITH A RAIN DATE OF MAY 4, 1980, WITH THE SAME TIMES RESERVED; AND FOR OTHER PURPOSES. By a Motion from Director Langston, seconded by Director Morse, with all members present voting Ayes, 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 Financial Statement and supplemental information of the Little Rock Regional Airport was received and filed; and (c $ d) Resolution Nos. 6,294 and 6,295 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Director Bussey was enrolled. A Public Hearing had been designated for this time and place by Resolution No. 6,287 for the purpose of hearing arguments on the action of the Planning Commission to vacate and close that portion of North State Street that both lies between and abuts the first 94.8' south of the dead end of the right- of- way..of North State Street at the Missouri Pacific Right -of -Way of Blocks 181.and 183 of the Original City of Little Rock. In accordance with the requirements, notice of hearing had been duly. published on February 22, 1980 and February 29, 1980, and return receipts of notice to adjacent pr owners were filed with the City Clerk. At this time, the Public-Hearing was declared to be open; however, there was no one in attendance who wished to address the issue, so the Public Hearing was declared closed and a related Ordinance was placed on first reading. (See Ordinance No. 13,799 as follows) V { MARCH 4, 1980, Cont'd. There was presented Ordinance No. 13,799, containing the following title: ORDINANCE OF THE BOARD OF DIRECTORS_OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THAT J I PORTION OF NORTH STATE STREET BETWEEN BLOCKS 181 AND 183 OF THE ORIGINAL CITY OF LITTLE ROCK -LYING 94.8' 1 ` SOUTH OF THE SAID STREET'S DEAD END ON THE MISSOURI PACIFIC RIGHT -OF -WAY; , I� and upon first reading of the Ordinance, there was a motion by Director Langston, seconded by Director Jones, to suspend the rules and place the Ordinance on second reading. The-motion having been unanimoushy 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. There was an ensuing motion again.made by Director Morse, seconded by Director Jones, that the rules be further suspended to provide for the third and final reading of the Ordinance. The motion was adopted by un- animous 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; 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, Langston, Morse, Bussey,,Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent-- None. The Ordinance was then declared to have PASSED. Introduced next was Resolution No. 6,296, described as: �I p A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO SALE AGREEMENTS FOR CERTAIN SURPLUS REAL PROPERTY OWNED BY THE CITY; REQUIRING THE PURCHASERS TO COVENANT THAT THEY WILL NOT ALLOW ANY OFF- PREMISE ADVERTISING; REJECTING -BIDS RECEIVED ON CERTAIN REAL PROPERTY OWNED BY THE CITY; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. There was a motion by Director Bussey that the Resolution be adopted. The motion was seconded by Director Jones and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Resolution No.•6,297 was introduced at this time, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO ACQUIRE RIGHT -OF -WAY FOR THE BLOUNT ROAD STREET IMPROVEMENTS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A•motion was made by Director Keith that the Resolution be adopted. The motion was seconded by Director Morse, with the Resolution being adopted as herein recorded: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - .None. with the title being: The next P resentation was Resolution No. 6,298, g I A RESOLUTION AUTHORIZING LITTLE ROCK SHOOTING SPORT ASSOCIATION TO OPERATE THE PISTOL RANGE IN COOPERATION WITH-'THE LITTLE ROCK POLICE DEPARTMENT UNTIL A NEW RANGE IS CONSTRUCTED BY THE•CITY; AND FOR OTHER PURPOSES; before the Resolution was read, several persons wished to speak. Mr. Luke A: Moorman, Jr. of 1112 North I I Mellon Street, representing the Little Rock Shooting Sport Association was the first to be heard. He j I requested that the Board of Directors give consideration to the reopening of the range with certain I safety factors but,-stated the Association would respectfully bow to the Board's decision. Mr. Jim I i Holland of 61 Sherrill Heights Road and Mr. Chester Storthz of 16 Sherrill Heights Road, were opposed to the Resolution and2concerned with the safety factors, pointing out that noise is also a problem. Mr. Holland urged that every deliberate effort be made to see that the range is supervised if reopened. iLL The proposal before the Board was to reopen the range after the necessary repairs have been made to bring it up to certain standards of safety, with the repairs to be made by the City; that the range will , be closed unless supervised; and, that the City will proceed immediately to construct a new range at a suitable location, at which time the Rebsamen Park Range will be closed. Upon question by Mayor Hubbell, Deputy City Manager Floyd Villines stated that with an optimistic projection, construction of a new J' i MARCH 4, 1980, Cont'd. range could begin within six months. He advised that first, it will be necessary to acquire a new site and funds. When questioned by Director Langston, Mr. Moorman said the hours.for use of the range ' will be from 11:00 A. M. to sundown and the area will be locked when not being used. There was no further discussion and the Resolution was read in its entirety. There was a motion 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, Langston, Morse, Bussey, Shackelford. and Jones - total 6; Noes - Mayor Hubbell = total 1; Absent - None. A-Public Hearing was set by the adoption of Resolution No. 6,290, adopted February 19, 1980, by the Board of Directors on the Woodruff School Neighborhood Development Program Plan. Mayor Hubbell declared the Public Hearing open and Ms. Billie Roth was the first to be heard. She also spoke for Mr. Butler and Mr. Wimberly and said they-were-opposed to the Plan because it includes the closing of Johnson Street. Mayor Hubbell and Director Morse explained-to Ms. Roth that the approval of the Plan does not mean the approval of the street closure; because a public hearing would have to be held before the street could be closed. Mr. Gregory Ferguson, Chairman of the Woodruff Area Community - Development Block Grant Committee reaffirmed that the committee had voted to adopt and support the Plan. Mr. David Elms, Jr. of 118 Brown Street, Vice Chairman of the Woodruff Area Community Development Block Grant Committee, stated that the controversy is over the concept presented to the citizens; adding, "I think that if you take the overall Plan and disregard the Community Use Plan, you will se the Plan is a good one for the neighborhood. He asked that the Board not take one portion of the Plan and condemn the entire thing. Upon question by Director Bussey, Mr. Elms advised that he is supporting the Plan but, not sure if he could support the closing of'Johnson Street. There was no further discussion, Mayor Hubbell declared the Public Hearing closed and an Ordinance adopting the Woodruff School Neighborhood Plan was placed on first reading. (See Ordinance No. 13,800 as follows) Presentation of Ordinance No. 13,800 was next and contained the following title: AN ORDINANCE ADOPTING THE WOODRUFF SCHOOL NEIGHBORHOOD PLAN; 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 Keith; seconded by Director Jones, which was unanimous adopted by the Board Members present, being seven in number and two - thirds or more of the members 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 Vote taken on the question, Shall.the Ordinance Pass, received the following response: Ayes - Directors Kei Langston, Morse, Bussey,.Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. Whereupon, the Ordinance was declared PASSED. Resolution No. 6,299 was presented, with the title being: A RESOLUTION AUTHORIZING A.WAIVER OF THE CITY'S RIGHT OF ACQUISITION OF A MASTER PARKS PLAN COMPONENT AT SITE 10 -NF; THE AREA OF THE SOUTHEAST CORNER OF NORTH TAYLOR STREET AT SOUTH GRANDVIEW; AND FOR OTHER PURPOSES; and after a complete.reading of the Resolution, there was a motion by Director Keith, seconded by, Director Morse,.for. adoption of the Resolution. A roll call was taken and the Resolution was sub- , sequently adopted as herein recorded: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - .None; Absent.- 'None: Again, a proposed Ordinance was presented with the following heading: AN ORDINANCE GRANTING A FRANCHISE TO CARL KEYES FOR AN ENCROACHMENT UPON THE PUBLIC RIGHT -OF -WAY AT 9923 ECHO VALLEY COURT IN THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; 1 Board of Directors - elect. There was a second reading of the Ordinance, and a subsequent motion from Director Keith, again seconded by.Director Jones,.for.a further suspension of the rules to allow for the third and last 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 resulting Aye and No Vote taken on the question, Shall.the Ordinance Pass, received the following response: Ayes - Directors Kei Langston, Morse, Bussey,.Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. Whereupon, the Ordinance was declared PASSED. Resolution No. 6,299 was presented, with the title being: A RESOLUTION AUTHORIZING A.WAIVER OF THE CITY'S RIGHT OF ACQUISITION OF A MASTER PARKS PLAN COMPONENT AT SITE 10 -NF; THE AREA OF THE SOUTHEAST CORNER OF NORTH TAYLOR STREET AT SOUTH GRANDVIEW; AND FOR OTHER PURPOSES; and after a complete.reading of the Resolution, there was a motion by Director Keith, seconded by, Director Morse,.for. adoption of the Resolution. A roll call was taken and the Resolution was sub- , sequently adopted as herein recorded: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - .None; Absent.- 'None: Again, a proposed Ordinance was presented with the following heading: AN ORDINANCE GRANTING A FRANCHISE TO CARL KEYES FOR AN ENCROACHMENT UPON THE PUBLIC RIGHT -OF -WAY AT 9923 ECHO VALLEY COURT IN THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; 1 MARCH 4, 1980, Cont'd. . 1. and the Ordinance was read the third and last time with the first. and sec6nd readings ;'having °_occurred on February 19; 1980. Mr. Carl Keys, Jr. who, requested the franchise in order to retain the basketball goal he erected in,his yard, again contended that the goal is not a traffic or safety hazard. He further stated he erected the goal for his childrens' recreation rather than have them go to the unsupervised neighborhood park where vandalism, speeding.and the use of "angel dust" occurs: Mr. Harold Grimmett a resident on the street; spoke in favor of granting Mr. Keys the franchise. Mr. William L. Terry, Attorney for several property owners on Echo Valley Court pointed out, "the Resolution says .!granting a franchise for an encroachment upon the public right --of -way' and, that is exactly what it does --- this is not a proper requesti:!' He presented a picture of the goal that appeared in the Arkansas Gazette and a copy of the street lay -out from the Bagley Map, advising that he had been unable•to reach an agreement among the property owners over the location of the goal. Mr. Terry said neighbors did not oppose the goal located out of the right -of -way on Mr. Keys' private property, and filed a petition signed by several persons explaining they did not fully understand what was involved when they signed a petition favoring the franchise; therefore, they requested the request be denied. Mayor Hubbell advised that he personally.would not oppose the goal but, because of neighborhood objections he would have to vote against the issue, with other Board Members expressing dislike for having to vote.on this kind of request. There was no further discussion and Director Keith made a motion that Mr. Keys�be granted a ten -day period for removal of the basketball goal. The motion was seconded by Director Langston and unanimously adopted by the Board Members present. An Aye and No Vote was then taken on the passage of the Ordinance with the response being: Ayes - None; Noes - Directors Keith, Langston, Morse, Shackel- ford, Mayor Hubbell and Director-Jones - total 6; Abstaining - Director Bussey - total 1; Absent - None. _Mayor Hubbell then announced that'the Ordinance had FAILED to -pass. Vice Mayor /Director Bussey requested that the Board of Directors consider a proposed Resolution that did not appear on the Official Agenda. Mayor Hubbell then asked that the Resolution, No. 6,300, be read as follows: • A RESOLUTION CONDEMNING A REPORT PREPARED BY-THE ARKANSAS ADVISORY COMMITTEE TO THE UNITED STATES CIVIL RIGHTS COMMISSION ENTITLED THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN ARKANSAS AND ACCEPTING AND ADOPTING A POLICY PAPER PREPARED BY THE OFFICE OF HUMAN RESOURCES IN RESPONSE TO THE ADVISORY COMMITTEE'S REPORT; and after the complete reading of the Resolution, a discussion ensued regarding the Report issued by ' The Arkansas Advisory Committee to the United States Commission on Civil Rights on February 25th, stating that Arkansas Cities have "failed to meet the primary objectives" of the.Community Development Block Grant Program. The Report said the programs particularly were deficient in citizen participation, the hiring of minority contractors and rehabilitating substandard housing. Mr. Nathaniel Hill, Director of the Department of Human Resources commented on the Report saying Little Rock had been "tarred with a broad brush" and that the methods used in the Committee's research made it highly doubtable that it reflected an accurate view of Community Development Block Grant programs in the State. He further added, "the report was biased in its structure, inadequate in its methodology, and simplistic in its conclusions and recommendations." It was Director Keith's and Director Morse's opinion that a Resolution should be adopted commending persons taking part in Little Rock's CDBG program, rather than criticize them. Mayor Hubbell indicated he would like to read the report and wait until Wednesday, March 12th, to act on the Resolution, while Director Jones said she was prepared to vote at this time. It was then generally mJ agreed to go ahead with the vote-on the Resolution.- Before a vote was taken, Director Langston made IIII a motion, seconded by Director Morse, that the title of the Resolution and Section 3 be amended to read: J MARCH 4. 1980. Cont'd. TITLE - "A RESOLUTION DISAGREEING WITH A REPORT PREPARED BY THE ARKANSAS ADVISORY COMMITTEE TO THE UNITED STATES CIVIL RIGHTS COMMISSION ENTITLED THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN ARKANSAS AND AUTHORIZING THE PREPARATION OF A POSITION PAPER TO BE PREPARED BY THE OFFICE OF HUMAN RESOURCES AND THE LITTLE ROCK BOARD OF DIRECTORS IN RESPONSE TO ' THE ADVISORY COMMITTEE'S REPORT. SECTION 3. - The preparation of a position paper by the Office of Human Resources and the Little Rock Board of Directors is hereby authorized, which reflects the official position of the City of Little Rock, with respect to its Community Development Block Grant Program." A voice vote was taken on the motion to amend the Resolution as stated above, and unanimously adopted by the Board Members present. A subsequent motion was made by Director Langston, seconded by Director Morse, that the Resolution, as amended, be adopted. The Resolution was then adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - 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 Langston, seconded by Director Keith, and by unanimous vote of the Board Members present, the meeting was recessed at 9:00 o'clock P. M. to reconvene on Wednesday, March 12, 1980 to consider an Ordinance regulating the sale of gold and silver in the City of Little Rock. ATTEST: APPROVED: wall City Clerk Mayor 28� j Board of Directors Chamber Little Rock, Arkansas , March'12;'1980 - 9:30 A. M. I The Board of-Directors-of the City of Little Rock, Arkansas' met --in - reconvened- session -`from I March 4,.1980 with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Langston, Morse, Shackelford and Jones - total 4; Absent - Directors Keith and Bussey. II A quorum was declared to be present and the meeting therefore, proceeded as herein described: Director Bussey was enrolled. The first presentation was Ordinance No. 13,801, entitled: i; r" AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ADDING A SUBSECTION TO SECTION 21 -13.1 WHICH PROVIDES FOR A LICENSE TAX FOR PRECIOUS METAL DEALERS; AMENDING THE CODE OF ORDINANCES BY ADDING AN ARTICLE TO CHAPTER 21 ENTITLED "ARTICLE III. DEALERS IN PRECIOUS METALS ", REGULATING DEALERS IN PRECIOUS METALS; PROVIDING A PENALTY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Assistant City Attorney Sherry Means explained the provisions of the proposed Ordinance and there was a general discussion on several amendments to the I , Ordinance as read. The amendments included: requiring that a photograph of the goods be furnished to the dealer; requiring that the goods be retained in the original condition:in which they were received for a thirty -six hour period; upon conviction, the guilty shall be fined not less than $100.00 nor more than $500.00 for each offense or by imprisonment for not more than one year; and I add a Severability Section. After the discussion, Director Langston made a motion, seconded by i Director Morse that: "Section 21 -24 be amended to add: (J) "Photograph ". In this space the dealer shall attach a photograph of the the goods received. i Section 21 -25 be amended to add: and all such goods shall be retained in the original condition in which they were received during said thirty -six hour period. Section 21 -27 be amended to add: ' or by imprisonment for not more than one year. That the Ordinance include a Severability Section, as follows: Section 3. Severability. The subsections, paragraphs, sentences, clauses phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or subsection of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, that unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs or sub- sections of this Ordinance since they would have been enacted with- I out the incorporation in this Ordinance of the unconstitutional phrase, clause, sentence, paragraph or subsection." jThe motion to amend the Ordinance as described above, was adopted by unanimous voice vote of the I Board of Directors present. The rules were then suspended and the Ordinance, as amended, was placed on its second reading by a motion from Director Langston, seconded by Director Morse, which was un- animously 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, as amended, and a subsequent motion from Director Langston, seconded by Director Jones, for a further suspension of, the rules to allow for the third and last reading of the Ordinance, as amended, 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, as amended,.was read the third and last time. The resulting Aye and No Vote taken on the question, Shall the Ordinance Pass, received the following response: Ayes - Directors Langston, Morse, Bussey_, Shackelford, Mayor Hubbell V/ MARCH 12, 1980, Cont'd. and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. I I The Emergency Clause contained in Section 4 of the foregoing Ordinance was, at this time, read and adopted by the following vote: Ayes - Directors Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith- total 1. Whereupon, the NI Ordinance, as amended, with the Emergency Section was declared PASSED. A discussion ensued regarding the position paper prepared by the Department of Human Resources authorized in Resolution No. 6,300, adopted March 4, 1980, in response to a report prepared by the Arkansas Advisory Committee to the United States Civil Rights Commission on The Community Development Block Grant Program in Arkansas. Mr. Nathaniel Hill, Director of Human Resources summarized the III position paper and requested its approval. Director Shackelford pointed out a problem that she had on Page 2 to Mr. Hill, stating that she had "a problem tieing 1976 to November, 1978. Mayor Hubbell then II I requested that Mr. Hill meet with Director Shackelford regarding her problem and that he attach the 11 "make -up" of the Board of Directors from 1970 to 1980 to the Report. Mr. Hill was then authorized to I� I.I. go ahead with the Position Paper. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Langston, seconded by Director Morse, and by unanimous vote of the Board Members 1 present, the meeting was adjourned at 10:05 o'clock A. M. to meet again on Wednesday, March 26, 1980 at 7:30 o'clock P. M., due to Board Members attending the Annual Congressional Cities Conference sponsored by the National League of Cities being held the week of the regular meeting date. Ili ATTEST: ��'LC �V APPROVED: City Clerk Majyori� dE # # # dE iF iE iE 3E 3E # 3F I zso' P - :_ - — - - - -- i Board of Directors Chamber Little Rock, Arkansas I' March 26, 1980 - 7:10 P. M. The Board of Directors of the City of Little Rock, Arkansas met in rescheduled session with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors I Keith, Langston, Morse, Shackelford and Jones - total 5; Absent - Director Bussey - total 1. With there being a quorum present, it was duly announced, and the meeting proceeded as herein i� described. The purpose of convening before 7:30, the regular meeting time, was to discuss and make appoint- ments to certain - Boards and Commissions. The membership of the Planning Commission was discussed and it was stated that several members had failed to attend the required number of meetings, and that one resignation from the Commission had occurred. The total number of vacancies on the Commission was I three; one being held by Ms. Winifred Whitfield who had missed several meetings. She had written a i letter to the Board.of Directors stating that she would endeavor to attend the Commission meetings. Director Bussey was enrolled. A motion followed from Director Langston, seconded by Director Morse that we "vote to accept Ms. Whitfield's letter to remain on the Planning Commission." A roll call vote was taken on the motion 9 with the results recorded as follows: Ayes - Directors Shackelford and Jones - total 2; Noes - Directors Keith, Langston, Morse, Bussey and Mayor Hubbell - total 5; Absent - None. With the motion 11 failing, nominations were then made to fill the three vacancies on the Commission. The names of Betty Turner, Ron Tabor, Paul Morris, Ray Cox, Calvin Scribner and Dorothy Arnett were placed in ` nomination and the Directors voted by written ballot. Mayor Hubbell announced the'results with Ron Tabor and Calvin Scribner receiving five votes and Ms. Dorothy Arnett receiving six votes, whereby they were appointed to the Planning Commission. In the discussion, Mr. B. Finley Vinson was reappoint- ed to the Advertising and Promotion Commission, Directors Keith and Shackelford were reappointed to the Economic Opportunity Agency of Pulaski County and Director Bussey was appointed to the Central Arkansas Criminal Justice Planning Council. Resolution No. 6,301 was then presented making these appointments, with the title being: I� A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE ADVERTISING AND PROMOTION COMMISSION, ' THE ECONOMIC OPPORTUNITY AGENCY OF PULASKI COUNTY, THE CENTRAL ARKANSAS CRIMINAL JUSTICE PLANNING COUNCIL, AND THE LITTLE ROCK PLANNING COMMISSION; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. There was a motion by Director Morse that the Resolution I be adopted. The motion was seconded by Director Keith and the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and PDirector Jones - total 7; Noes - None; Absent - None. The Invocation was given at this time by Director Morse. Director Shackelford was excused. At this point in the meeting Mr. Sheffield Nelson, President of Arkansas Louisiana Gas Company made a presentation of $9,250.00 to Police Chief Walter Simpson for use in the TV program entitled, it "Crime Stoppers." The check represented contributions made by the business leaders for the continuance I of the program. Mayor Hubbell then presented a "Certificate of Appreciation" to Mr. Nelson for his I efforts in making the contribution possible. I The next presentation was Resolution No. 6,302, entitled: - A RESOLUTION COMMENDING LITTLE ROCK FIRE DEPARTMENT CAPTAIN W. A. DAVIS FOR HIS DEVOTION TO DUTY AND HIS FELLOWMAN; AND FOR OTHER PURPOSES; 4 with said Resolution being read in full. Captain Davis was present to receive the Resolution appropriate - I 291 � MARCH 26 1980, Contd. Ill I ly framed and Mayor Hubbell requested that he introduce his family. A motion followed from Mayor III Hubbell, seconded by Director Morse, that the Resolution be adopted. A roll call was taken which III, adopted the Resolution as herein recorded: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor ' Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. i �I I, ,I Introduced at this time was Resolution No. 6,303, described as: A RESOLUTION COMMENDING LITTLE ROCK FIRE DEPARTMENT DRIVER LARRY DICKENS FOR HIS DEVOTION TO DUTY I, AND HIS FELLOWMAN; AND FOR OTHER PURPOSES; II i with the Resolution being read in its entirety. Mr. Dickens was presented a framed copy of the If Resolution and was requested to introduce his family. There was a motion by Mayor Hubbell that the Resolution be adopted. The motion was seconded by Director Morse and the Resolution was adopted by the I'I following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. presentation: The Consent Agenda consisting of the following items, was the next p �. (a) The Minutes of the previous meeting held on March 4, 1980 and the reconvened meeting ill held March 12, 1980• j (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for 1I the month of January, 1980. (c) The 1979 Audit Report of the City of Little Rock. f, (d) Resolution No. 6,304, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR I' THE PURCHASE OF HEAVY EQUIPMENT FOR THE DEPARTMENT OF COMMUNITY SERVICES; FOR THE ANNUAL CONTRACT FOR COLD PROCESS TIRE CAPPING; AND FOR PURCHASE OF COMPUTER TERMINALS FOR MANAGE- I MENT SUPPORT; AND FOR OTHER PURPOSES. II (e) Resolution No. 6,305, described as: A RESOLUTION APPOINTING A COMMITTEE TO NEGOTIATE THE SALE OF BONDS FOR THE CONVENTION CENTER; AND FOR OTHER PURPOSES. III By a motion from Director Bussey, seconded by Director Morse, will all members present voting Aye, the (a) Minutes.were approved as written and summarized to the members of the Board of Directors; I (b) The Comparative Statement of Income Account, Little Rock Municipal Water Works for month of January, 1980; and (c) The 1979 Audit Report of the City of Little Rock. A lengthy discussion ensued regarding an item of heavy equipment to be purchased which was in in Resolution No. 6,304. An aggregate spreader was shown on the fact sheet as Item 9, with the awardee being designated Moody Equipment Company. Attorney James M. McHaney, representing Little Rock Road Machiner Company whose bid was $1,400.00 higher than Moody Equipment Company, spoke in opposition to awarding the contract to Moody, because Little Rock Road Machinery Company had claimed the 5% Arkansas Bidder Preference ip provided by law and had designated it on their bid. Claiming the 5% preference made the bid of Little �I j Rock Road Machinery Company lower than Moody Equipment Company. Mr. McHaney advised that Little Rock i1 Road Machinery Company could make delivery within ninety days, while Moody's delivery date was ninety II! to one - hundred days, whereby the street work could get underway sooner by accepting the bid of Little II Rock Road Machinery Company. Director Morse then made a motion, seconded by Director Keith, that "all bids be rejected and that bids for the purchase of an aggregate spreader be readvertised." The motion was adopted by voice vote of 6 Ayes, 0 Noes and 1 Absent. With the motion having been adopted, this item was removed from the Resolution and (d & e) Resolution Nos. 6,304 and 6,305 were read in III full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, j{ I Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. III I 1114 II !� 1. _ VII 29 III�I MARCH 26, 1980, Cont'd. The following Zoning Matters were presented next, as approved by the Planning Commission: Z -3439 - From Arkansas Children's Hospital to rezone two City blocks on 9th Street between Marshall and Battery Streets, from "0 -3" General Office to 110 -2" Office and Institutional District. , Z- 3353 -A - From the 3 M Company to rezone 48.5 acres in the NW 1/4, Section 26, T1N, R12W, from "1 -3" Heavy Industrial to "M" Mining District. Z -3444 - From J. R. Tait to rezone the N/E Corner of Merrill Drive at Market Street, from "C -4" Open Display to "C -3" General Commercial District. Z -3442 - From Ronnie Hall, Agent for Billie Jane McGouirk Bussa, to rezone 41.54 acres at the S/E Corner of Baseline Road at I -30 (long legal description) from "R -2" Single - family District to "C -3" General Commercial and 11I -2" Light Industrial District. Z -3435 - From Bill Putnam, Agent for J. C. Harper, Jr., Charles H. Harper and W. A. Harper, to rezone 40 acres in the SW 1/4, SW 1/4, Section 20, T1N, R12W (vicinity of MOP Railroad & Patterson Street) from "R -2" Single - family District to 11I -2" Light Industrial District. As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,802 as follows) ' Ordinance No. 13,802 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 Langston, seconded by Director) Hussey, 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 ensued. A subsequent motion was made by Director Hussey to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Morse, 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith (abstained on Z- 3353 -A), Morse (abstained on Z- 3444), Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. An announcement followed that the ' Ordinance had PASSED. The next matter to be considered was a proposed Resolution, entitled: A RESOLUTION SETTING A PUBLIC HEARING ON APRIL 15, 1980, ON THE REQUEST BY PLEASANT RIDGE DEVELOP- MENT COMPANY (LOUIS E. SCHICKEL AND THOMAS E. WILKES) THAT THE BOARD RECONSIDER APPLICATION Z -3294 FOR COMMERCIAL AND OFFICE ZONING; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. Mr. Louis Schickel was present to address the Board and presented drawings of his proposed development on Highway No. 10, urging the Board to set a hearing to consider same, inasmuch as there is a need for this type of zoning in the area. Attorney David Henry presented opposition to Mr. Schickel's request, unless the Board would also consider setting a hearing for the Dan Phillips property on the S/W Corner of Highway No. 10 and Rodney Parham Road. After dis- cussion, Mayor Hubbell made a motion, seconded by Director Keith, that "the Planning Commission and our Staff, using their best judgment and expertise, review both zoning matters and have recommendations by the first meeting in May, and that the Resolution be amended to include both properties." The motion , was adopted by voice vote of the Board Members present by 6 Ayes, 0 Noes and 1 Absent. With the motion having been adopted, Resolution No. 6,306 was presented, with the title being: A RESOLUTION SETTING A PUBLIC HEARING ON MAY 6, 1980, ON THE REQUEST BY PLEASANT RIDGE DEVELOPMENT COMPANY (Z -3294 - LOUIS SCHICKEL AND THOMAS E. WILKES) AND THE REQUEST BY MR. DAVID HENRY (Z -3466) THAT J MARCH 26, 1980, Cont'd. THE BOARD RECONSIDER APPLICATION FOR NON- RESIDENTIAL ZONING; AND FOR OTHER PURPOSES; it and there was a complete reading of the Resolution after which a motion by Director Bussey, seconded by Director Morse, resulted in a roll call vote which adopted the Resolution by the following roll call ' vote: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Ordinance No. 13,803 was the next presentation and contained the following caption: AN ORDINANCE AUTHORIZING THE EXPENDITURE OF $200,000 FROM THE APPROPRIATION OF REVENUE SHARING FUNDS ALLOCATED IN CATEGORY C OF SCHEDULE II OF THE 1980 BUDGET AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO GOODMAN ENGINEERS, INC. FOR RENOVATION OF THE POLICE BUILDING HEATING, VENTILATING w, i AND AIR CONDITIONING SYSTEMS; AND FOR OTHER PURPOSES; 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 Langston and un- animously adopted by the Board Members present, being six in number and two - thirds or more of the members I of the Board of Directors - elect; and a second reading of the Ordinance ensued. There was a motion then made by Director Keith, seconded by Director Bussey, for a further suspension of the rules to permit the third and last 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 being taken on the passage of the Ordinance and recorded as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Whereupon, the Ordinance was declared PASSED. A Resolution, No. 6,307, was introduced and did not appear on the Agenda, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE SUIT ON THE STATUTORY PERFORMANCE BOND GIVEN BY.iWESTERN LITTLE ROCK LAND COMPANY, INC., AS PRINCIPAL AND UNITED PACIFIC COMPANY, AS SURETY, TO THE 1 ;C.'OF L I f ITTLE ROCK FOR LONGLEA PHASE 6 STREET AND DRAINAGE IMPROVEMENTS, AND FOR OTHER PURPOSES; an ,n s: ' ''.d ",'a °complete reading of the Resolution followed. There was a motion then made by Director Morse, ? ,seconded by Director Bussey, which resulted in a roll call vote whereby the Resolution was adopted as ':therein described: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. ' A Proposed Resolution had been placed on the Official Agenda entitled, "A RESOLUTION STATING THE INTENT OF THE CITY OF LITTLE ROCK TO CONSIDER INVESTING ITS FUNDS IN CERTIFICATES OF DEPOSIT OF LOCAL BANKS; AND FOR OTHER PURPOSES." An opinion from the City Attorney was requested regarding these proposed investments. The opinion had not been completed and the proposed Resolution was removed from the Agenda and deferred until a later date. Under "J" Citizen Communications, Mr. Paul Gross representing The Coin Place, et al, requested the Board of Directors to reconsider Ordinance No. 13,801, relative to precious metals dealers operatin, in the City of Little Rock. He further requested that the various dealers have an opportunity for in- put in the provisions governing this business. Mayor Hubbell then advised Mr. Gross that the City Attorney is currently working on some amendments to the Ordinance, and requested that he meet with Jack Magruder, City Attorney, to discuss his proposed amendments. Then, if they are not included in the final draft of the amendments, he may come back to the Board of Directors with his request. 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 9:10 o'clock P. M. to meet again in regular session on Tuesday, April 1, 1980 at 7:30 o'clock P. M. ATTEST: APPROVED: �l 6% �� City Clerk Mayor 3E 3E iE 3F iF 3E 3E # r J41 1 I Board of Directors Chamber ` Little Rock, Arkansas April 1, 1980 - 7:30 P —M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and City Clerk Jane Czech, and the following Directors were present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; Absent - None. 'j It was then announced that a quorum was present and the meeting proceeded as herein described: The Invocation was given by Assistant City Attorney Bob Taylor. j The first presentation from the Official Agenda consisted of the Consent Items, listed as h follows: (a) The minutes of the previous meeting held March 26, 1980. (b) The Report of the Central Arkansas Consortium for the period of October 1, 1978 to September 30, 1979. (c) The annual audit report of the Little Rock Advertising and Promotion Commission. (d) Resolution No. 6,308, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE ANNUAL PURCHASE OF GUARDRAILS AND PRECAST DECK UNITS; AND FOR OTHER PURPOSES. % J (e) Resolution No. 6,309, with the title being: J A RESOLUTION ACCEPTING THE RECO41ENDATIONS OF THE CETA ADVISORY COUNCIL AND CACETA 1 STAFF REGARDING SUMMER YOUTH PROGRAMS; ALLOCATING FUNDS; AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATION FOR SUCH FUNDS TO THE U. S. DEPARTMENT OF LABOR; AND FOR OTHER 1, PURPOSES. By motion of Director Morse, seconded by Director Langston, and a roll call vote with all members. present voting Aye, the Consent Items were dispensed with as follows: (a) The minutes of t P, .5 meeting were approved as written and summarized to the Board of Directors; (b) The report of .t ei Central Arkansas Consortium was received and filed; (c) The annual audit report of the Little 1 Advertising and Promotion Commission was received and filed; and (d $ e) Resolution Nos. 6,308'an ;. 6,309 were read in full and adopted by the following roll call vote: Ayes - Directors. Keith, Langsto v Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. ` Introduced at this time was an appeal by Attorney Christopher Barrier for Van Melson of the , Planning Commission's denial of Zoning Petitions Z -3384 and Z -3385 to reclassify Lots 7 and 8, Block }i 150 and Lots 4, 5 and 6, Block 171, John Barrow Addition to "C -1" Neighborhood Commercial Zoning. A motion was made by Director Keith, seconded by Director Bussey, and unanimously adopted by the Board Members present, which set the date of a Public Hearing on this zoning issue for Tuesday, April 15, 1980 at 7:30 o'clock P. M. Considered next was Resolution No. 6,310, containing the following title: A RESOLUTION SETTING THE DATE OF MAY 9, 1980, FOR THE PRESENTATION OF THE RESOURCE RECOVERY I SYSTEM PLAN; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Bussey, seconded by I Director Keith, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Presented for consideration at this point was Resolution No. 6,311, entitled: , A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE MAYOR OF THE CITY OF LITTLE ROCK TO EXECUTE ON BEHALF OF THE CITY OF LITTLE ROCK AN AGREEMENT OF UNDERSTANDING BETWEEN LITTLE ROCK AND PULASKI COUNTY �I RELATIVE TO SUBDIVISION AUTHORITY; AND FOR OTHER PURPOSES;. I with said Resolution being read in full and thereafter adopted upon motion of Director Morse, seconded _ _ APRIL 1, 1980, Cont'd. Resolution No. 6,312 was presented, with the title being: A RESOLUTION STATING THE INTENT OF THE CITY OF LITTLE ROCK TO CONSIDER INVESTING ITS FUNDS IN CERTIFICATES OF DEPOSIT OF LOCAL BANKS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A discussion followed in which Director Jones asked, "it is my understanding of the Resolution, if we vote for it, that we are not making this decision but, it is for Staff to proceed to see what the ramifications of this particular Resolution might be, and if there are any monetary decisions to be made, it will come back to this Board ?" Mayor Hubbell replied, "if it would cost the City money, certainly - I think that it expresses, if it doesn't cost the City money, that we keep the funds here locally." Director Jones again asked, "as far as staff involvement has a decision been made as to how the Staff will deal with this or will they make a report ?" Mayor Hubbell advised that they would have to make a report as to how they will handle the funds. Mr. E. Jack Murphy, Assistant City Manager for Administration commented that an agreement would be entered into with at least the four downtown banks and possibly Pulaski Bank. At this point, Director Bussey asked that Metropolitan Bank also, be included in the proposal. Mayor Hubbell stated that the intent of the Resolution is for the Staff to investigate investment of the fun locally as opposed to outside the State and City, and the Staff will come back with recommendations as to where funds could be invested, the procedure, and the cost to the City. There was no further discussion and a motion was made by Director Langston, seconded by Director Morse, that the Resolution be adopted. The resulting roll call vote provided for adoption of the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Ordinance No. 13,804 was the next presentation, described as: AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 13,801 AND SECTION 21 -13.1 OF THE CODE OF �P ORDINANCES; REPEALING SECTION 21- 13.1(Sl)(e) OF THE CODE OF ORDINANCES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time, followed by an explanation of the amendments from Deputy City Manager Floyd Villines. He explained that the Collector's Office is having problems with persons �i applying for a broker's license, as opposed to a precious metals dealers license of $100.00 per day, which is more expensive. Director Langston commented that the intent of the Ordinance is not to raise money, it is to stop the people from coming here and buying stolen items. The $100.00 per day license by Director Bussey, and by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. A proposed Ordinance was presented, with the title being: ' 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 BUILDING; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A discussion ensued in which Director Shackelford advised that Mr. and Mrs. Andrew Jefferies, owners of 2905 High Street, and Mr. George Walton, owner of 3310 West 16th Street, were in the process of making improvements to their property, with each having already spent in excess of $5,000 for that purpose. The Board Members were in agreement that property should not be condemned if the owners were planning or making an attempt to bring it up to the standard require ments. Director Shackelford then made a motion that the Ordinance be amended by deleting these two properties. Her motion was seconded by Director Langston and adopted by unanimous voice vote of the Board of Directors present. With the motion having been adopted and the ordinance amended, there was no motion for the suspension of the rules and the ordinance was left on the calendar for second reading. It was the concensus of Board Members that other properties might possibly be undergoing repairs and ' by delaying the Ordinance, property owners would have an opportunity to advise, whereby their property could be deleted from the list of condemnations. Resolution No. 6,312 was presented, with the title being: A RESOLUTION STATING THE INTENT OF THE CITY OF LITTLE ROCK TO CONSIDER INVESTING ITS FUNDS IN CERTIFICATES OF DEPOSIT OF LOCAL BANKS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A discussion followed in which Director Jones asked, "it is my understanding of the Resolution, if we vote for it, that we are not making this decision but, it is for Staff to proceed to see what the ramifications of this particular Resolution might be, and if there are any monetary decisions to be made, it will come back to this Board ?" Mayor Hubbell replied, "if it would cost the City money, certainly - I think that it expresses, if it doesn't cost the City money, that we keep the funds here locally." Director Jones again asked, "as far as staff involvement has a decision been made as to how the Staff will deal with this or will they make a report ?" Mayor Hubbell advised that they would have to make a report as to how they will handle the funds. Mr. E. Jack Murphy, Assistant City Manager for Administration commented that an agreement would be entered into with at least the four downtown banks and possibly Pulaski Bank. At this point, Director Bussey asked that Metropolitan Bank also, be included in the proposal. Mayor Hubbell stated that the intent of the Resolution is for the Staff to investigate investment of the fun locally as opposed to outside the State and City, and the Staff will come back with recommendations as to where funds could be invested, the procedure, and the cost to the City. There was no further discussion and a motion was made by Director Langston, seconded by Director Morse, that the Resolution be adopted. The resulting roll call vote provided for adoption of the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Ordinance No. 13,804 was the next presentation, described as: AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 13,801 AND SECTION 21 -13.1 OF THE CODE OF �P ORDINANCES; REPEALING SECTION 21- 13.1(Sl)(e) OF THE CODE OF ORDINANCES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time, followed by an explanation of the amendments from Deputy City Manager Floyd Villines. He explained that the Collector's Office is having problems with persons �i applying for a broker's license, as opposed to a precious metals dealers license of $100.00 per day, which is more expensive. Director Langston commented that the intent of the Ordinance is not to raise money, it is to stop the people from coming here and buying stolen items. The $100.00 per day license 2P6I1 APRIL 1, 1980, Cont'd. bothers him and he would also, like to do something regarding trade -ins at jewelry stores. Assistant City Attorney Bob Taylor advised that the Attorney's Office has problems with this amendment also. I� Several Board Members suggested that the proposed Ordinance be left on the calendar for second reading. i Deputy City Manager Floyd Villines advised that two persons have filed applications for the $150.00 -" license and requested that the Ordinance be amended to delete Section 1, and that the Board Mbroker proceed with the passage of Section 2, which repeals Section 21- 13.1(51)(e) of the Code of Ordinances in its entirety, requiring a license for precious metals brokers. Mayor Hubbell then made a motion that the Ordinance be amended to delete Section 1 of the Ordinance. The motion was seconded by Director h Langston and unanimously adopted by the Board Members present. There was a subsequent motion from Director Keith, seconded by Director Morse that the rules be suspended and the Ordinance, as amended, be placed on second reading; with the motion being unanimously adopted by the Board Members present, i 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, by the following title: AN ORDINANCE REPEALING SECTION 21- 13.1(51)(e) OF THE CODE OF ORDINANCES ENTITLED "GOLD AND OTHER PRECIOUS METALS BROKER" OF THE CITY OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. There was a motion from Director Keith, seconded by Director Morse, 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 i Directors - elect; and there was a third and last reading of the Ordinance. The resulting Aye and No fVote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - I None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was read and then submitted to a roll call vote whereby it was adopted as herein described: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. I Mr. Charles Mobley, Director of the CETA Programs requested that the Board adopt a Resolution accepting the recommendations of the CETA Advisory Council and the CACETA Staff regarding the summer I ` youth programs. He explained the types of proposal, number of participants, types of programs and the recommended amounts for funding. This Resolution was adopted in the Consent Agenda (Resolution , No. 6,309). Deputy City Manager Floyd Villines presented the written information to Board Members that Director Morse requested relative to the charts on administration of municipal services, on display in the Board's Conference Room. The last Resolution to be considered was Resolution No. 6,313, as follows: Ih A RESOLUTION COMMENDING THE "A" SHIFTS OF ENGINE COMPANIES ONE, TWO, FIVE AND EIGHT, TRUCK COMPANY � FOUR AND CHIEFS J. B. DAVIS AND B. E. MOSLEY FOR THEIR EXCELLENT WORK IN PUTTING OUT A FIRE AT 1524 CENTER STREET; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion was made by Director Morse, seconded by Director Keith, that the Resolution be adopted. The motion was submitted to a roll call vote which �I adopted the Resolution as herein described: Ayes - Directors Keith, Langston, Morse, Bussey, Shackel- ford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Under "J" Citizen Communications, Mr. Jerry Conrad of Rt. 1, Box 133B, Alexander, Arkansas, a ' private trash hauler, asked the Board of Directors what could be done to regain the business he has lost due to the annexation of Mabelvale. Deputy City Manager Floyd Villines advised that residents within the corporate limits are required to pay the sanitation fee but, that people do not want to pay 61 twice. Director Keith commented that this might be an opportunity for a workable program between the V it J APRIL 1. 1980, Cont'd. City and private haulers. Mayor Hubbell said no action would be taken ?at this time and. appointed Director Keith to work with Mr. Conrad in an attempt to solve the problem. Mr. Charles Riley, a member of the East Little Rock Community Task Force expressed the need for sidewalks on East 6th Street, and complained about the weed lot program in the vicinity of the East Little Rock Community Complex. He said there were vacant lots behind seven houses that were badly in need of attention. Director Morse suggested that Mr. Riley go to each property owner and have them sign a petition for the formation of an improvement district for sidewalks and the City Staff will draw the plans, and the City Attorney will assist in getting the improvement district formed. There being no further business to be presented'or to come before the Board of Directors, upon motion of Director Bussey, seconded by Director Shackelford, the meeting was recessed at 8:20 o'clock P. M. to meet again on Wednesday, April 9, 1980 at 9:30 o'clock A. M. to consider further amendments the Ordinance governing the operations of precious metals dealers in the City of Little Rock. ATTEST: City Clerk I Mayor I Board of Directors Chamber Little Rock, Arkansas April 9, 1980 - 10:00 A. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from April 1, 1980, with Mayor Hubbell presiding and Robbie Hancock, Assistant City Clerk, and the follow- ing Directors present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared to be present and the meeting, therefore, proceeded as herein described: Director Langston reported that the proposed amendments to the precious metals ordinance were jnot ready for Board action. I Resolution No. 6,314 was presented, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO MOODY EQUIPMENT COMPANY FOR A SELF- PROPELLED AGGREGATE SPREADER; AND FOR OTHER PURPOSES; which Resolution was read in full. A motion was made by Director Keith, seconded by Director Langston, that the Resolution be adopted. The resulting roll call vote provided for the adoption of the Reso- lution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and ' Director Jones - total 7; Noes - None; Absent - None. The next presentation was Resolution No. 6,315, entitled: A RESOLUTION DESIGNATING UNITED WAY OF PULASKI COUNTY, INC. AS THE APPLICANT /GRANTEE AGENCY FOR I A FEDERALLY FUNDED URBAN CRIME PREVENTION PROGRAM TO BE INSTITUTED IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Resolution was read in full. Upon motion by Director Keith, seconded by Director Morse, the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Mr. Mike J. Callahan of C $ R Coins, addressed the Board regarding the Precious Metals Ordinance and requested certain amendments be made to the ordinance relating to coin dealers and the purchase and sale of silver and gold bullion coins. He was advised to meet with Director Langston who is working on proposed amendments to the Ordinance. At 10:30 A. M. a motion was made by Director Keith, seconded by Director Langston, that the Board recess to Executive Session to discuss a personnel matter as requested by City Manager Carleton E. McMullin. The motion was unanimously adopted by the members of the Board of Directors present. At 11:35 A. M., the Board of Directors reconvened from Executive Session, with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors answering roll call: Directors i1 Keith; Langston, Morse, Bussey, Shackelford and Jones - total 6; Absent - None. Mayor Hubbell announced that no action would be taken at this time. There being no further business to be presented or to come before the Board of Directors, upon motion by Director Keith, seconded by Director Bussey, and by unanimous vote of the Board Members I� present, the meeting adjourned at 11:40 o'clock A. M. to meet again in regular session on Tuesday, April 15, 1980 at 7:30 o'clock P. M. ATTEST: e APPROVED: V9-_7?4 � City Clerk Mayor , tt i Board of Directors Chamber IIIIIII Little Rock, Arkansas April 15, 1980 - 7:30 P. M. (g) Resolution No. 6,317, with the title being: A RESOLUTION IN MEMORY OF MRS. ANNE ARCHER HOLMANN; By motion of Director Bussey, seconded by Director Jones, 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 1979 Audit Report of the Little Rock Municipal Water Works was received and filed; (c) The Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; (d) The 1979 Annual Report of the Little Rock, Arkansas Residential Housing Facilities Board was received and filed; (e) The 1979 Audit Report of Central Arkansas Transit was received and filed; and (f.& g) Resolutions No. 6,316 and 6,317 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total S; Noes - None; Absent - Directors Morse and Shackelford - total 2. The following Zoning Matters were presented next, as approved by the Planning Commission: Z -3456 - From Pat Bixler for James E. Hathaway, Jr. to rezone Lot 4R, Beverly Hills Addition (S /W Corner of Shackleford $ Mara Lynn Roads) from "R -S" Urban Residence to 110 -1" Quiet Office Use. Z -3450 - From Don Manes for Bird Cold Storage to rezone the S/E Corner of Mabelvale and Bowen Roads (long legal) from "R -2" Single - family District to "I -2" Light Industrial District. Z -3460 - From Kelton R. Brown, Jr. to rezone Tracts 2 $ 4, Tall Timber West Replat, Phase I, ' and Tracts 1 & 3, Tall Timber West, Phase 2, containing 1.75 acres, from "R -2" Single - family District to "R -4" Two - family District. Z- 3425 -A - By the City of Little Rock, Arkansas to rezone the S/E Corner of Markham and I -430 (long legal) from "0 -2" Office and Institutional to "0 -3" General Office Use. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Bussey and Jones - total 4; Absent - Directors Morse and Shackelford - total 2. It was announced that a quorum was present, and the meeting proceeded as herein recorded: The Invocation was given by Mayor Hubbell. Presented first from the Official Agenda were the Consent Items, described as follows: (a) The minutes of the previous meeting held April 1, 1980 and the reconvened meeting held April 9, 1980. (b) The 1979 Audit Report of the Little Rock Municipal Water Works. (c) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of February, 1980. ' (d) The 1979 Annual Report of the City of Little Rock, Arkansas Residential Housing Facilities Board. (e) The 1979 Audit Report of Central Arkansas Transit. (f) Resolution No. 6,316, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE PURCHASE OF TRAFFIC SIGNAL POLES, FOR PROTECTIVE CLOTHING FOR THE FIRE DEPARTMENT, FOR FIRE HOSES AND NOZZLES, BREATHING MASKS, AIR TANKS AND FIRE EXTINGUISHERS, FOR RECONSTRUCTION OF SIDEWALKS IN THE CENTRAL LITTLE ROCK CDBG AREA, AND FOR CONSTRUCTION OF IMPROVEMENTS AT KANIS PARK; AND FOR OTTLER PURPOSES; (g) Resolution No. 6,317, with the title being: A RESOLUTION IN MEMORY OF MRS. ANNE ARCHER HOLMANN; By motion of Director Bussey, seconded by Director Jones, 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 1979 Audit Report of the Little Rock Municipal Water Works was received and filed; (c) The Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; (d) The 1979 Annual Report of the Little Rock, Arkansas Residential Housing Facilities Board was received and filed; (e) The 1979 Audit Report of Central Arkansas Transit was received and filed; and (f.& g) Resolutions No. 6,316 and 6,317 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total S; Noes - None; Absent - Directors Morse and Shackelford - total 2. The following Zoning Matters were presented next, as approved by the Planning Commission: Z -3456 - From Pat Bixler for James E. Hathaway, Jr. to rezone Lot 4R, Beverly Hills Addition (S /W Corner of Shackleford $ Mara Lynn Roads) from "R -S" Urban Residence to 110 -1" Quiet Office Use. Z -3450 - From Don Manes for Bird Cold Storage to rezone the S/E Corner of Mabelvale and Bowen Roads (long legal) from "R -2" Single - family District to "I -2" Light Industrial District. Z -3460 - From Kelton R. Brown, Jr. to rezone Tracts 2 $ 4, Tall Timber West Replat, Phase I, ' and Tracts 1 & 3, Tall Timber West, Phase 2, containing 1.75 acres, from "R -2" Single - family District to "R -4" Two - family District. Z- 3425 -A - By the City of Little Rock, Arkansas to rezone the S/E Corner of Markham and I -430 (long legal) from "0 -2" Office and Institutional to "0 -3" General Office Use. APRIL 15, 1980, Cont'd. As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,805 as follows) Ordinance No. 13,805 was presented, containing the following title: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 Bussey, seconded by Director N� Keith, to suspend the rules and place the Ordinance on second reading. The motion was unanimously iIJ 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; and the second reading of the Ordinance ensued. A sub- sequent motion was made by Director Bussey to again suspend the rules and place the Ordinance on third and final reading; which motion was 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 the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. An announcement followed that the Ordinance had PASSED. Director Shackelford was enrolled. i Zoning Petition No. Z -3447 was the next presentation, having been submitted by Don R. Venhaus, Consultant for Mrs. Christian Finkbeiner, forwarded to the Board of Directors by the Planning Commiss without recommendation, to rezone 4523 Woodlawn (SE Corner Woodlawn at Beechwood) from "R -2" Single- family District to "C -1" Neighborhood Commercial District. Mr. Claude W. Newth, whose property at 519 North Beechwood Street abuts 4523 Woodlawn, spoke in opposition to the proposal. It was his opinio, there is no need for additional antique shops in the area, with his main concern being that of safety, as a furniture store would surely present a fire hazard. Attorney Hal Kemp of 321 North Spruce Street, also presented opposition, with his concern being that this service is not necessary and will further i increase traffic congestion in the area. He further stated that if property south of Woodlawn is rezoned for commercial use, "soon we will have it immediately north of Lee Avenue, thereby reducing the i living standards of the neighborhood." Mr. Don R. Venhaus, consultant for the applicant gave a back- ground on the property stating that he had lived in this neighborhood for a number of years and that the subject property is not a viable single - family property. Mr. Venhaus advised that the house will b I restored into an attractive structural function and should be a beneficial factor to Mr. Newth's proper from a value standpoint. He then made the following proposal: "We will submit in writing to you, a proposal that Mrs. Finkbeiner will not object to her zoning being withdrawn; give her six months to establish her use and withdraw the zoning on the property, so that there will be no 'C -1' Zoning on the property; she will exist as a non - conforming use; amend the ordinance to allow for the antique shop in a residential zone 'R -1' or 'R -2' District; and, if Mrs. Finkbeiner then wants to sell the antique shop A or make some changes in it, could come back in at that point as a conditional use permit. This would not zone the property 'C', 'C -1' or, would not have any further implications for commercial zoning in the area; and"it would give her an existing and future way to deal with her antique shop." He explaine i g g Y the property would be rezoned "C -1" as requested, the City Attorney would hold the ordinance, the Mayor would hold his signature and publication of the ordinance until a letter of commitment is received from ` Mrs. Finkbeiner that her zoning is going to be taken away in six months; that she will have six months to develop her antique shop, at which time the City will then dezone the property, and it will, at that point, become a non - conforming use. City Attorney Jack Magruder suggested that the Board of Directors i amend the existing ordinance to include conditional use under a residential classification but, advised it would be legal to do as suggested by Mr. Venhaus. It was then agreed to proceed as requested by �1 APRIL 15, 1980, Cont'd. Mr. Venhaus and the following Ordinance, No. 13,806, was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 4523 WOODLAWN 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; (See letter of commitment from Mrs. Finkbeiner attached to Ordinance) with there being a first reading of the Ordinance, followed by a motion by Director Langston that the rules be suspended and the Ordinance be placed on its second reading. The motion 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 the Ordinance was then read the second time. A subsequent motion was then made and seconded by Directors Keith and Jones, 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 -thix 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 - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was Zoning Petition No. Z -3451 from David Kennedy for The Church of the Living Word, for a Conditional Use Permit at 800 South Shackleford Road, described as Tract II, Reform School Addition, at the NW Corner of Shackleford Road at Breckenridge Drive, as approved by the Planning Commission. Mr. Kennedy was present to speak for the proposal and requested that the Church be granted a Waiver from the sidewalk requirements. There was no motion and second for the granting of this waiver and Mayor Hubbell announced that the waiver from the sidewalk requirements was DENIED. There was no opposition presented to the conditional use permit and Ordinance No. 13,807 was presented There was presented Ordinance No. 13,807, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SHACKLEFORD ROAD AT BRECKENRIDGE DRIVE, SETTING FORTH THE CONDITIONS, ATTACHED THERETO; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Bussey, which was seconded by Mayor Hubbell, that the rules be suspended and the Ordinance be placed on second reading; with the motion being unanimously adopted by members of theBoard 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 Bussey and seconded by Mayor Hubbell, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by voice 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, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. Mayor Hubbell then announced that the Ordinance had 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 26, 1980 of Zoning Petitions No. Z -3384 and Z -3385, ' submitted by Attorney Chris Barrier for Mr. Van Melson, requesting the rezoning of Lots 7 & 8, Block 150, John Barrow Addition, and Lots 4, 5 & 6, Block 171, John Barrow Addition, in the 3300 Block of Barrow Road, from "R -3" Single - family District to "C -1" Neighborhood Commercial. Mayor Hubbell declar the public hearing open and Mr. Barrier presented pictures of the subject properties and described the zoning classifications in the surrounding area. Mr. Barrier commented that the suggestion has been APRIL 15, 1980, Cont'd. made by the Community Development Block Grant Committee, in terms of land use, to use 36th Street for some type of commercial use instead of 33rd Street. He advised that this intersection has been zoned "F ", or now "C -3" for ten years and so far, nothing has happened at the intersection possibly because of the difficult terrain, accidents are discouraging and the drainage problems. Mayor Hubbell pointed out that the Staff has recommended that we approve the requested zoning and down zone 36th Street. Upon question by Director Jones, Mr. Nathaniel Griffin, Director of Comprehensive Planning stated that property had been down zoned previously on Broadway. Director Jones voiced support for the Ordinance and the down zoning of 36th Street. After further discussion, Mayor Hubbell declared the public hear- ing closed and Ordinance No. 13,808 was presented as follows: AN ORDINANCE RECLASSIFYING PROPERTIES LOCATED AT THE SOUTHEAST AND SOUTHWEST CORNERS OF 33RD STREET AND JOHN BARROW ROAD, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; (From "R -3" to "C -1" Neighborhood Commercial District) 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 Keith, 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 the Ordinance with the response being: Ayes Board of Directors - elect. There was a second reading of the Ordinance, after which there was a sub- Langston, Bussey, ' Sequent motion again made by Director Keith, seconded by Director Jones, to again suspend the rules and Noes - None; Absent - 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 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, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. The Ordinance was then declared PASSED. In conjunction with the reclassification of property located at 33rd Street and John Barrow Road, Resolution No. 6,318 was presented with the title being: A RESOLUTION DIRECTING THE STAFF OF THE PLANNING COMMISSION OF THE CITY OF LITTLE ROCK TO PRESENT A CASE FOR DOWNZONING A CERTAIN PROPERTY ON 36TH STREET IN THE JOHN BARROW ADDITION TO THE PLANNING COMMISSION AFTER THE STAFF HAS REVIEWED THE CDBG PLAN FOR THAT AREA; AND FOR OTHER PURPOSES; and a complete reading of the Resolution followed. There was a motion then made by Director Keith, ' seconded by Director Shackelford, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. Director Langston was excused. Ordinance No. 13,809 was presented, described as: AN ORDINANCE AMENDING ORDINANCE NO. 13,719, BEING THE MASTER STREET PLAN OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Regarding Setback requirements) and the Ordinance was read the first time, followed by a motion from Director Shackelford 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 by Directo Shackelford and again seconded by Director Jones, 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 Keith, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Langston and Morse - total 2. It was ,III V APRIL 15, 1980, Cont'd. I announced that the Ordinance had PASSED. i I The next presentation was Ordinance No. 13,810, with the following heading: i AN ORDINANCE APPROPRIATING FROM THE 1977 CAPITAL IMPROVEMENTS FUND $15,000 FOR IMPROVEMENTS AT i I KANIS PARK AND $5,000 FOR DRAINAGE WORK AT UNIVERSITY PARK; AND FOR OTHER PURPOSES; Il Ii with there being a first reading of the Ordinance. There was a motion at this time from Director Keith,p'I seconded by Director Bussey, 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 j rules were then suspended for the third and final reading of the Ordinance by a motion made and seconded by Directors Keith and Bussey, respectively, and unanimously adopted by the Board Members present, being I 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, which resulted as herein described: Ayes - Directors Keith, Bussey, Shackelford, Mayor Hubbell and 1 Director Jones - total S; Noes - None; Absent - Directors Langston and Morse - total 2. Whereupon, Vi the Ordinance was declared PASSED. { Director Langston was re- enrolled. Introduced at this time was a proposed Ordinance, entitled: `I AN ORDINANCE AMENDING SECTION 21 -13.1 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, I, ARKANSAS, BY ADDING A SUBSECTION TO ESTABLISH A PRIVILEGE LICENSE FOR STREET MUSICIANS WHO DERIVE THE III PRIMARY PORTION OF THEIR INCOME FROM MUSICAL PERFORMANCES ON THE STREET; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. Mr. Chris Thomson of 7700 Apache Road, who is a [' musician questioned the provisions of the Ordinance. He explained there are no musicians in Little Rock who derive their primary income from street performances adding, "what I had intended for this to I do was to allow people to receive some sort of contributions from the crowd without being thrown under NI�I the $100.00 per day musical show privilege license." Upon question by Mayor Hubbell, Mr. Thomson said there is no existing problem because most cities encourage this type of entertainment on their Malls, { but when the news media called the Collector's Office, they were quoted a fee of $100.00 per day for this type of entertainment. After discussion, Mayor Hubbell made a motion, seconded by Director Bussey,�I I that "we instruct the Staff not to enforce the Ordinance on street musicians until it becomes a problem , if it becomes a problem, we will worry about it then." Director Shackelford pointed out that Metro- centre has control over the Mall, regardless of what the Board does. Mr. Thomson advised that he has a permit from Metrocentre to play music on the Mall but, if he should put up a sign contributions I' accepted ", then he would come under the $100.00 per day fee, and that is what he wanted to eliminate. i Mayor Hubbell called for a vote on the motion not to enforce the Ordinance regarding street musicians which is recorded as follows: Ayes - Directors Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total S; Noes - Director Keith - total 1; Absent - Director Morse - total 1. There- II fore, the motion was ADOPTED. A subsequent motion then followed from Director Langston that the ail, Nl proposed Ordinance be tabled. The motion was seconded by Director Keith and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director b Jones - total 6; Noes - None; Absent - Director Morse - total 1. The proposed Ordinance was then i TABLED. II' Ordinance No. 13,811 was considered next, with the title being: I AN ORDINANCE AMENDING ORDINANCE N0. 13,801 AND AMENDING ARTICLE III OF CHAPTER 21 OF THE CODE OF ORDINANCES WHICH WAS ADDED TO THE CODE BY ORDINANCE N0. 13,801; AND FOR OTHER PURPOSES; �l (Re: Precious Metals Dealers) with said Ordinance being read the first time. Mr. Hubert Alexander was present to speak for the coin l i, dealers and stated that the proposed amendment was not what they intended to have before the Board. �Y �I Nu III �' APRIL 15, 1980, Cont'd. He further stated, "I think the amendment only exempts coin dealers from °photographing certain items. What we need is that you exempt all numismatics items and gold rings from any of the requirements of the Ordinance." Director Langston explained to Mr. Alexander that the purpose of the Ordinance is not ' to hurt the local dealers but, to slow down the sale of stolen merchandise. After lengthy discussion, Mayor Hubbell made a motion to amend the Ordinance by adding the following: "This Ordinance shall have no application to the purchase of coins except that when coins are purchased, the precious metal dealer must verify the seller's identification by taking down his name, address, driver's license number and retain a complete description of the coins; and, this Ordinance shall have no application to trans- actions involving loose teeth; and, removes the photograph requirement in the purchase of gold rings which have no mountings." The motion was seconded by Director Langston and unanimously adopted by voice vote of the Board Members present. A subsequent motion then followed from Director Keith, seconded by Director Jones, to suspend the rules and place the Ordinance, as amended, on its second reading. With 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, as amended, was read the second time. The rules were then suspended for the third and final reading of the Ordinance, as amended, by a motion made and seconded by Directors Keith 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, as amended, was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total;,- total 1. The Ordinance was then declared PASSED. Introduced next was another Ordinance, No. 13,812, relative to precious metals dealers and containing the following title: AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 013,801, WHICH ESTABLISHED A PRECIOUS METAL DEALERS' PRIVILEGE LICENSE TAX; AND FOR OTHER PURPOSES; ($100 per day or $300 for one year at the option of the purchaser) and there was a first reading of the Ordinance. There was a motion at this time 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 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 for the third and final reading of the Ordinance by a motion made and seconded by Directors Keith 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 Ordinance, which resulted as herein described: Ayes - Directors Keith, Langston, Bussey, Shackel- ford, Mayor Hubbell and Director Jones - total 6; Noes None; Absent - Director Morse - total 1. Mayor Hubbell announced the PASSAGE of the Ordinance. The next presentation was Ordinance No. 13,813, with the caption being: 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 BUILDING; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the second time, having been read the first time on April 1, 1980, and amended to delete 2905 High Street and 3310 West 16th Street. A motion was then made by Director , Keith and seconded by Director Shackelford, to suspend the rules to provide for the third and last reading of the Ordinance, as amended. 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. There was a third and last reading of the Ordinance, as amended, resulting in an Aye and No APRIL 15, 1980, Cont'd. Vote being taken on the question, Shall the Ordinance Pass, and the vote is herein recorded as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noe ' None; Absent - Director Morse - 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, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. It was therefore, declared that the Ordinance, together with the Emergency Section had been PASSED. There was presented Resolution No. 6,319, entitled: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF LITTLE ROCK A QUITCLAIM DEED SELLING CERTAIN REAL PROPERTY IN THE CITY OF LITTLE ROCK TO JOHN B. MAY; AND FOR OTHER PURPOSES; (25 ft. strip on Fillmore Street between 10th & 11th Streets) which Resolution was read in full. A motion was made by Director Keith, seconded by Director Shackel- ford, that the Resolution be adopted. The motion was submitted to a roll call vote which adopted the Resolution as herein described: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. The last Resolution, No. 6,320, was requested by City Attorney Jack Magruder, which did not appear on the Official Agenda and contained the following title: A RESOLUTION AUTHORIZING AN AMENDMENT TO AMENDED AND SUBSTITUTED LEASE AND AGREEMENT BE AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND SAVERS FEDERAL SAVINGS AND LOAN ASSOCIATION, LITTLE ROCK, ARKANSAS, AS LESSEE, IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH BELOW, AUTHORIZING THE EXECUTION AND DELIVERY OF THE AMENDMENT; AND PRESCRIBING OTHER MATTERS RELATING THERETO; (To correct the legal description of Parcel A of the Leased Premises Airspace) and there was a complete reading of the Resolution. A motion then followed from Mayor Hubbell that the Resolution be adopted. The motion was seconded by Director Shackelford after which a roll call was taken and the Resolution was adopted as follows: Ayes - Directors Bussey, Shackelford, Mayor Hubbell and Director Jones - total 4; Noes - Director Keith - total 1; Abstaining - Director Langston - total 1; Absent - Director Morse - total 1. Under "Citizen Communications" Mr. Richard Wood read a prepared statement relative to smoking on the Central Arkansas Transit busses. He stated that all busses have "no smoking" signs posted however, they are ignored by many, even some of the bus drivers. He requested that Section 13 -9 of the Code of Ordinances be amended to include busses; and, that the Bus Company be asked to enforce the regulations. Mayor Hubbell then requested that Directors Langston and Bussey present the matter to the Central Arkansas Transit Board. In::conclusion, Mayor Hubbell expressed the need for the Board to embark on the search for a new City Manager, inasmuch as Carleton E. McMullin had submitted his resignation effective July 11, 1980. Mayor Hubbell recommended that the position be advertised in the International City Manager Association publication and in a local newspaper, and that a deadline of June 1, 1980 be set for submission of applications. He further suggested that the applications be sent to the Mayor's Law Office and, after the deadline, that the Board review the applications and proceed with a workable number for the selection of a new City Manager. I APRIL 15, 1980, Cont'd. I There being no other business to be presented or to come before the Board of Directors, upon motion of Director Bussey, seconded by Director Keith, the meeting was adjourned at 9:45 o'clock r — P. M., to meet again in regular session on Tuesday, May 6, 1980 at 7:30 o'clock P. M. ATTEST: Pne APPROVED: 'Ovee 4C100owl City Clerk Mayor I Y 4, I i I i I, F I I lil I 4� i �I Y V I 0'_7 Board of Directors Chamber +J Little Rock, Arkansas May 6, 1980 - 7:30 P. M. I JJ The Board of Directors of the City of Little Rock, Arkansas met in regular session�l i. with Mayor Hubbell presiding and City Clerk Jane Czech, and the following Directors "I present: Directors Keith, Langston, Morse, Bussey and Jones - total 5; Absent - 1 Director Shackelford - total 1. 111, Il A quorum was declared to be present, and the proceedings of the meeting are recorded as follows: The Invocation was given by Vice -Mayor Bussey. I The first matter before the Board was a presentation by Mr. Don McChesney, City Engineer, on the Honeywell traffic signal computerization project. He said.the project to synchronize traffic lights downtown and on University Avenue is on schedule and a iJl' portion may be operational by September, adding "the project will save residents JG $1,600,000 a year by reducing accidents, lowering operating costs (through cutting time ' spent sitting at lights with the engine running) and burning less gasoline, with the I I, VI savings in gasoline along being approximately $1,000,000 a year." Upon request of the Directors, Mr. McChesney gave a progress report on the I -630 li Project. He reported that 9th Street will soon be closed in downtown for construction �11 of the remainder of I -630. He advised that a compromise has been reached with 7th jll Street merchants, which will keep 7th Street two -way and still allow for parking on one side. Parking on the south side of 7th Street was banned about three weeks ago, which will permit two lanes east -bound to handle 55,000 cars a day coming off I -630 I into downtown. Parking will be allowed on the north side of 7th Street. In conclusio Mr. McChesney stated that seven temporary lights (five from the Highway Department and II two from the City) will divert through traffic onto Pulaski and Cross Streets, which 11, will be made one -way south of 3rd Street to the construction site; and, several large L; turn radii will have to be constructed for the diversion. �I Presented next from the Official Agenda were the Consent Items, consisting of the following: (a) The Minutes of the previous meeting held on April 15, 1980. Ij (b) The Report of Commissioners of Broadmoor Recreational Area Improvement I District No. 2. (c) Resolution No. 6,321, entitled: A RESOLUTION APPOINTING SUCCESSOR COMMISSIONERS FOR BROADMOOR d�III RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 2 OF LITTLE ROCK, ARKANSAS. (d) Resolution No. 6,322, described as: �. � A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE 1980 STREET RESURFACING, THE 1980 SLURRY SEAL PROGRAM, FOR ASPHALTIC HOT MIX, FOR CONCRETE AND METAL PIPE, AND FOR A STAKE BODY TRUCK i FOR THE STREET DEPARTMENT; AND FOR OTHER PURPOSES. (e) Resolution No. 6,323, with the title being: A RESOLUTION AUTHORIZING THE EXTENSION OF THE CITY'S CONTRACT WITH UNIMARK McDONALD, INC. FOR PUBLIC LIABILITY INSURANCE FOR CITY OFFICIALS FOR ONE YEAR, AND FOR OTHER PURPOSES. I�r (f) Resolution No. 6,324, containing the following title: I A RESOLUTION AUTHORIZING THE GRANTING OF AN EASEMENT TO ARKANSAS POWER i I II i MAY 6, 1980, Cont'd. AND LIGHT FOR RIGHT- OF- WAY:ON SHACKLEFORD ROAD; AND FOR OTHER PURPOSES. (g) Resolution No. 6,325, with the following caption: A RESOLUTION INCREASING THE MAXIMUM LIMIT FOR THE CDBG LOAN /GRANT PROGRAM FROM $5,000.00 TO $7,500.00; INCREASING THE MAXIMUM LIMIT FOR THE CDBG EMERGENCY GRANT PROGRAM FROM $1,500.00 to $2,000.00; AND FOR OTHER PURPOSES. (h) Resolution No. 6,326, entitled: A RESOLUTION AUTHORIZING THE EXTENSION OF FIRE SERVICE CONTRACTS FOR CERTAIN BUSINESSES LOCATED OUTSIDE THE CITY LIMITS FOR A ONE YEAR PERIOD; AND FOR OTHER PURPOSES. (Siemen's Allis; Independent Air Conditioning; 3 M Granite Plant; and Levi Strauss) 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 follows: (a) The Minutes were approved as written and summarized to the Board of Directors; (b) The Report of Commissioners of Broadmoor Recreational Area Improvement District No. 2 was received and filed; and (c, d, e, f, g and h) Resolutions No. 6,321, 6,322, 6,323, 6,324, 6,325 and 6,326 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. There was presented Resolution No. 6,327, entitled: A RESOLUTION CHANGING THE DATE OF THE PUBLIC HEARING AND SETTING THE DATE OF THE PUBLIC HEARING FOR MAY 20, 1980 ON THE REQUEST BY PLEASANT-RIDGE DEVELOPMENT COMPANY (ZONING CASE Z -3294 BY LOUIS SCHICKEL AND THOMAS E. WILKES) AND THE REQUEST BY DAVID HENRY (CASE Z -3466) THAT THE BOARD RECONSIDER EACH OF THEIR APPLICATIONS FOR NON- RESIDENTIAL ZONING; AND FOR OTHER PURPOSES; which Resolution was read in full. A motion was made by Director Keith, seconded by Director Langston, that the Resolution be adopted. The motion was submitted to a roll call vote which adopted the Resolution as herein described: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Ordinance No. 13,814 was presented, containing the following title: AN ORDINANCE APPROPRIATING $15,000.00 FROM CATEGORY "B" OF THE GENERAL FUND AUTHORIZING THE'CITY MANAGER TO AWARD A CONTRACT FOR THE DESIGN OF A COMMUNICATIONS SYSTEM; AND FOR OTHER PURPOSES; and after a 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 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 ensued. A subsequent motion was made by Director Keith to again suspend the rules and place the Ordinance on thir and final reading; which motion was seconded by Director Bussey, and adopted by un- animous vote of the members of the Board of Directors present, being six in number an two - thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. An announcement followed that the Ordinance had PASSED. L MAY 6, 1980, Cont'd. The next presentation was Ordinance No. 13,815, with the title being: AN ORDINANCE APPROPRIATING $12,978.66 FOR LEGAL FEES IN THE CASE OF LEADERSHIP ' ROUNDTABLE; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Bussey, 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 subsequently read the second time, resulting in a motion made by Director Keith and seconded by Direct Bussey, for a further suspension of the rules to allow for the third and final of the Ordinance. The motion was unanimously adopted by voice 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 ing of the Ordinance. There was an Aye and No Vote then taken on the question, Shall VrVl the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston) ' Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Mayor Hubbell then announced that the Ordinance had PASSED. An announcement was made by Mayor Hubbell that a public hearing had been set for this time and place on the matter of issuance of taxicab operators' permits for 1980. He then declared the public hearing open and invited those wishing to speak to come forward. Mr. Thomas Robinson was the only person to speak and he endorsed Coy Andrews, Frank Inman and Arin Iseman and recommended that permits be issued to them for 1980. The public hearing was declared closed and Ordinance.No. 13,816 was pre ed, described as: AN ORDINANCE AUTHORIZING THE ISSUANCE OF CERTAIN TAXICAB PERMITS FOR THE 1980 was a second reading of the Ordinance, after which there was a subsequent motion made by Director Morse, seconded by Director Langston, to again suspend the rules and plac 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 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, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was Ordinance No. 13,817, containing the follc ing heading: AN ORDINANCE AMENDING ORDINANCE NO. 13,798 ESTABLISHING INSURANCE REQUIREMENTS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A discussion followed in which several persons expressed opinions. Mr. Thomas Robinson, an independent taxicab operator asked that the requirements be established in accordance with the 1939 State Law and YEAR; 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 from Director Keith, 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, after which there was a subsequent motion made by Director Morse, seconded by Director Langston, to again suspend the rules and plac 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 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, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was Ordinance No. 13,817, containing the follc ing heading: AN ORDINANCE AMENDING ORDINANCE NO. 13,798 ESTABLISHING INSURANCE REQUIREMENTS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A discussion followed in which several persons expressed opinions. Mr. Thomas Robinson, an independent taxicab operator asked that the requirements be established in accordance with the 1939 State Law and MAY 6, 1980, Cont'd. be set at the rate of $10,000/$20,000 /$5,000. In response to the request by Mr. Robinson, Director Langston advised that since this law was enacted, prices have sky rocketed - - cars are no longer $3,000; wages have gone up; medical expenses have gone s , up and when you are liable for a person's injuries, $10,000 is not adequate coverage. Mr. Bob James of Black & White Cab Company stated that it is not a question of insurance costs but, "public protection" and voiced opposition to a protection level of only $10,000. Director Keith contended that the requirements should be consistent with the State Law. Mr. Roy Finch, Attorney for the Yellow -Dixie Cab Company opposed lowering the requirements. Upon question by Director Jones, Mr. Carleton McMullin, City Manager, advised that the Staff believes the State Statute is inadequate and that the public interest is serviced by having protection for every person driving a-cab. Director Morse then commented that requirements should be set at a figure we can live with. A motion was then made by Director Jones to amend the Ordinance to "require $50,000 for the injury or death of any one person and subject to that limit for each person; $100,000 for each accident, and for damage to property; and $25,000 for each accident." The motion was seconded by Director Bussey and adopted by unanimous voice vote of the ' Board of Directors present. A subsequent motion was then made by Director Bussey to suspend the rules and place the Ordinance, as amended, 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, as amended, ensued. The rules were again suspended and the Ordinance, as amended, placed on its third and final read- ing by a motion made by Director Jones and 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. Following the third and last reading of the Ordinance, as amended, there was an Aye and No Vote taken on the passage of the Ordi- nance, as amended, which resulted as herein recorded: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - 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, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. It was therefore declared that the Ordinance, as amended, together with the Emergency Section had been PASSED. Considered at this time was Ordinance No. 13,$18, with the title being: AN ORDINANCE RENEWING FOR THE YEAR 1980 AMBULANCE SERVICE OPERATORS FRANCHISES FOR A -1 AMBULANCE SERVICE, INC. AND MEDIC -VAC AMBULANCE SERVICE, INC. WITHIN THE CITY OF LITTLE ROCK; AUTHORIZING THE ISSUANCE OF THE NECESSARY PERMITS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. Mr. R. David Lewis, Attorney for Medic - Vac Ambulance Company told the Board that "based upon step by step comparison of these two ambulance companies, the citizens would receive better emergency medical care if we receive at least, the area recomm ended by your people. With more ambulances, better ambulances and qualified personnel,.we would ask to serve the maximum area." Mr. Ken , White of A -1 Ambulance Company stated that his firm had operated in Little Rock for the past twenty -three years. He presented a petition to the Mayor, signed by approximately 167 persons in the southwest part of town, stating they would prefer A -1 Ambulance Service. City Manager Carleton E. McMullin explained that the change is not a signif- MAY 6, 1980, Con't'd. icant one; that there are two companies wanting the majority of the business. The franchise only covers call dispatched from the police and fire departments when no �II ' ambulance company is specified. Either company can pick up anywhere in the City if they are requested. Upon question by Director Jones, Mr. Melvin White, Director of V General Services, advised "we do and have had, periodical complaints 6n both companies.''V' I� When questioned by Mayor Hubbell regarding boundaries, Mr. Ken White said, "yes we do have objections - we would like to have the whole City and I think the lines have been IV� drawn unfairly." There was no further discussion and a motion followed from Director iJ Morse that the rules be suspended and the Ordinance be placed on its second reading. Ifl The motion was seconded by Director Langston, unanimously adopted by the Board Members II present, being six in number and two- thirds or more of the members of the Board of j it Directors - elect, and the Ordinance was then read the second time. A subsequent motion was then made and seconded by Directors Keith and Morse, respectively, for a further I 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, be 1 n +, 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 ensuing Aye and No vote 1! taken on the passage of the Ordinance received the following response: Ayes - Directory i Keith, Morse, Mayor Hubbell and Director Jones - total 4; Noes - Directors Langston VI� and Bussey - total 2; Absent - Director Shackelford - total 1. Therefore, it was Ill announced that the Ordinance had PASSED. I A proposed Ordinance was presented, with the title being: �l AN ORDINANCE AUTHORIZING THE GRANTING OF A FRANCHISE TO MR. THOMAS M. COYNE TO USE A PORTION OF THE PUBLIC RIGHT -OF -WAY AT 313 MAIN STREET FOR TWO OPENINGS IN THE SIDEWALK; AND FOR OTHER PURPOSES; l JI and said Ordinance was read the first time. A motion then followed from Director Keith, seconded by Director Langston, 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. There was no motion for �(I the suspension of the rules for the third and final reading, and the proposed Ordi- nance remained on the calendar for third and final reading on May 20, 1980. III' There was presented Resolution No. 6,328, described as: j A RESOLUTION AUTHORIZING THE CENTRAL ARKANSAS CONSORTIUM PRIVATE INDUSTRIAL COUNCIL PROGRAMS; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Bussey1 seconded by Director Morse, which resulted in a roll call vote whereby the Resolution 4 was adopted by the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackel- ford - total 1. The next presentation was Resolution No..6,329, containing the following caption:i'ili A RESOLUTION AUTHORIZING A PISTOL RANGE AGREEMENT TO BE ENTERED INTO WITH li ARKANSAS SHOOTING SPORTS ASSOCIATION, FOR THE OPERATION OF THE LITTLE ROCK REBSAMEN PARK PISTOL RANGE; AND FOR OTHER PURPOSES; I and there was a complete reading of the Resolution. Mr. Jack Veatch of the Arkansas Shooting Sports Association was present and stated the:Resolution is a good one, except' i for one statement - "Policy - C." He asked that the association be granted the right q { MAY 6. 1980, Cont'd. to use centerfire rifles. Vice Mayor Bussey made a motion to "direct the Staff to negotiate with the gun club to allow them to use rifles until a new range is built." City Attorney Jack Magruder commented that "all the City is being asked to do is execute a contract - I don't think formal Board action'to the extent of amending the Resolution will be required to do what you want to do, Director Bussey, - just instruct the Staff to get authority and the Board's support to amend the contract:" At this point, Mayor Hubbell stated that the Staff opposes any changes and advises this Board that they want to be held personally unliable for any injuries that might occur down there. There was no second to the motion by Director Bussey therefore, it failed to be adopted. City Manager Carleton E. McMullin advised the Board, "if the Shooting Association refuses this agreement, we will bring it back and tell you the provisions which it is being disagreed upon." There was no further discussion and a motion followed from Director Morse, seconded by Director Langston, that the Resoluti be adopted. The resulting roll call vote provided for adoption of the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Ordinance No. 13,819 was presented, with the title being: AN ORDINANCE AMENDING THE ANNUAL LICENSE CHARGE FOR WHOLESALE AND RETAIL LIQUOR DEALERS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES; ($500.00 for wholesale liquor dealers and $250.00 for retail liquor dealers) and upon first reading of the Ordinance, there was a motion from Director Keith, seconded by Director Langston, 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; and a second reading of the Ordinance followed. A motion was again made by Director Keith and seconded by Director Bussey, to further suspend the rules to allow for the third and final reading of the Ordinance; with the motion being adopted by unanimous vote of the members of the Board of Directors present, be 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 on the question, Shall the Ordinance Pass, received the following response: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford -total 1. It was then announced that the Ordinance had PASSED. Resolution No. 6,330 was subsequently presented, entitled: A RESOLUTION APPROVING THE URBAN CRIME PREVENTION PROPOSAL AS PREPARED BY THE UNITED WAY AGENCY AND AUTHORIZING THE SUBMISSION THEREOF; with said Resolution being read in its entirety. A discussion ensued in which Mr. Joe Timmons of the United Way Agency explained that Little Rock is one of probably fifty cities which will apply for one of the fifteen grants to fight neighborhood crim in the City. The grant is limited to cities with a population over 150,000. The successful cities will not be announced until mid - September. If approved, the grant will fund eleven projects by various groups and agencies in low and moderate :income neighborhoods. The entire project would be administered by the United Way of Pulaski County. Mr. Timmons said the proposal has three major goals. They are reduction in crimes against persons and property in the neighborhoods, increased attention to socia X33 MAY '6',' '1980, Cont'd. ,I'll and economic factors which lead to crime, and an improvement in the "quality of life" l in the neighborhoods b enhancing the residents' sense of ride and cohesiveness. The g g P y ' proposed projects include: rape education and victim - witness assistance programs in I, the nine CDBG neighborhoods; expansion of the neighborhood crime watch program and improved street lighting; development of a neighborhood crime patrol in the East Little II� Rock CDBG neighborhood; and, a youth employment project in the Woodruff School CDBG neighborhood. Mr. Muskie Harris was present and objected to the Central High Area not being included for a specific project but, was told "that neighborhood will receive I benefits from some of the projects" listed above. There was no further discussion and J! a motion was then made by Director Langston, seconded by Director Keith, 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, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - �I total 1. At this point in the meeting, City Attorney Jack Magruder advised the Board that it will be necessary to hold a public hearing on the subject of the "Suburban Develop- ' ment Plan" endorsed by the Little Rock Planning Commission, Director Langston made a motion that the public hearing be set on Tuesday, June 3, 1980 at 7:30 P. M. The lid, motion was seconded by Director Keith and adopted by unanimous voice vote of the member 1, of the Board present, being six in number with Director Shackelford absent. At this time, Vice Mayor /Director Bussey advised Mayor Hubbell that he wished to make a statement. Included in the statement, Director Bussey said, "I think it is aC crime for this Board to sit here and not try to do something to implement the affirm- J ative action that the Board voted on." Further, he requested that the Board ask the I I City Manager to bring to the agenda meeting, at least for his benefit, the time and effort that was spent on recruiting blacks and females for these top level management jobs (he refers to two or three recent job announcements). He requested the specific time and effort (not an average) spent in recruiting blacks and females for the positio is J mentioned above. Mayor Hubbell then asked that Mr. McMullin provide Director Bussey I I with the type of information he requested for the next Agenda Meeting. The next presentation was Resolution No. 6,331, which did not appear on the official agenda but, City Attorney Jack Magruder advised that it was necessary in 1 order to expedite the New Convention Project. The title of the Resolution is as J follows: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, III J SETTING THE DATE OF HEARING ON AN ORDINANCE TO VACATE, CLOSE AND ABANDON PORTIONS OF �I CERTAIN STREETS, ALLEYS AND RIGHTS OF WAYS SITUATED WITHIN AND ADJACENT TO BLOCK 79, ' FRACTIONAL BLOCK 80, AND BLOCK 81, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS; with the Resolution being read in full; after which the Resolution was adopted.upon III motion of Director Keith, seconded by Director Langston, and by the following roll call' vote: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. I Under "Citizen Communications" Mr. Barry Dawson of the Pleasant Forest Subdivision (II in Northwest Little Rock, complained of very low water pressure. Mayor Hubbell advised that this is a matter to be checked by the Water Company and told Mr. Dawson that he Y would be advised of the time and place of the next meeting of the Water Commission, I' at which time he can meet with them, to determine what can be done to alleviate the J problem. j MAY 6, 1980, Cont'd. i The last comment was made by Director Jones who stated that a citizen had taken her out Highway #10 to show her where raw sewage is seeping and that something should I be done about this unsanitary condition. Mayor Hubbell directed City Manager Carleton ' �i E. McMullin to take the matter up with the Wastewater Utility System. There being no further business to be presented or to come.before the Board of Directors, upon motion,,-of Director Bussey, seconded by Mayor Hubbell, the meeting was adjourned at 9:30 o'clock P. M. to meet again in regular session on Tuesday, May 20, 1980 at 7:30 o'clock P. M. ATTEST: APPROVED: II, City Clerk Mayor I i w �C j i I is I j I i I - I l �j I.I I Board of Directors Chamber A quorum was declared to be present and the proceedings of the meeting are record - ed-.as follows: The Invocation was given by Director Shackelford. Before the Consent Agenda was considered, several Resolutions were presented and various presentations were made, the first being Resolution No. 6,332, entitled: A RESOLUTION IN MEMORIAM OF NOEL DON McGUIRE; and there was a full reading of the Resolution. Upon motion by Mayor Hubbell, which was seconded by Director Langston, the Resolution was adopted by the following roll ca vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes -.None; Absent - None. Resolution No. 6,333 was presented, entitled: A RESOLUTION COMMENDING MR. DUB BENTLEY AND RAPE CRISIS, INC. FOR THEIR PARTICI- PATION IN A RAPE CRISIS PREVENTION PROGRAM IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and said Resolution was read in full, followed by a motion from Mayor Hubbell that the Resolution be adopted with the motion being seconded by Director Morse. Mayor Hubbell also, commended Mr. Nathaniel Hill and Police Chief Walter Simpson for their work and efforts in the program. A roll call was taken on the motion, which adopted the Reso- lution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayo Hubbell and Director Jones - total 6; Noes - None; Absent - None. At this point, Mayor Hubbell presented Ms. Brenda Reese, Director of the Neighbor- Little Rock, Arkansas ' May 20, 1980 - 7:00 P. M. The next presentation was the U. S. Department of Labor Summer Excellence Award, The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and City Clerk Jane Czech, and the following Directors were present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared to be present and the proceedings of the meeting are record - ed-.as follows: The Invocation was given by Director Shackelford. Before the Consent Agenda was considered, several Resolutions were presented and various presentations were made, the first being Resolution No. 6,332, entitled: A RESOLUTION IN MEMORIAM OF NOEL DON McGUIRE; and there was a full reading of the Resolution. Upon motion by Mayor Hubbell, which was seconded by Director Langston, the Resolution was adopted by the following roll ca vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes -.None; Absent - None. Resolution No. 6,333 was presented, entitled: A RESOLUTION COMMENDING MR. DUB BENTLEY AND RAPE CRISIS, INC. FOR THEIR PARTICI- PATION IN A RAPE CRISIS PREVENTION PROGRAM IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and said Resolution was read in full, followed by a motion from Mayor Hubbell that the Resolution be adopted with the motion being seconded by Director Morse. Mayor Hubbell also, commended Mr. Nathaniel Hill and Police Chief Walter Simpson for their work and efforts in the program. A roll call was taken on the motion, which adopted the Reso- lution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayo Hubbell and Director Jones - total 6; Noes - None; Absent - None. At this point, Mayor Hubbell presented Ms. Brenda Reese, Director of the Neighbor- standing performance. After the presentations to Ms. Reese and Ms. Estus, Mr. Charles Mobley, Director of the Manpower and CETA Programs, extended appreciation to the Board for "all you have done in making this possible, and for the cooperation and service you rendered to the program." Mr. Al Cors, Jr. of the National Rifle Association presented Vice Mayor Bussey with a plaque for his support of the renovation of the pistol range at Rebsamen Park. Vice Mayor Bussey accepted the plaque on behalf of the City Board of Directors. Resolution No. 6,334 was next presented, with the title being: A RESOLUTION RECOGNIZING AND COMMENDING CARLIES HONEYSUCKLE; AND FOR OTHER PURPOSES; (39 Years service to City) and the Resolution was read in its entirety. A motion was then made by Mayor Hubbell, hood Arts Program of the Arkansas Arts Center, with the U. S. Department of Labor ' Summer Excellence Award for her work and effort in the Summer Youth Employment Program. The next presentation was the U. S. Department of Labor Summer Excellence Award, presented to Ms. Carla Estus by State Senator Jerry Jewell, for achievement in the Comprehensive Employment Training Act Summer Youth Employment Program. Senator Jewell commented that this has been a beautiful program and praised Ms. Estus for her out- standing performance. After the presentations to Ms. Reese and Ms. Estus, Mr. Charles Mobley, Director of the Manpower and CETA Programs, extended appreciation to the Board for "all you have done in making this possible, and for the cooperation and service you rendered to the program." Mr. Al Cors, Jr. of the National Rifle Association presented Vice Mayor Bussey with a plaque for his support of the renovation of the pistol range at Rebsamen Park. Vice Mayor Bussey accepted the plaque on behalf of the City Board of Directors. Resolution No. 6,334 was next presented, with the title being: A RESOLUTION RECOGNIZING AND COMMENDING CARLIES HONEYSUCKLE; AND FOR OTHER PURPOSES; (39 Years service to City) and the Resolution was read in its entirety. A motion was then made by Mayor Hubbell, MAY 20, 1980, Cont seconded by Director Jones, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. After the presentations, the Consent Agenda was presented, consisting of the following items: (a) The Minutes of the previous meeting held May.6,11980:== (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of March, 1980. (c) The 1979 Audit Report of the Policemen's Pension & Relief Fund. (d) The 1979 Audit Report of the Firemen's Relief & Pension Fund. (e) The 1979 Audit Report of the Municipal Judges Retirement Fund. (f) Resolution No. 6,335, which did not include a title but, commended the members of the Woodruff School Neighborhood Planning Committee in the development of the Woodruff Neighborhood Plan. (g) A Report of the Commissioners-of Twin Lakes Recreational Area Improvement District No. 1 of Little Rock, Arkansas. (h) Resolution No. 6,336, containing the following title: A RESOLUTION APPOINTING SUCCESSOR COMMISSIONERS FOR TWIN LAKES RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 1 OF LITTLE ROCK, ARKANSAS. (i) Resolution-No. 6,337, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE CDBG PROGRAM STORM DRAINAGE AND STREET IMPROVEMENTS, FOR THE NINTH STREET IMPROVEMENTS, FOR OFFICE SUPPLIES AND FOR COMMERCIAL TRASH HAULING FOR THE CITY; AND FOR OTHER PURPOSES. (j) Resolution No. 6,338, with the title being: A RESOLUTION AUTHORIZING THE STAFF OF THE OFFICE OF COMPREHENSIVE PLANNING TO PREPARE A DISTRICT PLAN FOR THE JOHN BARROW AREA; AND FOR OTHER PURPOSES.- (k) Resolution No. 6,339, containing the following heading: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARK- ANSAS, CLARIFYING THE APPLICABILITY OF ITS ZONING ORDINANCE TO LANDS WITHIN THE UNIVERSITY PARK URBAN RENEWAL PROJECT, ARK R -51. (1) Resolution No. 6,340, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK ONE, SPRINGDALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Petition from Covenant Presbyterian Church to close half of the alley. Attached to the petition was a certified-copy of the plat from the Pulaski County Circuit Clerk and a letter from Beach Abstract &.Guaranty Company, naming the abutting property owners. The petition was approved by the Plann- ing Commission.) (m) Resolution No. 6,341, entitled: A RESOLUTION AMENDING RESOLUTION NO. 5,889 PERTAINING TO A TENNIS PROFESSIONAL AT WALKER AND REBSAMEN TENNIS CENTERS AND FOR OTHER PURPOSES. (Re: Fee for lessons) (n) Resolution No. 6,342, with the title being: A RESOLUTION ESTABLISHING FEES FOR THE USE OF TENNIS CENTERS. X3177 MAY 20, 1980, Cont'd. (o) Resolution No. 6,343, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE ACQUISITIONI, ' OF FOURTEEN PARCELS OF LAND REQUIRED FOR THE BLOUNT ROAD IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES. II By motion of Director Morse, seconded by Director Bussey, and a roll call vote with all i 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 Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; (c) The Policemen's Pension & Relief Fund Audit Report was received and filed; (d) The Firemen's Relief & Pension Fund Audit Report was received and-filed; V (e) The Audit Report of the Municipal Judges Retirement Fund was received and filed; l (f) Resolution No. 6,335 was read in full and adopted by the following roll call vote: I Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Directory Jones - total 7; Noes - None; Absent - None; (g) The Report of the Commissioners of Twin Lakes Recreational Area Improvement District No. 1 was received and filed; and I (h, i, j, k, 1, m, n & o) Resolutions No. 6,336, 6,337, 6,338, 6,339, 6,340, 6,341, ICI 6,342 and 6,343 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones W I total 7; Noes - None; Absent - None. Ilh Introduced at this time was Ordinance No. 13,820, with the title being: I AN ORDINANCE APPROPRIATING $5,000.00 FROM THE 1980 OPERATING BUDGET, "CATEGORY B" i FUNDS FOR AIR CONDITIONING FOR CITY HALL; AND FOR OTHER PURPOSES; III and after a first reading of the Ordinance, there was a motion by Director Keith, second; I ed by Director Morse, to suspend the rules and place the Ordinance on second reading. N 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; and the second reading of the Ordinance ensued. A subsequent motion was again made by Director Keith to suspend the rules and place the Ordinance on third and final reading; �II which motion was again seconded by Director Morse, and adopted by unanimous vote of the ' members of the Board of Directors present, being seven in number and two- thirds or more I of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance ^l' and resulted as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, i, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. An announce- ment followed that the'Ordinance had PASSED. a I Ordinance No. 13,821 was presented at this time, described as: j i AN ORDINANCE AUTHORIZING THE GRANTING OF A FRANCHISE TO MR. THOMAS M. COYNE TO USE A PORTION OF THE PUBLIC RIGHT -OF -WAY AT 313 MAIN STREET FOR TWO OPENINGS IN THE SIDEWALK; AND FOR OTHER PURPOSES; and there was a third and final reading of the Ordinance, with the first and second readings having occurred on May 6, 1980. The final reading was.deferred on that date, 1 in order for the Ordinance to remain in the City Clerk's Office a week prior to the final vote on the franchise. The ensuing Aye and No vote was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith, 1, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes None; Absent - None. At the May 6, 1980 Board of Directors Meeting, Ordinance No. 13,818 was passed 111 N' �I MAY 20, 1980, Cont'd. renewing for the year 1980, Ambulance Service Operators Franchises for A -1 Ambulance Service, Inc. and Medic -Vac Ambulance.Service, Inc. within the City of Little Rock, with confirmation to be at this time and place. Mr. Dick Moore of the A -1 Ambulance Company was present and requested that the boundary remain at 65th.Street where it has been in the past. Director Shackelford was absent at the last meeting and upon question was advised that the vote at this time is affirmation on the passage of the Ordinance on May 6, 1980. Mayor Hubbell then made a motion that passage of Ordinance No. 13,818_ be confirmed, with the second being made by Director Keith, and submitted to the follow- ing roll call vote: Ayes - Directors Keith, Morse, Mayor Hubbell and Director Jones - total 4; Noes - Directors Langston, Bussey and Shackelford - total 3; Absent - None. The following Zoning Matters were presented next, as. approved by the Planning Commission: Z -3458 - From William H. Buddenberg to rezone.1.03 acres on Warehouse Road, north of I -30 and east of Mabelvale Pike, from "R -2" Single - family District to "C -4" Open Display District. Z -3463 - By the City of Little Rock, to rezone 105 South Barton Street, from "R -3" Single - family District to "R -5" Urban Residence District. Z -3468 - From Rector - Phillips- Morse, Inc. for various owners, to rezone property at I -30 near Production and Distribution Drives (long legal description) from "R -2" Single - family District to "I -2" Light Industrial District. Z -3472 - From Walter L. Loveless, Jr. for Robert Farrell and A. D. West to re- zone property located at I -430 and Natural Resources Drive (long legal description) from "R -2" Single - family District to "0 -2" Office and Institutional District. As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,822 as follows) Ordinance No. 13,822 was presented, containing the following title: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES WITHIN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 Jones 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 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. A subsequent motion was then made and seconded by Directors Keith and Jones, 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, bein 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 ensuing Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Director Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7 Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Presented at this time was Zoning Petition No. Z -3454, from Bob Lowe of Hodges, Vines & Fox, for Rock Ventures, to rezone Tracts.A, B, C, G, H, D & E, within the Otter Creek Development in the City of Little Rock, Arkansas, from "R -2" Single - family Distri to "C -2" Shopping Center District, "MF -24 ".Multi- family District, "MF -18 ".Multi- family District and "MF -6" Multi- family District, as approved by the Planning Commission. V 1 C] MAY 20, 1980, Cont'd. in number and two- thirds or more of the members of the Board of Directors - elect. Ther was a second reading of the Ordinance, after which there was a subsequent motion again made by Director Morse, seconded by Director Keith, to again suspend the rules and pla the Ordinance on its third and final reading. The motion was adopted by a 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 Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Zoning Petition No. Z -3459 from Attorney W. S. Mitchell for Martin Industrial Par: Inc. presented by Don R. Venhaus, Consultant, to rezone property located at the S/E ' Corner of I -30 and Mabelvale Interchange (long legal description) from "R -2" Single - family District to "C -3" General Commercial District, "I -2" Light Industrial District and "O -S" Open Space District. Upon question by Director Shackelford, Mr. Venhaus advised that the right -of -way issue had been agreed upon. No opposition was presented and Ordinance No. 13,825 was placed on first reading, described as: There was no opposition presented to the zoning proposal and Ordinance No. 13,823 was considered, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES LOCATED WITHIN THE OTTER CREEK DEVELOPMENT IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 followed from Director Keith, which was seconded by Director Morse, 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 seven in number and two - thirds or more of the member: of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion again made by Director Keith and seconded by Director Morse, for a further suspension of the rules to allow for the third and final reading of the Ordi• nance. The motion was unanimously adopted by 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; 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 Ordi- nance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. Therefore, the Ordinance was declared PASSED. Zoning Petition No. Z -3455 was considered next, from Bob Lowe of.Hodges, Vines & Fox, for Mid America Properties, Inc. to rezone 7.01 acres on Highway No. 5, south of Otter Creek, from "R =2" Single - family District to "C -2" Shopping Center District, as approved by the Planning Commission. No objections were presented to the rezoning of the property and Ordinance No. 13,824 was placed on first reading, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF STAGECOACH ROAD AND OTTER CREEK ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 from Director Morse, seconded by Director Shackelford, and unanimously adopted by the Board Members present, being seve in number and two- thirds or more of the members of the Board of Directors - elect. Ther was a second reading of the Ordinance, after which there was a subsequent motion again made by Director Morse, seconded by Director Keith, to again suspend the rules and pla the Ordinance on its third and final reading. The motion was adopted by a 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 Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Zoning Petition No. Z -3459 from Attorney W. S. Mitchell for Martin Industrial Par: Inc. presented by Don R. Venhaus, Consultant, to rezone property located at the S/E ' Corner of I -30 and Mabelvale Interchange (long legal description) from "R -2" Single - family District to "C -3" General Commercial District, "I -2" Light Industrial District and "O -S" Open Space District. Upon question by Director Shackelford, Mr. Venhaus advised that the right -of -way issue had been agreed upon. No opposition was presented and Ordinance No. 13,825 was placed on first reading, described as: MAY 20, 1980, Cont'd. 1Z AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE INTERSECTION OF INTERSTATE 30 ill AND MABELVALE INTERCHANGE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 I� OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and the Ordinance was read the first time, followed by a motion from Director Morse to , l` suspend the rules and place the Ordinance on its second reading. The motion was second - I ed by Director Langston 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 Director Shackelford and 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. 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 iecorded. I�,i Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was declared PASSED. �IZoning Petition No. Z- 2820 -A was considered next. The request was from Mr. Larry !I Jacimore of Evergreen Industrial Park, to rezone property located on Mabelvale Pike, north of I -30 (long legal description) from "R -2" Single - family District to "I -2" Light Industrial District, as approved by the Planning Commission. No opposition was voiced A j� and Ordinance No. 13,826 was presented, with the title being: . j AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN SECTIONS 34 AND 35, T -1 -N, R -13 -W, j� PULASKI COUNTY, ARKANSAS, IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF l THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK,.ARKANSAS; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. There was a motion at this time from Director Jones, 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 I the Board of Directors - elect, the Ordinance was read the second time. The rules were iithen suspended for the third and final reading of the Ordinance by a motion made and seconded by Directors Morse and Jones, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds or more of the members of I' I� 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. it At this point in the meeting, Director Jones presented a recapitulation of two M proposed Resolutions that did not appear on the Official Agenda. The first Resolution I dealt with acceptance and affirmation of the Little Rock Sanitary Sewer Committee's "Policy Statement" on service limitations in the Little Maumelle.River Valley. Directoll Jones explained that the Resolution also, expressed the desire of the Board of Directors j to direct the Planning Staff to work with the Wastewater Utility Department to prepare more detailed guidelines on the appropriate density for development in the Little Maumelle Service Area; and, it is the intent of the Board of Directors to exercise necessary to limit the density of development in the Service Area during the Icontrols three month period prior to completion of said guidelines. The other Resolution provide for the acceptance of,the "Suburban Development Plan" prepared by Team Four, Inc. and directs the Planning Commission to conduct a Public Hearing on the Plan. A discussion 1Z MAY 20, 1980, Cont'd. ensued on whether to consider the Resolutions at this time, or- recess the Board Meeting and consider them on Wednesday, May 28, 1980, prior to the Agenda Meeting. Mayor Hubbell suggested that the meeting be recessed for consideration of the Resolution mentioned first but, since several Board Members said they were ready to vote on the acceptance of the "Suburban Development Plan ", the proposed Resolution, No, 6,344, was presented containing the following title: A RESOLUTION ACCEPTING THE "SUBURBAN DEVELOPMENT PLAN" PREPARED BY TEAM FOUR, INC. DIRECTING THE LITTLE ROCK PLANNING COMMISSION TO CONDUCT A PUBLIC HEARING ON THE "SUBURBAN DEVELOPMENT PLAN ", DIRECTING THE STAFF OF THE PLANNING COMMISSION TO FOLLOW THE PROCEDURE OUTLINED IN "THE SUBURBAN DEVELOPMENT PLAN AND POLICIES ADOPTION AND FOR OTHER PURPOSES; and there was a complete-reading of the Resolution. A motion was made by Director Keith and seconded by Director Morse, which led to adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelfor Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. A Public Hearing had been set By-the Board of Directors for this time and place on Zoning Application Z- 3294 -A, from Mr. Louis Schickel and the Pleasant Ridge Develop ment Company, to rezone seventeen acres located on Highway No. 10 at Fairview Road (long legal description), from "R -2" Single - family District to "C -3" General Commercia District and "0 -3" General Office District. This application had received the approva of the Planning Commission. Mayor Hubbell declared the Public Hearing open and Mr. Tom Wilkes of Pleasant Ridge Development Company was the first speaker. Mr. Wilkes submitted a petition to Mayor Hubbell, signed by 150 persons supporting the zoning proposal. He stated that the concept of the Plan has remained the same as when origin ally presented; that it is consistent with good planning and the City's Growth Policy; and, that it will allow people to live, work and shop in the same area, and reduce unnecessary energy consumption. Mr. Wilkes pointed out that "we have dedicated a gree belt for screening for over one -half mile along Highway #10; proposed strict limitatio on curb cuts; our preliminary plat specified construction of road improvements includi a 1800 collector street through the property; we have prepared a provision for a Bill of Assurance guaranteeing meaningful architectural and site plan review, this provisio is an architectural review committee that will review all proposals for construction." He further added that this proposal fits well into the development plan of the north- west sector of the City. Director Langston questioned some of the names and addresses appearing on Mr. Wilkes' petition, since .a large number did not live in the area. He was advised that the names were gathered at the nearby cleaning establishment. Mr. Rogers Faust of 3807 Sierra Forest Drive, south of the property proposed for rezoning, spoke in opposition, commenting that the City's Wastewater Utility.cannot support any- more multi - family and that the northwest area does not need anymore development. Mr. Donald Hill, 131 Valley Club Circle, a Board Member of the Pleasant Valley Property Owners Association, advised that the Association is.not prepared to endorse or support this without assurances that there will be a careful site plan review, particularly for the commercial assets. In the discussion, Director Jones suggested that the "C -3" Commercial category in the application be changed to "C -2" Shopping Center. With this change, the City would have the authority to review the site plan for the shopping center. Mr. Schickel was in agreement with the suggested change. There was no furthe discussion, Mayor Hubbell declared the Public Hearing closed and the proposed Ordinanc was presented, with the title being: MAY 20, 1980, Cont'd. AN ORDINANCE RECLASSIFYING PROPERTY LYING AT THE INTERSECTION OF ARKANSAS HIGHWAY 10 AND FAIRVIEW ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 followed from Director Jones that "the area west of Fairview Road be amended to "C -2" Shopping Center District." The motion was seconded by Director Shackelford and unanimously adopted by the Board II Members present being seven in number and two - thirds or more of the members of the Board of Directors - elect. There was a subsequent motion by Director Keith, seconded by Director Jones, that the Ordinance, as amended, be placed on second reading. A rolil intentions of closing an-older store. Upon question by Director Jones, Mr. Ramer call was taken on the motion to suspend the rules with the results recorded as follows: Ayes - Directors Keith, Morse, Bussey, Shackelford, Mayor Hubbell and °Director Jones - total 6; Noes - Director Langston.- total 1; Absent - None. With the rules having been suspended, the proposed Ordinance, as amended, was read the second time. There was an ensuing motion by Director Bussey, seconded by Director Jones, that the Ordi- nance, as amended, be placed on third and final reading. The resulting Aye and No Vote taken on the suspension of the rules received the following response: Ayes - Director Bussey, Mayor Hubbell and Director Jones - total 3; Noes - Directors Keith, , Langston, Morse and Director Shackelford - total 4; Absent - None. Therefore, the proposed Ordinance, as amended, remained on the calendar for third and final reading. The last matter on the Agenda was a Public Hearing on Zoning Application Z -3466 set for this time and place and presented by Attorney David P. Henry, representing various property owners to rezone 7.76 acres at the S/W corner of Highway No. 10 and Rodney Parham Road, from "R -2" Single- family to "C -2" Shopping Center and "O -1" Quiet Office District, which had been sent to the Board of Directors by the Planning Commissiin without recommendation. Mr. Henry's home is within 117 feet of the proposed project. Mayor Hubbell declared the public hearing open and Mr. Henry was the first speaker. He addressed the highlights of the Plan,�stating that a.Safeway Store containing 42,000 square feet is being planned for the corner and as a part of the Plan, Safeway intends to buffer the Woodland Heights Area by a forty foot wide berm, six feet high, with six to eight foot crepe myrtles on top of the berm, and will only show the top four feet of the building above the berm. Mr. Henry said of the nine property owners within 200 feet of the property, only'two oppose the Plan; one being the Catholic Church and II the other in his neighborhood (Woodland Heights). Mr. John Ramer of the Safeway Stores was present and Director Shackelford questioned if Safeway intends to close an older store upon completion of the proposed store. Mr. Ramer advised that Safeway has no intentions of closing an-older store. Upon question by Director Jones, Mr. Ramer stated that the trade area for the proposed store consists of a five -mile area with 30,000 population. Mr. Rogers Faust addressed the Board as a home owner and Vice .President of the Pleasant Forest Property Owners Association. He commented that "we need a grocery store to serve our people and Safeway's application should have no effect on Christ the King Church'.', and offered three recommendations; the installation of a traffic light at Rodney Parham Road and Highway #10; the installation of a traffic light at Rodney Parham Road and Woodland Heights Road; and last, the widening and improving.of Woodland Heights Road north to Highway #10. He filed a petition signed ' by property owners in the Pleasant Forest Subdivision supporting the subject request. Mr. Dick Patterson,.President of Christ the King Church Parish Counsel, objected to trucks making deliveries adjacent to the rectory and opposed on terms of increased traffic. He filed a petition on behalf of the Church, containing 400 signatures of 3 MAY 20, 1980, Cont'd. persons opposed to the rezoning request, listing some eight reasons for opposition. Mr. Dennis Gilman of 11206 Cocono Valley Drive, representing Pleasant Valley Property �I I Owners, opposed the proposal by commenting, "Pleasant Valley will continue to oppose commercial development - it is not compatible with the area." Mr. Donald Hill, 131 i Valley Club Circle, also representing Pleasant Valley Property Owners Association, presented a petition signed by 76 of his immediate neighbors, strongly opposing the i rezoning, remarking that they will continue to oppose such.a proposal. Mr. John �I Tisdale representing Mr. Fred Darragh and some other property owners north of Highway No. 10, voiced opposition stating that Mr. Darragh is extremely serious in his oppos- ition that this proposal would create the possibility of strip zoning along Highway i No. 10; and that it would enhance traffic problems. He requested all persons present in opposition, to stand. Upon question, Mr. Nathaniel Griffin, Director of Comprehensiile Planning advised that the Staff and Team Four hot h, feel some commercial is needed on (� Highway No. 10. It was his opinion, commercial would be better located at this site II' ! than farther west; adding, the Staff opposes commitment to both sites. There was no further discussion, Mayor Hubbell declared the Public Hearing closed and a proposed Ordinance to rezone the subject property was placed on first reading, entitled:I; AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ARKANSAS HIGHWAY #10 AND RODNEY PARHAM ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING I�f SECTION 43 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. Mayor Hubbell announced that he would I�? not be voting on the Ordinance, due to a conflict of interest. A motion followed from Director Morse to suspend the rules and place the Ordinance on its second reading. The 1!I', motion 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 III i members of the Board of Directors - elect. The Ordinance was read the second time follow) ed 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 I; Shackelford and seconded by Director Bussey, and adopted by unanimous vote of the Board Members present, being seven in number and two - thirds or more of the members of VII ill) 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, Morse and Bussey - total 3; Noes Directors Langston, Shackelford and Jones - total 3; Abstaining - Mayor Hubbell i total 1; Absent - None. It was then announced that the Ordinance had FAILED of �I passage. +j The meeting concluded with a brief discussion regarding the action taken by II North Little Rock in not funding bus service for their citizens. Directors Langston I I and Bussey who are members of the Central Arkansas Transit Policy Board needed an opinion from the other Board of Directors on what alternatives there might be in the matter. The Board Members were in general agreement there is no other alternative but to discontinue bus service to North Little Rock after May 30, 1980, *if they do not I make a commitment to fund their share of CAT bus operations. j i� II I MAY 20, 1980, Cont'd. There being no further business to be presented or to come before the Board of Directors at this time, upon motion of Mayor Hubbell, seconded by Director Jones, and unanimous vote of the Board Members present, the Board of Directors recessed at 10:25 o'clock P. M. until Wednesday, May 28, 1980 at 9:30 o'clock A. M. for the purpose of considering a Resolution accepting and affirming the Little Rock Sanitary Sewer Committee Policy Statement. ATTEST: �[�/ APPROVED: City Clerk Mayor i I� t Board of Directors Chamber Little Rock, Arkansas May 28, 1980 - 9:30 A. M. i provided for the adoption of the Resolution, as amended, as follows: Ayes - Directors Keith, Langston, Morse, Shackelford and Mayor Hubbell - total 5; Noes - None; Absent Directors Bussey and Jones - total 2. After the Resolution was adopted, Director Jones was enrolled. She expressed concern for Appendix A to the Resolution and suggested affirming the conclusions provided in Points 1, 2 and 3 on Page 2 of Appendix A to the Little Rock Sanitary Sewer Committee Policy Statement. There being no further business to be presented or to come before the Board of Directors, upon motion by Director Langston, seconded by Director Morse, and by un- animous vote of the Board Members present, the meeting adjourned at 9:45 o'clock A. M. to meet again in regular session on Tuesday, June 3, 1980 at 7:30 o'clock P. M. op ATTEST: APPROVED: Z)Woow4e City Clerk Mayor met in reconvened "The Board of Directors of the City of Little Rock, Arkansas from May 20, 1980, with Mayor Hubbell presiding and Jane Czech, City Clerk, and session the following Directors present: Directors Keith, Langston, Morse and Shackelford - total 4; Absent - Directors Bussey and Jones - total 2. A quorum was declared to be present and the meeting therefore, proceeded as herein recorded: Mayor Hubbell announced that the purpose of the reconvened meeting was to consider Resolution No. 6,345, with the title being: A RESOLUTION ACCEPTING AND AFFIRMING THE "LITTLE ROCK SANITARY SEWER COMMITTEE POLICY STATEMENT "; DIRECTING THE PLANNING STAFF OF THE LITTLE ROCK PLANN COMMISSION TO WORK WITH THE WASTEWATER UTILITY DEPARTMENT TO PREPARE MORE DETAILED GUIDELINES ON THE APPROPRIATE DENSITY FOR THE LITTLE MAUMELLE RIVER VALLEY SERVICE AREA; DECLARING THE INTENT OF THE CITY TO CONTROL DENSITY IN THE SERVICE AREA UNTIL THE DENSITY GUIDELINES iARE PREPARED; AUTHORIZING THE PLANNING STAFF TO APPROVE LIMITED DENSITY TRANSFERS DURING THE PERIOD THE GUIDELINES ARE BEING PREPARED; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion followed from Director Morse that Section 2 of the Resolution be amended to read: "The Board of Directors hereby directs the Planning Staff to work with the Wastewater Utility Department and interested land owners to prepare more detailed guidelines for the Board and the Littl Rock Planning Commission on the appropriate density for development of the Service Area." The motion was seconded by Mayor Hubbell and unanimously adopted by the Board Members present. There was a subsequent motion by Mayor Hubbell, seconded by Director Morse, that "the City Manager be authorized to spend up to $3,000.00, if necessary, fo the density study ", and a unanimous voice vote of the Board Members present guidelines adopted the motion. Director Keith then moved that the Resolution, as amended, be adopted and there was a second from Director Shackelford. The resulting roll call vot i provided for the adoption of the Resolution, as amended, as follows: Ayes - Directors Keith, Langston, Morse, Shackelford and Mayor Hubbell - total 5; Noes - None; Absent Directors Bussey and Jones - total 2. After the Resolution was adopted, Director Jones was enrolled. She expressed concern for Appendix A to the Resolution and suggested affirming the conclusions provided in Points 1, 2 and 3 on Page 2 of Appendix A to the Little Rock Sanitary Sewer Committee Policy Statement. There being no further business to be presented or to come before the Board of Directors, upon motion by Director Langston, seconded by Director Morse, and by un- animous vote of the Board Members present, the meeting adjourned at 9:45 o'clock A. M. to meet again in regular session on Tuesday, June 3, 1980 at 7:30 o'clock P. M. op ATTEST: APPROVED: Z)Woow4e City Clerk Mayor 6 I Board of Directors Chamber Little Rock, Arkansas June 3, 1980 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Morse, Shackelford and Jones - total 5; Absent - I Director Bussey. I I A quorum was declared to be in attendance and the meeting then proceeded as herein described: The Invocation was given by Director Jones. Mayor Hubbell announced that the discussion item Y appearing on the Agenda regarding improvements in the Pankey Addition will be deferred until residents request the discussion at a later date. He stated that he was advised that the citizens do not desire to make a presentation at this time. Another discussion item had been placed on the Agenda relative to the street I barriers at 16th and Pulaski Streets. Mayor Hubbell announced there had been a request from an attorney representing several property owners who are opposed to the removal of r the barriers, that the matter be deferred for two weeks, adding that Director Shackel- ford had also, asked that it be "put off" for two weeks. A large group of citizens was present to speak for the removal of the barriers and to oppose same. Mr. Earl Williams . was present to speak for the group of proponents who stated that "if they want to put I r it off, it will just give me more time to get information together - I'll be back." j Director Keith questioned Mr. Nathaniel Hill, Director of Human Resources on whether ' I there is any basis for a compromise. Mr. Hill advised that he had attempted a compromise but, was unsuccessful; that a contract had been awarded to remove the barriers; protestI were presented and a stop order issued in order to give opponents an opportunity to I appeal through the channels of the neighborhood group on up to my office, and we could ' not work anything out with them so it's before the Board. The action we will be asking you to take two weeks from now, if you choose to override the Staff, will be that some ' member of the Board make a motion to override the Staff and stop the project. If no motion is made, then Mr. Hill said he could proceed with the project. Mrs. Inola Childress, Mr. Raymond Savage and Mrs. Sallie O. Jordan were proponents and wanted to discuss the issue at this time. Director Shackelford stated that in fairness to all, "we should hear from both sides at the same time ", adding "our thinking is to have the I�I discussion and voting two weeks from tonight." After further discussion, Director Morse made a motion to postpone the matter for two weeks. The motion was seconded by ii I� Director Keith and ADOPTED by roll call vote recorded as follows: Ayes - Directors Keith, Langston, Morse, Shackelford and Jones - total 5; Noes - Mayor Hubbell - total'1, Absent. - Director Bussey - total 1. Therefore, the discussion of this item was deferred { it for two weeks. The Consent Agenda was presented next, and consisted of the following items: i (a) The reading of the Minutes of the previous meeting held May 20, 1980 and the reconvened meeting held May 28, 3980. ' (b) Resolution No. 6,346, entitled; A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD i A CONTRACT FOR THE ANNUAL PURCHASE CONTRACT OF VEHICLE TIRES AND TUBES; AND FOR OTHER PURPOSES. I JUNE 3. 1980 ont'd. (c) Resolution No. 6,347, described as: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN A DOCUMENT ENTITLED "ARKANSAS POWER AND LIGHT COMPANY RIGHT -OF -WAY PERMIT" THEREBY GRANTING AN EASEMENT ACROSS BUTLER PARK; AND FOR OTHER PURPOSES. (d) Resolution No. 6,348, containing the following title: A RESOLUTION ADOPTING THE REVISIONS OF THE SEWER CONNECTION FEE SCHEDULE AS ADOPTED BY THE LITTLE ROCK SANITARY SEWER COMMITTEE; DECLARING SAID REVISIONS TO BE EFFECTIVE ON AND AFTER JULY 1, 1980; AND FOR OTHER PURPOSES. (e) Resolution No. 6,349, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREE- MENT ON BEHALF OF THE CITY WITH LITTLE ROCK UNLIMITED PROGRESS TO LEASE CERTAIN REAL PROPERTY LOCATED BETWEEN SECOND AND THIRD AND MAIN AND SCOTT STREETS; AND FOR OTHER PURPOSES. By motion from Director Keith, seconded by Director Jones, which was adopted by un- animous voice vote of the Board Members present, the Consent Agenda was dispensed with as follows: (a) The Minutes of the previous meeting held May 20, 1980 and the recon- vened meeting held May 28, 1980 were approved and written and summarized to the members of the Board of Directors; and (b, c, d & e) Resolutions No. 6,346, 6,347, 6,348 and 6,349 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Presented for consideration at this time was a proposed Ordinance entitled: AN ORDINANCE RECLASSIFYING PROPERTY LYING AT THE INTERSECTION OF ARKAN.iSAS HIGHWAY 10 AND FAIRVIEW ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z- 3294 -A - Louis Schickel & Tom Wilkes proposed development) which Ordinance was read the third and last time, having been read the first and secon� times and amended on May 20, 1980. Mr. Tom Wilkes briefly reviewed the proposal, pointing out there were no petitions filed against the development and urged favorable support of the Board. Mr. Rogers Faust of 3807 Sierra Forest Drive, representing Pleasant Forest Property Owners Association again presented opposition to multi - family having voiced objections on May 20, 1980, also. Upon question by Mayor Hubbell, re- garding the construction of streets, Mr. Schickel advised that the City Laws require construction of streets as property is developed. After discussion, a roll call was taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Directors Morse, Shackelford and Jones - total 3; Noes - Directors Keith, Langston an Mayor Hubbell - total 3; Absent - Director Bussey - total 1. Mayor Hubbell then stated that "as I understand it, if Director Bussey wishes to bring this up, he may." Director Keith commented that if a Director is absent and a vote is 3 -3, that Director has the privilege of recall. With the roll call being 3 -3, the Ordinance FAILED of III .passage. A Public Hearing had been set for this time and place on Suburban Development Policies and Mayor Hubbell declared the hearing open and invited interested parties to come forward. There was no one present to address the issue, Mayor Hubbell declared the Public Hearing closed and Resolution No. 6,350 was presented, containing the follc ing title: A RESOLUTION ADOPTING THE SUBURBAN DEVELOPMENT PLAN "DEVELOPMENT POLICIES "; AND FOR OTHER PURPOSES; JUNE 3, 1980, Cont'd. I and there was a complete reading of the Resolution; after which a motion from Director Jones, seconded by Director Morse, resulted in a roll call vote adopting the Resolutio �i as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. i A Public Hearing on Amendments to Chapter 37 of the Code of Ordinances which established rules and regulations for the subdividing of land was also, set for this I i time and place. The hearing was declared to be open but, there was no one present to I be heard and Mayor Hubbell declared the Public Hearing closed. Ordinance No. 13,827 I� was presented, with the title being: AN ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; I I (.Re: Subdividing Land) I said Ordinance was read the first time; after which there was a motion by Director I `gipp Morse, seconded by Director Langston, that the rules be suspended and the Ordinance be placed on second reading. The motion was unanimously adopted by members of the Board h 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, a motion was again made to suspend the rules to allow for the third and final reading of the Ordinance at this time, with the motion being made by Director Morse, again seconded by Director II Langston, and adopted by unanimous vote of the members of the Board of Directors preset I' 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 i Vote taken on the passage of the Ordinance, with the resulting vote being recorded as herein described: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total Whereupon, the Ordinance was declared PASSED. pj An Appeal by Mr. Grady L. wahlquist for Irene Garner of the Planning Commission's denial of Zoning Petition No. Z -3461 was presented at this time. The Appeal requests the reclassification of Lot 23, Block 3, Ri£fel and Rhoton's Addition to the City of I �I Little Rock, from "R -2" Single family District to "R -4" Two - family District. A Motion i I was made by Director Langston, seconded by Director Shackelford, and unanimously adopt ed by the Board Members present, which set the date of a Public Hearing on the Appeal for Tuesday, June 17, 1980 at 7:30 o'clock P. M. A Public Hearing had been scheduled for this time and place by Resolution No. �i 6,340, which had been duly advertised in accordance with State Statutes on May 23, 1980 and May 30, 1980. The hearing was set for the purpose of discussing the Petition I I ,i by Covenant Presbyterian Church, requesting the vacating and closing of the east half of the alley which abuts Lots 1, 2, 3, 10, 11 and 12, of Block 1, Springdale Addition 'I to the City of Little Rock, Arkansas, which petition had received the approval of the Planning Commission. Mayor Hubbell declared the Public Hearing open and the only ;I person wishing to speak was Mr. Letcher Langford representing the Church, who stated the Church would like the half alley closed for future expansion purposes. Mayor j, Hubbell then declared the hearing closed and a related Ordinance was placed on first "w reading. (See Ordinance No. 13,828, as follows) I Ordinance No. 13,828 was presented, described as: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK ONE, SPRINGDALE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; 1 1 I i JUNE 3, 1980, Cont'd. 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 Morse and 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 a second reading of the Ordinance followed. The rules were again suspendedI and the Ordinance placed on its third and final reading by a motion made and seconded by Directors Keith and Morse, 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, therel� was an Aye and No Vote taken on the passage of the Ordinance which resulted as herein recorded: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. It was I announced that the Ordinance had PASSED. Introduced next was Resolution No. 6,351, with the title being: A RESOLUTION ESTABLISHING AN OFFICIAL ANNEXATION BOUNDARY LINE ENCOMPASSING THOSE AREAS TO BE BROUGHT INTO THE CITY UNTIL THE YEAR 1990 BY A REFERENDUM TO BE HELD SOMETIME AFTER THE YEAR 1980 AND BY VOLUNTARY ANNEXATIONS; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety; after which a motion from Director Morse, seconded by Director Keith, resulted in a roll call vote adopting the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The next presentation was Ordinance No. 13,829, 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; (Bay Meadow Annexation containing 22.32 acres, more or less - Court Order dated April 21, 1980) 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 Langston, seconder by Director Jones, 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 Shackelford, again 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 w 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared to have PASSED. Ordinance No. 13,830 was presented, with the following caption: AN ORDINANCE APPROPRIATING $30,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR THE SANITATION COLLECTION OPERATIONS PROJECT; AUTHORIZING THE TRANSFER OF $95,000 FROM THE SCHEDULE II, CATEGORY B, SPECIAL PROJECTS FUND AND $10,000 FROM THE SANITATION COLLECTION DIVISION OPERATING ACCOUNT; DECLARING AN EXCEPTIONAL SITUATION, WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE PURCHASE OF A METAL BUILDING FOR THE SANITATION COLLECTION OPERATION; AND FOR OTHER PURPOSES; and upon first reading of the Ordinance, there was a motion by Director Keith to suspe V/ JUNE 3, 1980, Cont'd. the rules and place the Ordinance on its second reading. The motion received a second by Director Morse and unanimous adoption 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 jDirectors - elect; and the second reading of the Ordinance ensued. A motion then followe I from Director Jones, seconded by Director Shackelford, that the rules again be suspende iII to provide for the third and final reading of the Ordinance; with the motion being un- animously adopted by members of the Board of Directors present, being six in number and Vitwo- 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 I i passage of the Ordinance and resulting as follows: Ayes - Directors Keith, Langston, i Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Mayor Hubbell announced that the Ordinance had PASSED. i I A proposed Resolution was next presented, with the title being: A RESOLUTION AUTHORIZING THE DEMOLITION OF THE TENNENBAUM BUILDING BY THE J. C. HOWARD CONSTRUCTION COMPANY; AND FOR OTHER PURPOSES; !�I and the proposed Resolution was read in its entirety. A discussion ensued on the proposed demolition and Mr. Jeff McLane, an agent for the Keystone Group who is interes ed in developing the old building into a shopping center, proposed that the Group sit I� down with the City and go over the proposed development in an effort to reach an agree - ment. The demolition contract was awarded to J. C. Howard Construction Co., Inc. it approximately four years ago, and Mr. Howard has offered a settlement offer of II $8,932.50, since he has not been ordered to proceed with the demolition. Mr. McLane 1 said Keystone is ready to work with the City and make the financial commitment of the i IIsettlement figure, if they can be assured the City will lease the property on a long- term basis. Mr. Clay Moore, one of the persons interested in developing the building, said it would be a "terrible tragedy" if it were demolished. City Manager Carleton E. McMullin recommended that the building be demolished adding, "we think the time has come to proceed." He also, stated the City needs to know exactly what is going to happen on the riverfront so it can complete applications for federal money to develop a i riverfront park. After the discussion, Mayor Hubbell made a motion to "defer the I Resolution for two weeks and that the Staff meet with Mr. McLane in an effort to work ii out development problems." The motion was seconded by Director Jones and adopted by unanimous voice vote of the Board Members present. Therefore, the Resolution remained on the calendar. The next matter to be considered was the selection of an Auditor for a three year audit term, to audit City, CETA and CDBG Accounts. Mayor Hubbell requested each Board Member to list first, second and third choices, with first choice receiving three.point second choice two points and third choice one point. The firm receiving the highest number of points will be the successful bidder. Mr. James Madigan, Mr. Lynn Lloyd, Mr. Dorsey W. Jackson, Mr. Horace Jones, Mr. J. E. Cox and Mr. Robert L. Lanford presented proposals and information submitted by their firms. Following is.a list of the firms and points received: Lloyd & Company, Ltd. 7 Baird, Kurtz and Dobson 8 Ernst & Whinney 3 Russell Brown & Company 9 Madigan & Company 3 Peat, Marwick, Mitchell & Company 3 a 1 i r JUNE 3, 1980, Cont'd. 1111 1 Price - Waterhouse 3 After the points were tabulated, Mayor Hubbell announced that Russell Brown & Company was the successful bidder for a three -year audit term. A motion followed from Director Keith, seconded by Director Morse, to award the contract to Russell Brown Company for a three -year audit term. The motion was unanimously adopted by voice vote of the Boarc Members present and Resolution No. 6,352 was presented, entitled: A RESOLUTION SELECTING THE FIRM OF RUSSELL BROWN & COMPANY AS CITY AUDITOR TO COMPLETE THE CITY AUDITS, THE CETA AUDITS AND THE CDBG AUDITS FOR A THREE YEAR AUDIT TERM; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion was made by Director Keith and seconded by Director Morse, which led to adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1 Introduced at this time was Ordinance No. 13,831, with the title being: AN ORDINANCE APPROPRIATING $13,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR EXPENSES IN CONNECTION WITH THE ANNEXATION OF SEVEN ISLANDS; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which the rules were suspended to place the Ordinance on second reading, by motion of Director Morse, seconded by Director Langston, 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 and an ensuing motion by Director Morse that the rules again be suspended to allow for the third and final reading of the Ordinance; which motion was seconded by Director Langston and adopted by unanimous vote of the 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. Upon third and last reading of the Ordinance, the Aye and No Vote was taken on the question, Shall th Ordinance Pass, resulting as follows: Ayes - Directors Keith, Langston, Morse, Shacke ford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Resolution No. 6,353 was the next presentation and contained the following heading: A RESOLUTION EXPRESSING THE COMMITMENT OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK TO APPROPRIATE $420,000 FOR CAPITAL IMPROVEMENTS FOR CENTRAL ARKANSAS TRANSIT FOR THE YEARS 1981 AND 1982; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety. Mr. Delbert Lewis was present and spoke briefly in support of the Resolution and encouraged its adoption. Director Keit made a motion that the commitment be increased by one million dollars for operation in the years 1981 and 1982; adding, "you can't have a capital improvement budget without having a operating budget." Mayor Hubbell seconded the motion. Director Langston stated that the quicker these funds are committed, the sooner federal funds will be available. In the ensuing discussion, Director Morse felt the Board should not make a commitment for operating funds at this time for 1981 and 1982; and, "what I want to do is make a motion to commit $420,000, provided government funds on 80/20 basis continue in 1981 and 1982 for operation of the bus system and 50/50 on the other." Director Langston then suggested that in addition to the $420,000, the Board also commit funds for operation in 1981. Mayor Hubbell then withdrew his second to the original motion by Director Keith. Discussion continued and in conclusion, Director JUNE 3, 1980, Cont'd. 'j Langston seconded the original motion by Director Keith, with a roll call being taken on the motion and the results recorded as follows: Ayes - Directors Keith, Langston, iY and Mayor Hubbell - total 3; Noes - Directors Morse, Shackelford and Jones - total 3; Absent - Director Bussey - total 1. With the motion having failed, a roll call was taken on the Resolution as read, with the response being: Ayes - Directors Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. Resolution No. 6,354 was presented, entitled: A RESOLUTION ESTABLISHING SEASON PASS FEES FOR USE OF THE GOLF COURSES BY CITIZEN UNDER THE AGE OF SIXTY -FIVE; AND FOR OTHER PURPOSES; and after a complete reading of the Resolution, there was a motion by Director Langsto seconded by Director Shackelford, to amend the Resolution to "establish twelve month pass fees." The motion was adopted by unanimous voice vote of the Members of the Board of Directors present. A subsequent motion followed from Director Langston, seconded by Director Morse, for adoption of the Resolution. A roll call was taken and the Resolution, as amended, was adopted as herein recorded: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None Absent - Director Bussey - total 1. Presented next was Resolution No. 6,355, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE LEASE FOR OFFICE SPACE IN THE UNION NATIONAL BANK BUILDING USED FOR THE CACETA VOUCHER PROGRAM; AND FOR OTHER PURPOSES; and there was a full reading of said Resolution; after which a motion from Mayor Hubbell, seconded by Director Keith, resulted in a roll call vote adopting the Reso- lution as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbel and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Considered at this time was a proposed Ordinance, with the title being: E AN ORDINANCE AMENDING ORDINANCE NO. 12,501 KNOWN AS THE ORDINANCE ESTABLISHING i STANDARDS AND SPECIFICATIONS FOR THE CONSTRUCTION AND RECONSTRUCTION OF SIDEWALKS, DRIVEWAYS, BOTH PRIVATE AND COMMERCIAL, CURBS, AND GUTTERS ON PUBLIC PROPERTY; PROVID- ING FOR THE ADOPTION AND ENFORCEMENT OF STANDARDS TO PROVIDE ADEQUATE AND REASONABLE ACCESS FOR THE SAFE AND CONVENIENT MOVEMENT OF PHYSICALLY HANDICAPPED PERSONS; I with the Ordinance being read the first time. Mr. Charles Hill representing the American Institute of Architects told the Board of Directors that this is a progress- , ive step and voiced support to the proposed amendment. Mr. Delbert Lewis stated that i he concurs in this particular issue. A motion then followed from Director Jones, seconded by Director Shackelford, that the rules be suspended and the proposed Ordi- nance be placed on second reading. A roll call was taken on the suspension of the rules with the results recorded as follows: Ayes - Directors Langston, Shackelford, Mayor Hubbell and Director Jones - total 4; Noes - Directors Keith and Morse - total Absent - Director Bussey - total 1. With the suspension of the rules having failed, the proposed Ordinance was left on the calendar for second reading. Introduced next was Resolution No. 6,356, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S OFFICE TO FILE AN APPEAL ON BEHALF OF THE BOARD OF TRUSTEES OF THE MUNICIPAL JUDGES' RETIREMENT FUND AND THE CITY OF LITTLE ROCK IN THE CASE OF BOARD OF TRUSTEES ET. AL. V. JOANN BEARD, PULASKI CIRCUIT No. 79 -5589; AND FOR OTHER PURPOSES; 1 JUNE 3, 1980, Cont'd. PURPOSES; with there being a complete reading of the Resolution. Upon motion by Mayor Hubbell, which was seconded by Director Shackelford, the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell Benjamin Williams to 4 year terms; Mr. Reeves E. Ritchie appointed to the unexpired and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. City Attorney Jack Magruder then brought to the attention of the Board of Director the need for adoption of a Resolution authorizing an amendment to the Trust Agreement with the Resolution read in its entirety. A motion by Mayor Hubbell, seconded by by and between the City, the Board of Directors of Mount Holly Cemetery and Worthen Bank and Trust Company. He explained that Act 352 of the 1977 Acts of Arkansas seeks , to regulate municipally owned cemeteries which operate perpetual care cemeteries, and ing roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor this amendment would change the word "perpetual" to "maintenance" in the Trust Agree- ment. Resolution No. 6,357 was then presented, containing the following title: A RESOLUTION AUTHORIZING AN AMENDMENT TO TRUST AGREEMENT BY AND BETWEEN THE CITY At this point, Mayor Hubbell advised the Board that fifty -three resumes have been OF LITTLE ROCK, AS BENEFICIARY, THE BOARD OF DIRECTORS OF THE MOUNTY HOLLY CEMETERY ASSOCIATION, AS SETTLOR, AND WORTHEN BANK AND TRUST COMPANY, N.A., AS TRUSTEE, IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH BELOW, AUTHORIZ- copies of the resumes would be prepared for Board Members. He suggested, and it was ING THE EXECUTION AND DELIVERY OF THE AMENDMENT; AND PRESCRIBING OTHER MATTERS RELATED THERETO; and said Resolution was read in full, and followed by a motion from Director Morse, the number is reduced to less than ten names, that they be made public. seconded by Director Keith, that the Resolution be adopted. A roll call was taken whi adopted the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Shackel- ford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director member of the Central Arkansas Library System Board of Trustees, had shown just cause Bussey - total 1. Resolution No. 6,358 was presented, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE ARKANSAS ARTS CENTER; AND FOR OTHER PURPOSES; (Edwin B. Conner, Mrs. Walter E. Hussman, Jr., Mr. Sheffield Nelson, Dr. Herbert Benjamin Williams to 4 year terms; Mr. Reeves E. Ritchie appointed to the unexpired term of Dr. Charles M. Nolan) with the Resolution read in its entirety. A motion by Mayor Hubbell, seconded by Director Morse, was then made and resulted in adoption of the Resolution by the follow- , ing roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total At this point, Mayor Hubbell advised the Board that fifty -three resumes have been received from applicants for the City Manager position. He stated that a summary and copies of the resumes would be prepared for Board Members. He suggested, and it was generally agreed, to narrow the applicants to a workable number by June 12th; and, whet the number is reduced to less than ten names, that they be made public. Mayor Hubbell brought to the Board's attention that Mr. William H. Thompson, a member of the Central Arkansas Library System Board of Trustees, had shown just cause for his absence at Library Board of Trustees meetings. Director Jones then moved that Mr. Thompson be reinstated as a member of the Central Arkansas Library System Board of Trustees. The motion was seconded by Mayor Hubbell and unanimously adopted by Members of the Board of Directors present being six in number and two- thirds or more ' of the Board of Directors - elect. JUNE 3, '1980, Cont'd. There being no further business to be presented or to come before the Board of Di.zectors,. upon motion of Director Morse, 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, June 17, 1980 at 7:30 o'clock P. M. ATTEST: Vall-0, APPROVED: City Clerk Mayor 6 V * * * * * * * * * * * * Board of Directors Chamber Little Rock, Arkansas June 17, 1980 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in regular sessi, with Mayor Hubbell presiding and City Clerk Jane Czech and the following Directors present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 7; Absent - None. A quorum was declared to be present, and the proceedings of the meeting are reco ed as follows: The Invocation was given by Director Keith. Presented first from the Official Agenda were the Consent Items, described as STREET BRIDGES. By motion of Director Langston, seconded by Director Shackelford, with all Board Member present voting Aye, the Consent Items were dispensed with as follows: (a) The Minute: were approved as written and summarized to the Board of Directors; (b) The Comparative Statement of Income Account of the Municipal Water Works was received and filed; and (c, d, e & f) Resolutions No. 6,359, 6,360, 6,361 and 6,362 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. A Public Hearing had been scheduled for this time and place on the removal of street barriers at 16th & Pulaski Streets, as approved by the Community Development Block Grant Neighborhood Committee. The barriers were placed in that location during the development of the High Street Urban Renewal Project. Mayor Hubbell declared the �I / follows: (a) The Minutes of the previous meeting held June 3, 1980. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of April, 1980. (c) Resolution No. 6,359, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE ANNUAL CONTRACT FOR MILK FOR THE JAIL AND COMMUNITY DAY- , CARE CENTERS, FOR A CONTRACT FOR SHELVES, RACK ENDS AND BENCHES FOR THE NEW VEHICLE MAINTENANCE FACILITY, FOR VEHICLE INSURANCE FOR CITY VEHICLES, FOR STORM DRAINAGE PROJECTS FOR THE STEPHENS SCHOOL AND OAK FOREST CDBG AREAS, AND FOR A CONTRACT FOR HEATING AND AIR CONDITIONING MODIFICATION IN THE POLICE AND COURTS BUILDING; AND FOR OTHER PURPOSES. (d) Resolution No. 6,360, described as: A RESOLUTION AUTHORIZING A FIRST AMENDMENT TO LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND CAMELOT INN- LITTLE ROCK, INC., AS LESSEE; AND FOR OTHER PURPOSES. (e) Resolution No. 6,361 was presented with the following heading: A RESOLUTION EXPRESSING THE OPPOSITION OF THE LITTLE ROCK BOARD OF DIRECTORS TO THE PRESIDENT'S PROPOSED FORMULA FOR REVENUE SHARING. (f) Resolution No. 6,362, entitled: A RESOLUTION AUTHORIZING THE CITY OF LITTLE ROCK, ARKANSAS TO PREPARE AN APPLICATION FOR REQUESTING FEDERAL ASSISTANCE FOR RECREATIONAL FACILITIES ALONG THE ARKANSAS RIVER FRONTAGE BETWEEN THE MAIN STREET AND BROADWAY STREET BRIDGES. By motion of Director Langston, seconded by Director Shackelford, with all Board Member present voting Aye, the Consent Items were dispensed with as follows: (a) The Minute: were approved as written and summarized to the Board of Directors; (b) The Comparative Statement of Income Account of the Municipal Water Works was received and filed; and (c, d, e & f) Resolutions No. 6,359, 6,360, 6,361 and 6,362 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. A Public Hearing had been scheduled for this time and place on the removal of street barriers at 16th & Pulaski Streets, as approved by the Community Development Block Grant Neighborhood Committee. The barriers were placed in that location during the development of the High Street Urban Renewal Project. Mayor Hubbell declared the �I / JUNE 17, 1980. Cont'd. �A Public Hearing open and invited those wishing to speak in opposition to removal of II the barriers to be heard at this time. Mr. Oyame Hampton, 1301 West 15th Street, I I voiced dissatisfaction with the CDBG Committee's failure to request input from the I Planning Commission in the decision to remove the barriers; adding, "the diverters , `j have served well, will continue to do so, and the benefits to our neighborhood will I far out-weigh-the inconvenience." Senator Jerry Jewell, a resident in the area, stated that he does not see any inconvenience caused by the barriers and suggested that a compromise be reached. Attorney P. A. Hollingsworth advised that Mr. Odis Nelson of ` 1301 West 16th Street is concerned about how he recovers fourteen feet on the northeast side, ten feet on the south and fourteen feet to the southeast side, dedicated to the City when the barriers were erected. Also, whether his property will be returned to its original condition. Attorney Philip Kaplan's opinion was that the barriers are a significant benefit to the school. Mayor Hubbell then extended the invitation to Mrs. Sallie O. Jordan, 1417 South Cross Street, to speak for removal of the barriers. She I iY ` listed various reasons such as creation of problems for emergency vehicles, sanitation trucks, inconvenience to residents and motorists, traffic congestion and the increased use of gasoline in detouring around the barriers. Bishop L. T. Walker, Elder Raymond Savage, G. R. Booker and Mrs. Peggy Veatch were among others asking that the barriers be removed. Mr. Nathaniel Hill, Director of Human Resources advised the Board of Directors that "we still do not see any reason to reverse the decision, and plan to I issue the work order for the removal of the barriers tomorrow." There was no motion for the issuance of a "stop order" on the removal of the barriers and Mayor Hubbell declared the Public Hearing closed with no action being taken. Zoning Petition No. Z- 3'4'62 was next presented from Michael Hall for James D. . , Avance, to rezone 1.19 acres located on the west side of Monroe Street at the inter- section of "B" Street, from "R -3" Single - family District to "PRD ", as approved by the Planning Commission on April 29, 1980. Attorney Philip Kaplan, representing the applicant, presented the development plan explaining that the project is designed in `` accordance with a "PUD" proposal with only twelve units per one acre tract. He describ ed the development as $55,000 to $60,000 single - family attached housing, not out of harmony with the area. Upon question by Director Bussey, Mr. Kaplan advised that the units would contain two bedrooms and two baths. Mr. George E. Wimberly of 15 Brickton Place, was the spokesman for a large group of property owners in opposition to the development. He presented a petition signed by sixty -five property owners in the immediate vicinity opposing the rezoning. Mr. Wimberly stated that "the development is not compatible - - it is a $720,000 money dealt', and cited drainage and traffic problems. Mr. Bill Polk, Mr. Leslie Singer and Mr. John R. Brummett, briefly pointed i 4 out drainage problems, that the PUD Ordinance requirements are for two acre tracts with a setback of forty feet. It was mentioned that consideration could be given to plot size slightly less than two acres if all other requirements could be met. Upon questiol II� I ill by Director Shackelford, Mr. Nathaniel Griffin, Director of Comprehensive Planning I stated, "this is the most reasonable form of development." Mr. Griffin also stated that any drainage has to be approved by the City Engineer, and that the "hammerhead" shown on the drawing will have to be large enough to accommodate emergency vehicles. Director Jones stated that, "while we are trying to promote the 'PUD' concept, this particular piece of property is in the heart of single - family and twenty -five feet of buffering might not be substantial in this case." There was no further discussion and a proposed Ordinance to rezone the property was placed on first reading, with the JUNE 17, 1980, Cont'd. title being: AN ORDINANCE RECLASSIFYING THE PROPERTY LOCATED NEAR THE INTERSECTION OF "B" STREET AND MONROE STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A motion was then made by Director Langsto which was seconded by Director Morse, 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 seven in number and two- thirds or more of the member of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion by Director Morse for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Bussey, 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; 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 - Director Morse - total 1; Noes - Directors Keith, Langston, IIIIIII Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Absent - None. Hubbell then announced that the Ordinance had FAILED OF PASSAGE. The following Zoning Changes, as approved by the Planning Commission, were then presented for consideration by the Board of Directors: Z- 3265 -A - Petition from Bob Schelle for EOA Senior House, Inc. to rezone 1.57 acres at the S/E Corner of Roosevelt Road at State Street, from "R -6" High Rise to "PRD" (Multi - family Development for Elderly.) Z -3436 - Petition from Don Chambers for Sam Peck & Associates to rezone 11.87 acres on Sam Peck Road north of the Tennis Center, from "R -2" Single - family District General Commercial District. Z -3478 - Petition from Ronald D. O'Neal, to rezone Lot 3, Top Cat Subdivision (.1.75 acres on Rebsamen Park Road, just north of Cantrell) from "I -2" Light Industrial District to "C -3" General Commercial District. Z -3479 - Petition from Larry Stigall for Blaylock, Threet & Associates, to rezon the W 100' of Lots 4, 5 & 6, Block 257, Original City of Little Rock (N /E Corner of 2nd and Ringo Streets), from "C -4" Open Display District to "C -3" General Commercial District. J to "MF -12" Multi- family District. Z -3452 - Petition from Sharon Parr for Steve and Nancy Marx, to rezone 1 acre in the 400 block North on State Resources Complex Drive (long legal description) from "R -2" Single - family District to 110 -2" Office and Institutional District. Z -3453 - Petition from Tom Byarlay for Jim Schenebeck to rezone Lot 1, Block 2, Plunkett's Subdivision of Forest Park Addition and that part of the A W'h, Block 5, Plunkett's Subdivision of Forest Park Addition lying south of Arkansas Highway #10 (15 acre on Cantrell Road at Florida Street), from "R -5 ", 110-3 ".and "C -3" Districts to "C -3" General Commercial District. Z -3473 - Petition from Universal Properties, Inc. for Roger C. Thurmond and Ben Allen, to rezone 23.9 acres on Alexander Road, 1800 feet west of Vimy Ridge Road (long legal description), from "R -2" Single - family District to "I -2" Light Industrial Distri Z -3475 - Petition from John D. Seawright to rezone Lot 7, Berkshire Place Commercial Subdivision, being a Replat of Lot 2, Berkshire Place, located at the N/E Corner of Rainwood at Green Mountain Drive, from "C -4" Open Display District to "C -3" General Commercial District. Z -3478 - Petition from Ronald D. O'Neal, to rezone Lot 3, Top Cat Subdivision (.1.75 acres on Rebsamen Park Road, just north of Cantrell) from "I -2" Light Industrial District to "C -3" General Commercial District. Z -3479 - Petition from Larry Stigall for Blaylock, Threet & Associates, to rezon the W 100' of Lots 4, 5 & 6, Block 257, Original City of Little Rock (N /E Corner of 2nd and Ringo Streets), from "C -4" Open Display District to "C -3" General Commercial District. J ` LL-- -- I JUNE 17, 1980, Cont'd. Z -3480 - Petition from Phillip Shupe for S S & S, Inc., to rezone Lot 1, Block 5, II Calloway Addition (601 -607 West 33rd Street being the S/W corner of 33rd & Arch Streets), from "C -3" General Commercial District to "R -5" Urban Residence. Z -3481 - Petition from Bud Ramsey for Scotty Barber, to rezone 6817 Asher Avenue, from "C -3" General Commercial District to "C -4" Open Display District. i Z -3482 - Petition from Bill J. Hanson for Shirley D. Maxwell to rezone the N 300 ft. of the E 90 ft. of Lot 12, West Markham Street Subdivision (10701 West Markham Street) from "R -2" Single - family District to "0 -3" General Office District. i As there was no opposition presented to the proposed reclassification of the above- described properties, an Ordinance to reclassify same was placed on first reading. rw (See Ordinance No. 13,832 as follows) Ordinance No. 13,832 was presented, described as: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, I AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, I� AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance, followed by a motion from Director Morse, seconded by Director Jones, 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 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 for a further suspension of the rules to provide for the third �I and final reading of the Ordinance at this time, with the motion being made by Director Morse, seconded by Director Shackelford, and unanimously adopted by members of the Board I� of Directors present, being seven in number and two - thirds or more of the members of thlll Board of Directors - elect. There was a third and last reading of the Ordinance, result - ing 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director 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 i an Appeal of the Planning Commission's denial on April 29, 1980 of Zoning Petition ' Z -3461, submitted by.Mr. Grady L. Wahlquist' for Irene Garner, requesting the rezoning i of property described. as Lot 23, Block 3, Riffel & Rhoton's Addition to the City of i Little Rock, from "R -2" Single - family District to "R -4" Two - family District. The Public I Hearing was declared to be open and with there being no one present to speak either for or against the rezoning, Mayor Hubbell declared the Public Hearing closed. An Ordinance I� I to rezone the property was then placed on first reading. (See ordinance No. 13,833 as follows) I Presented at this time was Ordinance No. 13,833, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY ON INDIANA AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; j� and after a first reading of the Ordinance, there was a motion from Director Keith to i suspend the rules and place the Ordinance on its second reading. The motion was second- ed by Director Langston and adopted by unanimous vote of the members of the Board of IIDirectors 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 followed by an ensuing I I motion that the rules again be suspended to allow for the third and final reading of 4 Resolution No. 6,363 was presented, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE JOHNSON STREET BETWEEN SIXTH AND SEVENTH STREETS, IN FEILDS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Resolution was read in full. A motion was then made by Director Langston that the Resolution be adopted. The motion was seconded by Director Shackelford; after which a roll call was taken and the Resolution adopted by the following roll call vote Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The next presentation was Ordinance No. 13,835, with the following caption: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK the Ordinance at this time; with the motion being made by Director Keith and seconded by Director Shackelford, 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, Langston, Morse and Bussey - total 4; Noes - Director Shackelford, Mayor Hubbell and Director Jones - total 3; Absent - None. Therefore, the Ordinance was declared to have PASSED. Presented at this time was Zoning Petition No. Z -3474, from Fred Young, to rezone 225 Thayer Street, described as Lot 10, Block 5, Capitol View Addition to the City of Little Rock, to allow for a conditional use permit in the "R -3" Single - family District, as approved by the Planning Commission. There was no opposition presented to the proposal and Ordinance No. 13,834 was considered, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 225 THAYER STREET SETTING FORTH THE CONDITIONS ATTACHED THERETO, AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion followed from Director Morse 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 seven in number and two - thirds or more of the member of the Board of Directors- elect. The Ordinance was subsequently read the second time, resulting in a motion again made by Director Morse and seconded by Director Keith, for a further suspension of the rules to allow for the third and final reading of the Ordi nance. The motion was unanimously adopted by voice vote of the members of the Board c Directors present, being seven 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 Ordi- nance. There was an Aye and No Vote then taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Morse, Busse Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Introduced next was a Petition from the Little Rock School District and the Litt] Rock Boys' Club requesting that Johnson Streetl:between 6th and 7th Streets be vacated and closed, as approved by the Little Rock Planning Commission. Included with the Petition was a letter from Beach Abstract and Guaranty Company certifying to the last owners of record of the abutting property; and also, a certified copy of E. J. Feild Addition to the City of Little Rock from the Office of the Pulaski County Circuit Clel (See Resolution -No. 6,363 below, which sets the date of Public Hearing for July 1, 1980 at 7:30 P. M.) Resolution No. 6,363 was presented, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE JOHNSON STREET BETWEEN SIXTH AND SEVENTH STREETS, IN FEILDS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Resolution was read in full. A motion was then made by Director Langston that the Resolution be adopted. The motion was seconded by Director Shackelford; after which a roll call was taken and the Resolution adopted by the following roll call vote Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The next presentation was Ordinance No. 13,835, with the following caption: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK moo' h JUNE 17,.1980, Cont'd. ARKANSAS AND MAKING SAME A PART OF THE CITY OF LITTLE ROCK; (Frazier Pike Annexation containing 368.66 acres - Court Order dated May 14, 1980) �! 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 ' I` Director Morse, 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 I, Director Shackelford, 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 I,I 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 i time. The resulting Aye and No Vote taken on the passage of the Ordinance received the ii i following response: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, sMayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared to have PASSED. IM, Director Bussey was excused. i Again presented was a proposed Resolution entitled: �I A RESOLUTION AUTHORIZING THE DEMOLITION OF THE TENNENBAUM BUILDING BY THE J. C. I HOWARD CONSTRUCTION COMPANY; AND FOR OTHER PURPOSES; with the Resolution having been read on June 3, 1980 and postponed. The matter was it 1 deferred in order to give the developers interested in restoring the building, an opportunity to reach an agreement with the City. A demolition contract was issued in 1975 to the J. C. Howard Company and the costs incurred from the contract amount to $8,932.50 and the developers were requested to pay the contractor this amount in order L to further delay the demolition. On June 17, 1980, Tennenbaum Concern, the developers, i submitted a check in the amount of $8,932.50. Mr. Larry Martin, Chairman of the Key- stone Group was present and in his opinion, restoration of the Tennenbaum Building would ( be good for tourists and conventions. A brief discussion ensued in which Director I Langston reminded Mr. Martin that the check submitted, simply buys the City out of the I demolition contracts, and upon question by Director Langston, Mr. Martin said, "we are 'i willing to pay the contractor." Director Keith stated that this money, in no way, ' commits the City to the future. Mayor Hubbell advised Mr. Martin that in order to ;C submit application for Federal funds for the riverfront development, an agreement must lbe entered into by and between the City and Tennenbaum Concern, within sixty days. Mr. Martin assured, "we will have a contract with you." There was no further discussion and a motion was made by Director Morse, seconded by Director Langston, that the Reso- lution be delayed for sixty days. The motion was unanimously adopted by voice vote of the members of the Board of Directors present. Considered at this time was Resolution No. 6,364, described as: A RESOLUTION ADOPTING AN INVESTMENT POLICY FOR THE CITY OF LITTLE ROCK AUTHORIZING INVESTMENTS IN LOCAL BANKS; AND FOR OTHER PURPOSES; and there was a full reading of said Resolution; after which a motion from Mayor Hubbell seconded by Director Morse, resulted in a roll call vote adopting the Resolution as I follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and ' Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. i u JUNE 17, 1980,: Cont'd. Introduced next was Resolution No. 6,365, with the title being: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN ON BEHALF OF THE CITY OF LITTLE ROCK A COOPERATIVE AGREEMENT BETWEEN PULASKI COUNTY SPECIAL SCHOOL DISTRICT AND THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (For community recreational activities) with there being a complete reading of the Resolution. Upon motion by Director Langsti which was seconded by Director Jones, the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Resolution No. 6,366 was presented, and entitled: A RESOLUTION APPROVING CHANGE ORDER #014 TO EXTEND A CONTRACT FOR SIGNAL IMPROVE- MENTS AT THE INTERSECTION OF MARKHAM AND CEDAR /PINE; AND FOR OTHER PURPOSES; (Honeywell Contract, Bid #9120) and said Resolution was read in full. A motion was then made by Director Langston tha 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes None; Absent - Director Bussey - total 1. Presented next was Resolution No. 6,367, with the title being: A RESOLUTION ENDORSING THE PURPOSES AND PROVISIONS OF TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 (P.L. 90 -284); INDICATING THE INTENT OF THE CITY TO PROMOTE KNOW- LEDGE OF THE PROVISIONS OF TITLE VIII; DIRECTING THE OFFICE OF HUMAN RESOURCES TO ASSIST ALL COMPLAINANTS IN FILING COMPLAINTS WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND FOR OTHER PURPOSES; (Re: Fair Housing) and the Resolution was read in its entirety. A motion was then made by Director Langston, seconded by Director Jones, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Introduced at this time was Ordinance No. 13,836, containing the following captior AN ORDINANCE CONDEMNING CERTAIN BUILDINGS IN THE CITY OF LITTLE ROCK AS STRUCTURAI FIRE AND HEALTH HAZARDS; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSAI TO RAZE AND DEMOLISH SAID BUILDINGS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A motion followed from Director Keith, seconded by Director Langston, to amend the Ordinance to include 1303 and 1305 West 10th Street on the list of buildings to be condemned. The motion was unanimously adopted by members of the Board of Directors present. A subsequent motion was then made by Director Morse, seconded by Director Shackelford, to suspend the rules and place the Ordinance, as amended, on second reading. The motion was adopted unanimously by 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, as amended, after which the rules were again suspended and the Ordinance placed on third and final reading by motion of Director Morse, seconded by Director Keith, and unanimously adopt 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, as amen ed, was followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith, Langston, Morse, Shackelford, r.. 134 111 Cont'd. F80, ll and Director Jones - total 6; Noes - None; Absent - Director Bussey !I The Emergency Section contained in Section 5 of the foregoing Ordinance was then iread and adopted by the following roll call vote: Ayes - Directors Keith, Langston, , i Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance, as amended, together with the Emergency Section was declared to have PASSED. ii Ordinance No. 13,837 was presented, entitled: I AN ORDINANCE AMENDING ORDINANCE NO. 12,501 KNOWN AS THE ORDINANCE ESTABLISHING i STANDARDS AND SPECIFICATIONS FOR THE CONSTRUCTION AND RECONSTRUCTION OF SIDEWALKS, DRIVEWAYS, BOTH PRIVATE AND COMMERCIAL, CURBS, AND GUTTERS ON PUBLIC PROPERTY; PROVID- ING FOR THE ADOPTION AND ENFORCEMENT OF STANDARDS TO PROVIDE ADEQUATE AND REASONABLE ACCESS FOR THE SAFE AND CONVENIENT MOVEMENT OF PHYSICALLY HANDICAPPED PERSONS; �i and the Ordinance was read the second time, having been read the first time on June 3, �I 1980. There was a motion made by Director Morse and seconded by Director Langston, 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, and the Ordinance was read the third and last time. Following the final reading of the Ordinance, a roll call was I' taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Mayor Hubbell then announcl- ed that the Ordinance had PASSED. fl Mr. Luke Moorman representing the Little Rock Shooting Sports Association, present - ed a request asking the Board of Directors to allow a twenty -day period to sight -in rifles at the pistol range at Rebsamen Park. A discussion followed in which Director Keith suggested that Mr. Moorman work with Police Chief Simpson in the matter, and Director Jones mentioned a compromise such as a few days prior to deer hunting season. Upon question by Mayor Hubbell, Chief Simpson said, "my concern for safety still exists. I will be opposed to a temporary season but, if that is what the Board wants, I will go with it." When questioned by Mayor Hubbell, Mr. Moorman agreed to have additional ri supervision if granted a period to sight -in rifles. There was no further discussion and Director Morse made a motion that "the Little Rock Shooting Sports Association be allowed to sight -in sporting weapons, four week -ends prior to deer hunting season, with additional supervision." The motion was seconded by Director Jones and adopted by the i following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford and Jones - total 5; Noes - Mayor Hubbell - total 1; Absent - Director Bussey - total 1. Under "J" Citizen Communications, Mr. R. C. Curton of 4624 Bowers Street and Mr. Charles Rhodes of 3108 Potter Street in John Barrow Addition, presented complaints �P regarding the construction of Sewer Improvement District #144 and suggested the removal i; of the commissioners for the District. Mayor Hubbell advised that all the complaints be "put in writing" and asked the citizens to work with Mr. Nathaniel Hill, Mr. Floyd Villines and the City Manager as soon as possible, and a "show cause hearing" will be scheduled and each side will be given an opportunity to make a presentation. ' Mr. Bob Cooper spoke to the Board regarding the high crime rate in Central Little Rock, expecially in and around MacArthur Park. He suggested that something needs to be done to alleviate the situation in the area of High Street to Cumberland Street, the River to Roosevelt Road. Police Chief Simpson advised that some adjustments have been �r JUNE 17,' '1'9'8'0 Cont'd. made in this area in an effort to reduce the crime rate. Mr. DeWayne Brannon of Jacksonville, a member of the "Dugan King Rock Band" spoke to the Board regarding the dispersal of several rock bands at Murray Park by the Police on Sunday, June 15th. The action by the Police was due to lack of proper permits and violations of noise provisions of the City Code. Mr. Brannon did not make his request clear and there was no further discussion. Mr. Bill Rock, a real estate salesman, was the last person to speak. He suggest- ed that a Moderator Committee be formed in the matter of demolition of buildings. It was his opinion that there are over 2,000 below- standard structures in the City that could be restored for low -cost housing, rather than demolishing them. At this point, Director Morse made a motion that the Board recess to executive session to arrive at a workable number of applicants for the position of City Manager. The motion was seconded by Director Keith and unanimously adopted by the Board Members present. At 1:00 o'clock A. M. the Board of Directors of the City of Little Rock, Arkansas reconvened from executive session to regular session with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors answered roll call: Directors Keith, Langston, Morse, Shackelford and Jones - total 5; Absent - Director Bussey - total 1. Mayor Hubbell announced that no action was taken and with no other business to be presented or to come before the Board of Directors, upon motion of Mayor Hubbell, seconded by Director Keith, the meeting was adjourned at 1:05 o'clock A. M., to meet again in regular session on Tuesday, July 1, 1980 at 7:30 o'clock P. M. ATTEST: �( APPROVED: r %` %? /eii; City Clerk Mayor * * * * * * * * * * 34 40 1 Board of Directors Conference Room I! Little Rock, Arkansas June 25, 1980 - 8:45 A. M. J The Board of Directors of the City of Little Rock, Arkansas met in Special Session it with Mayor Hubbell presiding and Assistant City Clerk Robbie Hancock and the following Directors present: Directors Keith, Langston, Morse, Shackelford and Jones - total 6; I i Absent - Director Bussey - total 1. A quorum was declared to be present, and the proceedings of the meeting are recorded as follows: Mayor Hubbell stated that the purpose of the Special Meeting was to consider Resolution No. 6,368, described as: IMA RESOLUTION HONORING ROBERT M. CRISP UPON HIS RETIREMENT FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE LITTLE ROCK REGIONAL AIRPORT AND THE CITIZENS OF LITTLE �I ROCK; AND FOR OTHER PURPOSES; (Notice of Special Meeting not filed in Clerk's Office - Notice given by telephone) ' and said Resolution was read in full. A motion was then made by Director Morse, seconded by Director Keith, which resulted in adoption of the Resolution by the rj ` following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, II Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. There being no further business to come before the Board of Directors, upon II motion by Director Keith, seconded by Director Langston, the meeting was adjourned at 8:50 A. M. to meet again in regular session on Tuesday, July 1, 1980 at 7:30 o'clock P. M. I ATTEST: APPROVED: ?"V W4�1 City Clerk Mayor , C I I I 1 i `I (I Board of Directors Conference Room Little Rock, Arkansas ' June 27, 1980 - 4:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in special session with Mayor Hubbell presiding and Assistant City Clerk Robbie Hancock and the following Directors present: Directors Keith, Langston, Shackelford and Jones - total 4; Absent - Directors Morse and Bussey - total 2. Mayor Hubbell announced that a quorum was present, and the purpose of the special meeting was to discuss applicants for the position of City Manager. (Notice of Special Meeting filed with City Clerk) Director Langston then made a motion, seconded by Director Keith, that the Board of Directors recess to executive session to consider the applicants. The motion at 7:30 o'clock P. M. ATTEST: P4U ' City Clerk APPROVED: Mayor * * * * * * * * * * I was unanimously adopted by the Board Members present. At 5:00 o'clock P. M. the Board of Directors reconvened from executive session with Mayor Hubbell presiding and Assistant City Clerk Robbie Hancock. The following directors answered roll call: Directors Keith, Langston, Shackelford and Jones - total 4; Absent - Directors Morse and Bussey - total 2. An announcement was made by Mayor Hubbell that four finalists had been chosen for interviews for the position of City Manager. They are: Mahlon Martin, former Deputy City Manager of Little Rock; John E. Arnold, City Manager of Fort Collins, Colorado; Scott Johnson, Assistant City Manager of Oklahoma City, Oklahoma; and Roger Crum, Assistant City Manager of Spokane, Washington. There being no further business to come before the Board of Directors, upon motion by Director Keith, seconded by Director Langston, the meeting was adjourned at 5:05 o'clock P. M. to meet again in regular session on Tuesday, July 1, 1980 at 7:30 o'clock P. M. ATTEST: P4U ' City Clerk APPROVED: Mayor * * * * * * * * * * I -346' -- i Board of Directors Chamber Little Rock, Arkansas July 1, 1980 - 7:30 P. M. I� The Board of Directors of the City of Little Rock, Arkansas met in regular session �I with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Absent - iDirector Morse - total 1. I� II Mayor Hubbell announced that a quorum was present, and the meeting proceeded as herein recorded: II The Invocation was given by Director Langston. The first presentation from the Official Agenda consisted of the Consent Items, described as follows: II (a) The Minutes of the previous meeting held June 17, 1980 and the Special Meeting held June 25, 1980. (b) The Comparative Statement of Income Account of the Little Rock Municipal +) Water Works for the month of May, 1980. (c) Resolution No. 6,369, entitled: I jI A RESOLUTION AUTHORIZING THE INCREASE OF THE "NOT TO EXCEED" AMOUNT CONTAINED IN THE CONTRACT FOR SITE IMPROVEMENTS IN THE GRANITE MOUNTAIN, CENTRAL LITTLE ROCK AND WOODRUFF SCHOOL AREAS FROM $400,000.00 TO $460,000.00; AND FOR OTHER PURPOSES. (d) Resolution No. 6,370, with the title being: A RESOLUTION WAIVING COMPETITIVE BIDDING, AUTHORIZING THE CITY ii MANAGER TO AWARD A CONTRACT TO THE PORTER- CRAWFORD COMPANY OF LITTLE I ROCK TO ERECT A KIRBY METAL BUILDING FOR SANITATION COLLECTION OPERATIONS; IIAND FOR OTHER PURPOSES. (e) Resolution No. 6,371, described as: II A RESOLUTION DENYING THE APPEAL AND PETITION FILED BY PFEIFER PLUMBING AND HEATING CO., INC. WHICH ASKED THAT THE BOARD OF DIRECTORS REVERSE THE DECISION OF THE SEWER COMMITTEE OF THE CITY OF LITTLE ROCK , AND ORDER A REFUND OF $2,050.00; AND FOR OTHER PURPOSES. (f) Resolution No. 6,372, containing the following title: I i A RESOLUTION DESIGNATING A TRUSTEE FOR CITY OF LITTLE ROCK, ARKANSAS ;I HOTEL AND RESTAURANT GROSS RECEIPTS TAX BONDS (LITTLE ROCK CONVENTION CENTER PROJECT), SERIES 1980. (g) Resolution No. 6,373, entitled: A RESOLUTION ENDORSING THE PROPOSALS APPROVED BY THE CENTRAL ARKANSAS i CONSORTIUM PRIVATE INDUSTRY COUNCIL FOR THE ACCEPT AND THE CARPENTERS APPRENTICE PROGRAM; AND FOR OTHER PURPOSES. I By motion of Director Jones, 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 were approved as written and summarized to the Board of Directors; (b) The Comparative Statement of Income Account was received and filed; and (c, d, e, f & g) ' Resolutions No. 6,369, 6,370, 6,371, 6,372 and 6,373, were read in full and adopted by - II the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - i ` total 1. „ JULY 1, 1980, Cont'd. Introduced at this time was Ordinance No. 13,838, with the title being: AN ORDINANCE AMENDING ORDINANCE NO. 13,528 OF THE CITY OF LITTLE ROCK, ARKANSAS ADOPTED NOVEMBER 7, 1978; INCREASING THE AUTHORITY OF THE CITY OF LITTLE ROCK RESIDENT-11 I ' IAL HOUSING FACILITIES BOARD TO ISSUE REVENUE BONDS; PRESCRIBING OTHER MATTERS RELATIN THERETO; AND DECLARING AN EMERGENCY; i and there was a first reading of the Ordinance. Director Keith commented that this is a necessary project and will provide employment for the tradesmen in Little Rock, by stimulating the building trade. A motion was then made by Director Shackelford, which was seconded by Director-Jones, that the rules be suspended and the Ordinance be placed on second reading; with the motion being adopted by a voice vote of 5 ayes, 0 noes, Mayor Hubbell abstaining and Director Morse absent. The Ordinance was subsequently read the second time, resulting in a motion 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 seconded by Director Langston, adopted by a voice vote of 5 ayes, 0 noes, Mayor Hubbell abstaining and Director Morse absent, and followed by 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, Langston, Bussey, Shackelford and Jones - total 5; Noes - None; Abstaining - Mayor Hubbell - total 1; Absent - Director Morse - total 1. The Emergency Clause contained in Section 6 of the above Ordinance was read at this time and subsequently adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Noes - None; Abstaining - Mayor Hubbell - total 1; Absent - Director Morse - total 1. It was announced that the Ordinance and Emergency Section had PASSED. Resolution No. 6,374 was the next presentation, described as: A RESOLUTION APPROVING THE PLANNING ALLOCATIONS FOR THE CENTRAL ARKANSAS CONSORT- IUM AS RECOMMENDED BY THE CENTRAL ARKANSAS PLANNING COUNCIL; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. Director Bussey commented about the CETA Program saying, "we feel this is one of the best programs, the Consortium has gained ' credibility nation -wide and I do not agree with anyone who involves programs for the mentally and physically handicapped in politics." He then made a motion, seconded by Director Langston, to amend the Resolution as follows: "Title IV - YETP - Add 'Pathfinders' - skills in training for the mentally and physically handicapped - $75,000 Delete 'Arkansas Arts Council' - apprentices in the the arts - $75,000 Title IV - YCCIP- Add 'Arkansas Arts Council - apprentices in the arts - $75,000" a roll call was taken which adopted the motion as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. With the Resolution having been amended, there was a subsequent motion from Director Bussey, seconded by Director Langston, that the Resolution be adopted, with the outcome recorded as follows: Ayes - DireCt03 Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. Therefore, the Resolution, as amend( was adopted. Again presented was the Petition from the Little Rock School District and the Little Rock Boys' Club requesting that Johnson Street between 6th and 7th Streets be vacated and closed, as approved by the Little Rock Planning Commission. A Public 1 JULY 1, 1980, Cont'd. Hearing had been scheduled for this time and place by Resolution No. 6,363, with Notice thereof having been duly published on June 20, 1980 and June 27, 1980 as required by Law. Mayor Hubbell then declared the Public Hearing open. The proponents were the first to be heard. Mr. Don Evans, Architect for the renovation of Woodruff School was the first speaker. He introduced members of the Little Rock School Board and Little Rock Boys Club Officers. Those speaking for the street closure included Jo Ann Rose, Dorothy Pilochowski, Mary Dee Terry, David Elms, Gregory Ferguson, Bill Sherman, C. O. Magee, Dan R. Robinson, II, and Lee Rogers. Mr. Rogers, speaking for the Boys Club, advised that "we are behind this project which will add to the community." Upon question by Director Bussey, Mr. Rogers felt the project is not feasible if the street is not closed. Mr. Elms, ,a member of the Block Grant Committee recommended a compromis of temporarily closing the street for two to three months; that the City monitor traffi counts during this time and at the end of that period, hold another public hearing and the Board of Directors vote on the matter at that time. He also recommended the instal ation of a flashing red light at 5th & Woodrow Streets. State Representative George E. Wimberly was the spokesman for the group opposing the street closure, who live in the immediate neighborhood. He presented a petition opposing the street closure and expressed very strong feeling against the proposal and upon question by Director Bussey advised that "Mr. Elms' Plan is not my cup of tea." Director Bussey then asked Rep- resentative Wimberly if he would consider an overpass. He replied, "we don't need it." With no further discussion, the Public Hearing was closed and an Ordinance to close Johnson Street between 6th and 7th Streets was placed on first reading. (See Ordinance No. 13,839 below) Ordinance No. 13,839 was presented, entitled: AN ORDINANCE VACATING AND CLOSING JOHNSON STREET BETWEEN SIXTH AND SEVENTH STREETS IN FEILDS ADDITION TO THE CITY OF LITTLE ROCK; with said Ordinance being read the first time. A motion followed from Director Keith, seconded by Mayor Hubbell, that the Ordinance be amended by removing the following phrase: "has not been actually used by the public generally for a period of five (5) years subsequent to the filing of the plat "; and, that the Ordinance contain terminolog to conform with the State Statutes to allow the City to close the street. The motion was adopted by voice vote of the members of the Board of Directors present, with five ayes and Director Bussey voting no. A subsequent motion then followed from Director Keith that the rules be suspended and the Ordinance, as amended, be placed on second reading. The motion was seconded by Director Jones and submitted to the following roll call vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Bussey - total 1; Absent - Director Morse - total 1. With the rules having been suspended there was a second reading of the Ordinance, as amended, followed by a motion from Director Jones, seconded by Director Keith, that the Ordinance, as amended, be placed on third and final reading. The motion was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Bussey - total 1; Absent - Director Morse - total 1. After the suspension of the rules, the Ordinance, as amended was read the third and last time, followed by an Aye and No Vote taken on the passage of the Ordinance, which resulted as herein described: Ayes - Directors Keith, Langston Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Bussey - total 1; Absent - Director Morse - total 1. Whereupon, the Ordinance, as amended, was declared PASSED. L JULY 1, 1980, Cont'd. Introduced next was Ordinance No. 13,840, with the caption being: AN ORDINANCE APPROPRIATING FUNDS FROM INTEREST EARNED ON THE 1977 CAPITAL IMPROVE- MENT FUND AND AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF STORM DRAINAGE IMPROVEMENTS ON'SIXTH STREET BETWEEN ELM AND PINE STREETS; AUTHORIZING AN AGREEMENT BETWEEN THE VETERANS ADMINISTRATION, STATE OF ARKANSAS AND THE CITY OF LITTLE ROCK PERTAINING TO STORM DRAINAGE IMPROVEMENTS ON SIXTH STREET; APPROPRIATING $413,726.00 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR THE RODNEY PARHAM ROADWAY IMPROVEMENT PROJECT; APPROPRIATING $100,000.00 FROM THE INTEREST EARNED ON THE 1977 CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF LAND IN THE FOURCHE BOTTOMS; APPROPRIATIN, $15,000.00 FROM INTEREST EARNED ON THE 1977 CAPITAL IMPROVEMENT FUND FOR ENGINEERING AND RELATED SERVICES FOR VARIOUS PARKS PROJECTS; APPROPRIATING $50,000.00 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR THE PURCHASE AND INSTALLATION OF TRAFFIC SIGNAL EQUIPMENT ON RODNEY PARHAM; APPROPRIATING $45,000.00 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR PURCHASE AND INSTALLATION OF TRAFFIC SIGNAL EQUIPMENT AT THE INTERSECTION OF UNIVERSITY AVENUE AND FORBING ROAD; APPROVING CHANGE ORDERS TO THE HONEYWELL, INC., CONTRACTS; AUTHORIZING THE PURCHASE OF ADDITIONAL TRAFFIC SIGNAL POLES; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance, followed by a motion from Director Jones, seconded by Director Keith, 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 Ordinance ensued. A motion was then made for a further suspension of the rules to provide for the third and last reading of the Ordinance at this time; with the motion being made by Director Keith, seconded by Director Jones, 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, result ing 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, Langston, Bussey, A Resolution, No. 6,375, that did not appear on the Official Agenda, was pre Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - ' IIIII�I Director Morse - total 1. It was announced that the Ordinance had PASSED. A Resolution, No. 6,375, that did not appear on the Official Agenda, was pre at this time, with the title being: A RESOLUTION AUTHORIZING RIVERSIDE CABLE T.-V., INC. TO CONSTRUCT A TELEVISION STUDIO ON THE GROUNDS OF THE EAST LITTLE ROCK COMMUNITY COMPLEX; AND FOR OTHER PURPOSE; which Resolution was then read in full. A motion was made by Director Langston, seconded by Director Bussey, that the Resolution be adopted. The motion was submitted to a roll call vote which adopted the Resolution as recorded herein: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. The next presentation was Resolution No. 6,376, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS FOR A CONTRACT FOR DESIGN SERVICES AIMED AT IMPROVEMENT OF EMERGENCY MEDICAL SERVICES IN THE CITY OF LITTLE ROCK; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH "THE 4TH PARTY CONSULTANTS FOR THE PREPARATION OF A RECOMMENDATION FOR IMPROVEMENT OF AMBULANCE SERVICES IN THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; with said Resolution being read in full. A motion was then made by Director Keith that the Resolution be adopted. The motion was seconded by Director Jones after whicl JULY 1, 1980, Cont'd. a roll call was taken and the Resolution was adopted as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1. A Notice of Public Hearing had been duly published and scheduled for this time and place advising the intention of the Board of Directors to enter into a Memorandum of Intent between the City of Little Rock, Arkansas and Fausett /Vantage Company, pertaining to the issuance of $6,000,000 Industrial Development Revenue Bonds for financing the acquisition, construction and equipping of industrial facilities consis ing of lands, building, improvements and facilities. Mayor Hubbell then declared the Public Hearing open and invited persons interested to speak. Attorney Jack Williams was present to answer any questions, and with there being none, Mayor Hubbell declared the Public Hearing closed and the Resolution, No. 6,377, was presented, containing the following heading: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE FAUSETT /VANTAGE COMPANY PERTAINING TO THE ISSUANCE OF IN DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; ' and the Resolution was read in its entirety. A motion was then made by Director Keith, seconded by Director Bussey, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - total 1 The last Resolution to be presented was No. 6,378, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE HISTORIC DISTRICT COMMISSION; REAPP MENTS TO THE OAKLAND- FRATERNAL CEMETERY BOARD; A REAPPOINTMENT TO THE LITTLE ROCK PORT AUTHORITY; A REAPPOINTMENT TO THE WASTEWATER UTILITY COMMISSION; AN APPOINTMENT TO THE SIGN BOARD OF REVIEW; AND FOR OTHER PURPOSES; (Historic District - Mr. Lonnie Powers; Oakland - Fraternal Cemetery - Mr. Jerome H. Hamner, Mr. C. H. McCrory, Mr. R. E. Hawkins and Ms. Inola H. Childress; Port Authority - Mr. Lawrence B. Burrow; Wastewater Utility Committee - Mr. Theodore C. Treadway, III; Sign Board of Review - Mr. 0. D. Tucker) and said Resolution was read in full. A motion was then made by Director Keith that the Resolution be adopted. The motion was seconded by Director Bussey; after which a ' roll call was taken and the Resolution adopted as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - T il None; Absent - Director Morse - total 1. Under "J" Citizen Communications, Mrs. Lottie Thomas of 2815 west 13th Street, spoke relative to the replacement of the 13th Street Bridge stating, "we are still expecting you to follow through on your commitment." The City Manager was requested to prepare an update on the matter by the next Board Meeting. Mrs. Ellen T. Carpenter, 3109 Center Street, Chairperson of the East Little Rock CDBG Program expressed thanks to the Board of Directors for their cooperation and assistance in helping to alleviate the situation in that area, commenting that with the Board's continued help, more problems will be solved. Mr. Jeffrey L. Hawkins, 1022 Inez Street, also thanked the Board of Directors for their past cooperation but, asked them to "think about the pot holes in the ' streets and the weeds that need cutting on the vacant lots." JULY 1, 1980, Cont'd There being no other business to be presented or to come-before the Board of Directors, upon motion of Director Langston, seconded by Director Bussey, the meeting was adjourned at 9:45 o'clock P. M. to meet again in regular session on Tuesday, July 15, 1980 at 7:30 o'clock P. M. ATTEST: 7`�-�`" "'� ail (� City Clerk APPROVED: Mayor * * * * * * * * * * * * * * I! II I, d Board of Directors Conference Room ' Little Rock, Arkansas July 2, 1980 - 2:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in Special Session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors answering roll call: Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Absent - Director Morse - total 1. Mayor Hubbell stated that a quorum was present and the purpose of the meeting was to discuss applicants for the position of City Manager. (Notice filed with City Clerk) A motion was made by Director Keith, seconded by Director Jones, to go into Executive Session for the above stated purpose. The motion was unanimously adopted by Board Members present. , At 4:55 o'clock P. M. Mayor Hubbell announced to the news media and those present that no action was taken. Director Keith then made a motion, seconded by Director Langston, to adjourn the -Special Session. The motion was unanimously adopted by the Board Members present. YX ATTEST: APPROVED: City Clerk Mayor t 10 Board of Directors Conference Room ' II Little Rock, Arkansas July 3, 1980 - 9:00 A. M. The Board.of Directors of the City of Little Rock, Arkansas met in Special Session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Absent - Director Morse - total 1. A quorum was declared to be present and the proceedings of the meeting are recorded as follows: Mayor Hubbell stated that again, the purpose of the meeting was to discuss applicants for the City Manager Position. (Notice filed with City Clerk) Before a motion was made to go into Executive Session, Resolution No. 6,379 was unanimously adopted, expressing appreciation to Carleton E. McMullin for his contributions to the City of Little Rock as City Manager. Director Langston then made a motion to go into Executive Session, which was seconded by Director Jones and unanimously adopted by the Board Members present. At 2:30 P. M., an announcement was made by Mayor Hubbell that no action was taken and that public interviews with the four final applicants for City Manager would be held in the Board-of Directors Chamber beginning at 3:00 P. M. There was no further business to be considered and the _-,Special Session was adjourned upon motion by Director Keith, seconded by Director Langston, which was unanimously adopted. // ATTEST: (`�,�(/!�1��_CI� Auk APPROVED: ��� U City Clerk Mayor * * * * * * * * * * * * r Board of Directors Conference Room Little Rock, Arkansas July 7, 1980 - 5:15 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in a Special Meeting set for 5:00 P. M. pursuant to State Statutes, with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared present by Mayor Hubbell and following is an account of the proceedings: Mayor Hubbell announced that the purpose of the meeting was to discuss applicants for the position of City Manager (Notice filed with City Clerk), and a motion followed from Director Keith, seconded by Director Bussey and unanimously adopted, to go into Executive Session. At 5:35 o'clock P. M., the Executive Session was concluded and the meeting was opened to the news media and public. Mayor Hubbell asked if there was a motion to be , made and Director Morse moved that Mr. Floyd G. "Buddy" Villines be appointed Acting City Manager until such time as a new City Manager assumes office. The motion was seconded by Director Shackelford and unanimously adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. At this point, Director Keith stated that he would like to make a motion and moved that "Mr. Mahlon A. Martin be employed as City Manager for the City of Little Rock." The motion received a se from Director Langston and the roll call vote is recorded as follows: Ayes - Director Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the motion was unanimously ADOPTED. There being no further business to be presented, the Special Meeting was adjourned at 5:40 P. M. upon motion by Director Langston, seconded by Director Morse, which was unanimously adopted. ATTEST: (��[�✓ APPROVED: 77 City Clerk Mayor * * * * * * * * * * Board of Directors Chamber l' � II Little Rock, Arkansas ' July 15, 1980 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session, with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors i present: Directors Keith, Morse, Shackelford and Jones - total 4; Absent - Directors Langston and Bussey - total 2. ' It was announced by the Mayor that a quorum was present, and the proceedings of I the meeting are recorded as follows: OTHER PURPOSES. (d) Resolution No. 6,382, with the title being: A RESOLUTION APPROVING THE FINAL RECOMMENDATIONS OF THE CENTRAL ARKANSAS CONSORTIUM PRIVATE INDUSTRY COUNCIL FOR FISCAL YEAR 1980; AND FOR OTHER PURPOSES. (e) Resolution No. 6,383, containing the following title: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE EAST 8TH STREET BETWEEN BOND AND BENDER STREETS, IN 1000 ACRE GRANT ADDITI TO THE CITY OF LITTLE ROCK, ARKANSAS; The petition was filed by Arktic Ice, Inc., et al, to vacate and close that portion of East 8th Street between Bond and Bender Streets, having been approved by the Planning Commission. Attached to the petition was a letter from the Beach Abstract & Guaranty Company certifying to the apparent owners of property abutting the proposed closing of East 8th Street, and a copy of the plat of the SW;, Section 1, Township 1 North, Pulaski County, Arkansas. Public Hearing date was set for Tuesday, The Invocation was given by Director Morse. Director Langston was enrolled. The first matter on the Official Agenda was the presentation of Certificates of Appreciation to the Safety Commission by Mayor Hubbell. Before the presentation, Ms. Gladys E. Post, Chairman of the Little Rock Safety Commission, explained the "School Street Safety Statistical Survey" and "Safety Town" Programs and introduced members of the Safety Commission, along with the principal and a teacher at Cloverdale Elementary School. Certificates were presented to Marilyn Carrico, Ida D. Boles, Maury Loket and Ms. Post. Also, to Mr. John Greenwood, principal, and Mrs. Nancy Eddy, teacher, at the above named school. Director Jones expressed appreciation to the Safety Commission for the work they are doing. The Consent Agenda was considered next, consisting of the following items: (a) The reading of the Minutes of the previous meeting held July 1, 1980 and the Special Meetings held July 2, 3 and 7, 1980. (b) Resolution No. 6,380, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR A DUMP TRUCK AND STORM DRAINAGE FOR THE JOHN BARROW AREA CDBG FIFTH YEAR PROJECT; AND FOR OTHER PURPOSES. (c) Resolution No. 6,381, described as: A RESOLUTION AUTHORIZING THE EXTENSION OF A CONTRACT WITH CONSULTANTS FOR ENGINEERING FOR THE 9TH AND BOND STREETS IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES. (d) Resolution No. 6,382, with the title being: A RESOLUTION APPROVING THE FINAL RECOMMENDATIONS OF THE CENTRAL ARKANSAS CONSORTIUM PRIVATE INDUSTRY COUNCIL FOR FISCAL YEAR 1980; AND FOR OTHER PURPOSES. (e) Resolution No. 6,383, containing the following title: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE EAST 8TH STREET BETWEEN BOND AND BENDER STREETS, IN 1000 ACRE GRANT ADDITI TO THE CITY OF LITTLE ROCK, ARKANSAS; The petition was filed by Arktic Ice, Inc., et al, to vacate and close that portion of East 8th Street between Bond and Bender Streets, having been approved by the Planning Commission. Attached to the petition was a letter from the Beach Abstract & Guaranty Company certifying to the apparent owners of property abutting the proposed closing of East 8th Street, and a copy of the plat of the SW;, Section 1, Township 1 North, Pulaski County, Arkansas. Public Hearing date was set for Tuesday, 356flF�JIULY _ 15, 1980, Cont'd. August 5, 1980 at 7:30 o'clock P. M. (f) Resolution No. 6,384, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE 30TH STREET BETWEEN LONGCOY AND TATUM STREETS IN JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; I The petition was filed by William M. Watson, et al, to vacate and close 30th Street between Longcoy and Tatum Streets in the City of Little II Rock, and was approved by the Planning Commission. Attached to the petition !I was a letter from the Pulaski County Title Company certifying to the apparent owners of property abutting the proposed closing of this portion of 30th Street, and a certified -copy of the plat of the John Barrow Addition to I the City of Little Rock. Public Hearing date was set for Tuesday, i August 5, 1980 at 7 :30 o'clock P. M. (g) Resolution No. 6,385, with the title being: i A RESOLUTION COMMITING CITY FUNDS IN THE AMOUNT OF $7,351 AS THE I CITY'S MATCHING FUNDS FOR IMPROVEMENTS TO THE LITTLE ROCK POLICE DEPARTMENT DETENTION FACILITY. I By a motion from Director Shackelford, seconded by Director Jones, with all members Iil 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, c, d, e, f & g) Resolutions No. 6,380, 6,381, 6,382, 6,383, 6,384 and 6,385 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The sale of property owned by the City was discussed at this time and a Resolution appeared on the Agenda authorizing the City Manager to accept an offer to purchase Block 15, Pope's Addition to the City for which three offers had been received. The �I land was acquired by the City under an Urban Renewal Project, bounded by Third, Fourth, �i Commerce and Sherman Streets. A development plan was presented by each of the three bidders or their representatives, with the first speaker being Mr. Ralph Bozeman, irepresenting Mr. B. G. Coney. He explained that Mr. Coney's proposal consists of the construction of 64 condominiums with contemporary - architecture, cost to be $55.00 to $65.00 per square foot. He advised that the development will have a seven -foot brick !I wall surrounding it with security officers on duty. Mr. Coney's offer was for $172,000.. Attorney Jim Guy Tucker, in partnership with Jim McDougal and Dewey Pigue, presented their proposal to construct a development of fifty apartments designed in federal -style architecture similar to some of the buildings at the Territorial Restoration. Mr. Tucker bid $160,000 for the property. He contended that his development would be long- term enhancement of the area. Mr. Gene Lewis of Rector - Phillips- Morse, represented Mr. Ralph Coppess who wishes to purchase the property to move his automobile agency from 10th and Spring Streets. Mr. Coppess' bid reflected a price of $158,000 also, $60,000 for an additional half block north of the subject property. The successful bidder will be required to submit a development plan for approval by the City; construc;�� ' I IIII ion must start within 120 days; and, $25,000 earnest money must be paid and if construct ion is not started within the required time frame, the money is to be retained by the �I City. A discussion ensued in which the three developers agreed to a purchase price of $172,000 for the block, and compliance with the requirements except, Mr. Coppess advise) JULY 15, 1980, Cont'd. I/ Nthat he could not begin construction until April 1, 1980. Mr. Mark Stodola, President 11 of the Quapaw Quarter Association, advised "our interests are in the revitalization and restoration of the downtown area and we are excited about the possibility of having a residential development to complement the MacArthur Park Neighborhood to the south." Mr. Sterling Cockrill, Executive Director of Little Rock Unlimited Progress said, "we encourage any high quality development and we support all three of the proposed projects." Upon request for Staff input by Director Jones, Mr. Nathaniel Griffin, Director of Comprehensive Planning commented that "we are fortunate to have application: of quality - - all three are satisfactory. The question is, 'what do we want to do wit] long -term downtown ?' I felt Mr. Tucker's proposal was preferable for several reasons; the architectural design, overall needs, the City needs more apartments." There was no further discussion and Director Langston made a motion, seconded by Director Keith, that the bid of Mr. Ralph Coppess be accepted. A roll call vote was taken on the motio with the results recorded as follows: Ayes - Directors Keith and Langston- total 2; Noes - Director Shackelford, Mayor Hubbell and Director Jones - total 3; Abstaining - Director Morse - total 1; Absent - Director Bussey - total 1. With the motion failing, there was an ensuing motion by Director Shackelford, seconded by Director Jones, to accept the bid submitted by Mr. B. G. Coney. The roll call vote taken on the motion received the following response: Ayes - Directors Shackelford and Jones - total 2; Noes - Director Langston and Mayor Hubbell - total 2; Abstaining - Directors Keith and Morse - total 2; Absent - Director Bussey - total 1. With this motion also fail- ing, a motion was made by Director Langston, seconded by Mayor Hubbell, that the bid submitted by Jim Guy Tucker & Associates be accepted. The results of the roll call on the motion are recorded as follows: Ayes - Director Langston and Mayor Hubbell - total 2; Noes - Directors Shackelford and Jones - total 2; Abstaining - Directors Keith and Morse - total 2; Absent - Director Bussey - total 1. With the three motion: having failed, Mayor Hubbell called for a five - minute recess. At 8:50 o'clock P. M. the Board of Directors reconvened with six Directors answering roll call and Director Bussey being absent. Mayor Hubbell then made a motion that "the property be sold to Jim Guy Tucker & Associates for the sum of $172,000." The motion received a second from Director Langston, with the roll call recorded as follows: Ayes - Director Langston and Mayor Hubbell - total 2; Noes - Directors Shackelford and Jones - total Abstaining - Directors Keith and Morse . - total 2; Absent - Director Bussey - total 1. With the motion failing, Mayor Hubbell suggested reconvening at the Agenda Session on July 23, 1980, in an attempt to accept one of the bids submitted. The Resolution was not read and no action was taken on its adoption. The following Zoning Changes, as approved by the Planning Commission, was then presented for consideration by the Board of Directors: Z -3445 - Petition from Norman Holcomb, agent for Martha Johnston to rezone 416 North Pierce Street, described as part of Lot 16, Howard Adams Subdivision, from "R -3" Single - family to "R -5" Urban Residence District. Z -3484 - Petition from Attorney William L. Terry for Utilities & Financial Corporation, to rezone the N/E Corner of Rodney Parham Road at Reservoir Road, from "R -2" Single - family to "C -3" General Commercial District. Z -3490 - Petition from James Howard Hagler to rezone 34 acres on Alexander Road at Vimy Ridge Road (long legal description) from "R -2" Single - family to "I -2" Light Industrial District. I/ Ir JULY 15, 1980, Cont'd. I Z -3492 - Petition from Attorney Charles Matthews for Stagecoach Road Joint Venture, to rezone 56 acres on Stagecoach Road near Saline County Line (long legal i description) from "R -2" Single - family to "I -2" Light Industrial District. As there was no opposition presented to the proposed reclassification of the i above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,841 as follows) r I Ordinance No. 13,841 was presented, described as: Y1 AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; I with there being a first reading of the Ordinance, followed by a motion from Director jl Langston, seconded by Director Keith, 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 Ordinance ensued. A motion was then made for a further suspension of the rules to provide for the third la and final reading of the Ordinance at this time, with the motion again being made by I Director Langston, seconded by Director Keith, and unanimously adopted by members of II 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 I 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None,- Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Presented at this time was Zoning Petition No. Z -3491, from Darrell Odom for the Second Baptist Church, to rezone the S/W Corner of Cumberland and 7th Streets, described as Lots 1, 2, 3, 10, 11, 12 and the W 125'' of Lot 4 and the W 125' of the I N 1/2 of Lot 5, Block 27, Original City of Little Rock, to allow for a conditional use � itpermit, as approved by the Planning Commission. There was no opposition presented to the proposal and Ordinance No. 13,842 was considered, entitled: i AN ORDINANCE GRANTING APPROVAL OF A PLANNED DEVELOPMENT ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CUMBERLAND AND 7TH STREETS, SETTING FORTH THE CONDITIONS ATTACH - THERETO AND FOR OTHER PURPOSES; lED and after a first reading of the Ordinance, there was a motion from Mayor Hubbell to suspend the rules and place the Ordinance on its second reading. The motion was second - i l ed by Director Keith and adopted by unanimous vote of the members of the Board of i Y Directors present, being six in number and two - thirds or more of the members of the F Board of Directors - elect. The Ordinance was read the second time followed by an I� ensuing motion that the rules again be suspended to allow for the third and final �I reading of the Ordinance at this time; with the motion being made by Director Keith and seconded by Director Morse, and 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. 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared PASSED. tl JULY 15, 1980, Cont'd. WIi, I� A Public Hearing, as required by law, had been scheduled for this time and place, it with notice thereof having been duly published in the Arkansas Democrat, on the annex- ation of property to Mabelvale- Alexander Sewer Improvement District No. 142, described ' the S 1/2 of Section 18, Township 1 South, Range 13 West, Pulaski County Arkansas. as The purpose of the annexation is for the construction of a sanitary sewer collection system of the sewer district. Mayor Hubbell declared the Public Hearing open and �4I invited those wishing to address the issue to come forward and be heard. There was no III one present who responded to the invitation and the Public Hearing was declared closed it I� and the Ordinance to annex the property was placed on first reading with the number � being 13,843 and the following title: r AN ORDINANCE ANNEXING TERRITORY TO MABELVALE- ALEXANDER SEWER IMPROVEMENT DISTRICT NO. 142 OF LITTLE ROCK, ARKANSAS; and there was a first reading of the Ordinance. A motion followed from Director Keith, which was seconded by Director Morse, 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 subsequently read the second time, resulting.in a motion again made by Director Keith and seconded by Director Morse, for I i a further suspension of the rules to allow for the third and final reading of the l Ordinance. The motion was unanimously adopted by voice 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. { The next presentation was Ordinance No. 13,844, with the following caption: AN ORDINANCE APPOINTING AND EMPLOYING MAHLON A. MARTIN CITY MANAGER FOR THE CITY OF LITTLE ROCK; PROVIDING FOR HIS SALARY, AUTHORITY, DUTIES AND RESPONSIBILITIES; AND I, FOR OTHER PURPOSES; and there was a first reading of the Ordinance. The rules were then suspended and the li Ordinance placed on its second reading by a motion from Director Morse, seconded by Director Shackelford, 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 Keith, again seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was � I unanimously adopted by the Board Members present, being six in number and two - thirds or i 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared to have PASSED. tIntroduced next was Ordinance No. 13,845, entitled: AN ORDINANCE APPROPRIATING $40,000.00 FROM THE UNAPPROPRIATED BALANCE OF THE STREET FUND FOR A FABRIC FILTER SYSTEM FOR THE CITY'S ASPHALT PLANT; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. A motion them followed from I JULY 15, 1980, Cont'd. i Director Morse, seconded by Director Shackelford, to suspend the-rules and place the �I 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 ICI motion was made and seconded by Directors Keith and Shackelford, respectively, that the rules again be suspended to provide for the third and final reading of the Ordinance at this time; with the motion being 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 I Vote was taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey — total 1. It was announced that I the Ordinance had PASSED. Director Langston was excused. A Public Hearing had been advertised for this time and place regarding a Memorand of Intent between the City and Archer - Daniels - Midland Company, pertaining to the issuance of Industrial Development Revenue Bonds for acquisition and equipping industrial facilities. Mayor Hubbell declared the public hearing open and there was opposition to the proposal. The Memorandum of Intent states that Archer- Daniels- Cino Midland Company agrees to make payments in lieu of ad valorem taxes, to pay an admin- istrative charge as required, and that they are an.equal opportunuty employer and does not discriminate against job applicants on the basis of race, sex, color, national origin, religion or age. With no opposition having been presented, Mayor Hubbell �t declared the Public Hearing closed and the following Resolution, No. 6,386, was present - ed described as: I, A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND ARCHER- DANIELS- MIDLAND 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; and the Resolution was read in its entirety. A motion was made by Director Morse, , 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, Morse, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Langston and Bussey - total 2. Director Langston was re- enrolled. A Public Hearing was placed on the Agenda to hear Mr. Dugan King of 1522 South I Louisiana Street speak regarding two musical events held at Murray Park on June 15, i 1980 and July 4, 1980. Both events ended with confrontations with the Police Depart- ment. Mr. King complained that the police showed lack of professionalism and the City's restrictions on playing music and assembling were unconstitutional. He asked the City i to repeal ordinances that are "unconstitutional." Mr. Floyd G. "Buddy" Villines, Acting City Manager reported to the Board of Directors that the City Administration had determined that the police had acted "in a professional manner" on both occasions. I Mayor Hubbell advised Mr. King that $25,000 has been appropriated to re- codify the , ordinances of the City of Little Rock. There was no further discussion. I Ii JULY 15, 1980, Cont'd. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Morse, seconded by Director Keith, and by unanimous vote of the Board Members present, the meeting was recessed at 9:40 o'clock P. M. to meet again in reconvened session on Wednesday, July 23, 1980 at 9:30 o'clock A. M. to consider the sale of property in Block 15, Pope's Addition to the City of Little Rock. ATTEST: V&PEI-I & ?C City Clerk * * * * * * * * * * * * Mayor Board of Directors Chamber Little Rock, Arkansas July 23, 1980 - 9:30 A. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from July 15, 1980, with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Morse, Shackelford and Jones - total 4; Absent - Directors Langston and Bussey - total 2. Mayor Hubbell announced that a quorum was in attendance and the purpose of the reconvened meeting was to consider offers on the sale of Block 15, Pope's Addition to the City of Little Rock, bounded by Third, Fourth, Commerce and Sherman Streets, which was acquired by the City in a Urban Renewal Project. Discussion on the sale of the property was prefaced by Director Keith presenting a land use map of Urban Renewal Project R -12. The subject property was shown to have "HR" high density classification and also, Block 10 to the north. Mayor Hubbell advise the Board Members that Mr. Ralph Coppess had withdrawn his offer to purchase the block - for his automobile agency. The matter of whether to sell the property for residential or commercial use was discussed and Director Keith made a motion that "we do not consider commercial use." The motion was seconded by Director Shackelford and adopted by the following vote: Ayes - Directors Keith, Shackelford, Mayor Hubbell and Director Jones - total 4; Noes - None; Abstaining - Director Morse - total 1; Absent - Directors Langston and Bussey - total 2. Director Langston was enrolled. With Mr. Ralph Coppess having withdrawn his bid, the offers from Mr. B. G. Coney and Jim Guy Tucker & Associates, were the only two to be considered. Mr. Coney's proposed development consists of sixty -four condominiums, purchase price for the land being $172,000, plus an offer to purchase Lots 1, 2, 3, 10, 11 and 12, less railroad right -of -way, Block 10, Pope's Addition for $60,000. Mr. Coney proposes to use the property in Block 10 for an office - warehouse facility. The Jim Guy Tucker & Associates proposal was for the construction of fifty apartments, with the offer for the land , being $172,000 and $60,000 for the one -half block to the north. The one -half block described as Lots 1, 2, 3, 10, 11 and 12, Block 10, Pope's Addition, is currently leased to McLarty Leasing Systems, who has the right to purchase the land. Upon question by Board Members, Mr'. Nathaniel Griffin, Director of Comprehensive Planning, recommended that the City work with the purchaser regarding land use on the half of Block 10, and suggested the City require tight site plan controls. Regarding the sale of Lot 15, Director Shackelford's concern for the neighborhood was stability and felt condominiums would be a more stable development. Director Jones had been advised that this is not an appropriate location for apartments. Director Morse commented that "this is not a spot for residential use." An ensuing motion was made by Director Shackelford, seconded by Director Jones, that "we accept the bid of Mr. B. G. Coney for $172,000." The vote was by written ballot and Mayor Hubbell announced the results as follows: Ayes - Directors Keith, Langston, Morse, Shackelford and Jones - total 5; Noes - Mayor Hubbell - total 1; Absent - Director Bussey - total 1. With the motion having been adopted to sell the property to Mr. B. G. Coney, Resolution No. 6,387 was presented, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AN OFFER TO PURCHASE BLOCK 15 POPE'S ADDITION TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES V JULY 23, 1980, Cont'd. and the Resolution was read in its entirety. A motion was made by Director Morse, 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Subsequently, Mayor Hubbell made a motion that "we sell Lots 1, 2, 3, 10, 11 and 12, less railroad right -of -way, Block 10, Pope's Addition to Mr. B. G. Coney, subject to the McLarty Leasing Systems' right of refusal, and subject to site plan review by the City." The motion received a second from Director Shackelford and was unanimously adopted by voice vote of six Ayes and Directors Bussey being absent. With the adopt, of the motion, Resolution No. 6,388 was presented with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AN OFFER TO PURCHASE LOTS 1, 2, 3, 10, 11 and 12, LESS AND EXCEPT RAILROAD RIGHT -OF -WAY, OF BLOCK 10, POPE'S ADDITIC TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and said Resolution was read in full. A motion was then made by Director Keith that the Resolution be adopted. The motion was seconded by Director Shackelford; after which a roll call was taken and the Resolution adopted by the following roll call vote. Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones 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 from Director Keith, seconded by Director Langston, and by unanimous vote of the Board Members present, the meeting was adjourned at 10:15 o'cloc A. M. to meet again in regular session on Tuesday, August 5, 1980 at 7:30 o'clock P. M ATTEST: APPROVED: / n�'/�� City Clerk �/ Mayor t * * * * * * * * * * J ., Board of Directors Chamber Little Rock, Arkansas August 5, 1980 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Robbie Hancock, Assistant City Clerk, and the follow- ing Directors present: Directors Keith, Langston, Bussey and Jones - total 4; Absent Directors Morse and Shackelford - 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 Hubbell. The first presentation from the Official Agenda consisted of the Consent Items, described as follows: (a) Minutes of the previous meeting held July 15, 1980 and the reconvened meeting held July 23, 1980. (b) The annual report of the Central Arkansas Library System'.for year ending December 31, 1979. (c) Resolution No. 6,389, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR ROCK SALT AND TIRE CHAINS; AND FOR OTHER PURPOSES. (d) Resolution No. 6,390, entitled: A RESOLUTION DIRECTING THE DIRECTOR OF FINANCE TO INCLUDE PULASKI BANK & TRUST COMPANY AND METROPOLITAN NATIONAL BANK IN THE ANNUAL ROTATION OF CITY DEPOSITORIES; AND FOR OTHER PURPOSES. �I (e) Resolution No. 6,391, entitled: �II A RESOLUTION SELECTING THE FIRM OF MEHLBURGER, TANNER, RENSHAW AND ASSOCIATES AS ENGINEER FOR THE SIXTH YEAR CDBG PROJECT; AND FOR OTHER �I PURPOSES. By motion from Director Jones, 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 llI�, Annual Report of the Central Arkansas Library System was received and filed; and (c,d, i� & e) Resolution Nos. 6,389, 6,390, and 6,391 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and �I Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - !I} total 2. At this time Mr. Joseph C. Kemp, Attorney for the Little Rock Advertising and Promotion Commission, presented various Resolutions and Ordinances relating to the Little Rock Civic - Convention Hotel Center, which were considered by the Board of Di as follows: (1) Resolution No. 6,392, with the title being: A RESOLUTION AUTHORIZING THE ENTERING INTO OF A CONTRACT FOR THE PURCHASE OF CERTAIN REAL PROPERTY SITUATED IN BLOCK 79 AND FRACTIONAL BLOCK 80, ORIGINAL CITY OF LITTLE ROCK AND PAYMENT OF DEMOLITION COSTS OF IMPROVEMENTS THEREON IN CONNECTION WITH THE COMMITMENT BY THE CITY AND LITTLE ROCK CENTER ASSOCIATES, LTD., AN ARKANSAS LIMITED PARTNERSHIP, ENTERED INTO APRIL 17, 1979, PURSUANT TO AUTHORITY OF RESOLUTION NO. 6,116 OF THE BOARD OF DIRECTORS ADOPTED APRIL 3, 1979, CONCERNING THE CONSTRUCTION AND LEAS- 1 AUGUST 5, 1980, Contd. f ING OF A MULTI - PURPOSE CIVIC - CONVENTION HOTEL CENTER; AND PRESCRIBING OTHER MATTERS S RELATED THERETO; 1I and said Resolution was read in full. A motion was then made by Director Keith, second�ll ed by Director Langston, that the Resolution be adopted, which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, i Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors I Morse and Shackelford - total 2. (2) Resolution No. 6,393, entitled: l A RESOLUTION AUTHORIZING A DEVELOPMENT SERVICES AGREEMENT BETWEEN THE CITY OF ^i' LITTLE ROCK AND LITTLE ROCK CENTER ASSOCIATES, LTD., AN ARKANSAS LIMITED PARTNERSHIP, PERTAINING TO THE CONSTRUCTION OF BASE AND TOWER IMPROVEMENTS FOR THAT MULTIPURPOSE DOWNTOWN CIVIC - CONVENTION HOTEL PROJECT PROVIDED FOR BY THE CONSTRUCT AND LEASE AGREE- MENT, AS AMENDED, BETWEEN THE PARTIES DATED APRIL 17, 1979, AUTHORIZED BY RESOLUTION No. 6,116 OF THE BOARD OF DIRECTORS ADOPTED APRIL 3, 1979, AND PRESCRIBING OTHER MATTERS I� II RELATED THERETO; and the Resolution was read in its entirety. A motion was then made by Director Keith,lil seconded by Director Langston, which resulted in adoption of the Resolution by the j following roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and !; Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. (3) Resolution No. 6,394, entitled: I A RESOLUTION AUTHORIZING THE MAKING OF AN APPLICATION AND AGREEMENT FOR AN IRREVOCABLE LETTER OF CREDIT TO WORTHEN BANK AND TRUST COMPANY, N. A. OF LITTLE ROCK, ARKANSAS IN FAVOR OF THE COMMERCIAL NATIONAL BANK OF LITTLE ROCK, ARKANSAS, TRUSTEE, IN CONNECTION WITH THE ISSUANCE BY THE CITY OF LITTLE ROCK OF HOTEL AND RESTAURANT 1 GROSS RECEIPTS TAX BONDS (LITTLE ROCK CONVENTION CENTER PROJECT, SERIES 1980), AND PRESCRIBING OTHER MATTERS RELATED THERETO; and said Resolution was read in full. A motion was then made by Director Keith that the Resolution be adopted. The motion was seconded by Director Langston, after which a roll call was taken and the Resolution was adopted as follows: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. (4) Resolution No. 6,395, described as: A RESOLUTION APPROVING THE PREOPENING SERVICES AND MANAGEMENT AGREEMENT FOR b THE LITTLE ROCK CIVIC - CONVENTION HOTEL CENTER AS PROVIDED FOR BY THAT CONSTRUCT AND j LEASE AGREEMENT DATED APRIL 17, 1979 AUTHORIZED BY RESOLUTION NO. 6,116, AS AMENDED, ADOPTED APRIL 3, 1979 AND PRESCRIBING OTHER MATTERS RELATED THERETO; with there being a complete reading of the Resolution. Upon motion by Director Keith,+ which was seconded by Director Langston, the Resolution was adopted by the following j roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director 1, Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. �11 (5) Resolution No. 6,396, entitled: A RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE CONSTRUCT AND LEASE AGREE- MENT FOR A CIVIC - CONVENTION HOTEL CENTER DATED APRIL 17, 1979, AND AUTHORIZED BY I RESOLUTION NO. 6,116 OF THE BOARD OF DIRECTORS ADOPTED APRIL 3, 1979; AND PRESCRIBING II OTHER MATTERS RELATED THERETO; and said Resolution was read in full. Upon motion by Director Keith, seconded by Director Langston, the Resolution was adopted by the following roll call vote: Ayes - II �I� 366 AUGUST 5, 1980, Cont'd. i ii Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - I,Y None; Absent — Directors Morse and Shackelford - total 2. (6) Resolution No. 6,397, entitled: _ .I fr A RESOLUTION ACKNOWLEDGING RECEIPT OF A STUDY AND REPORT OF PEAT, MARWICK, MITCHELL AND COMPANY OF THE FINANCIAL POTENTIAL RELATED TO THE SALE BY THE CITY OF i LITTLE ROCK OF HOTEL AND RESTAURANT GROSS RECEIPTS TAX BONDS (LITTLE ROCK CONVENTION I CENTER PROJECT) SERIES 1980; and said Resolution was read in full. A motion was then made by Director Keith, second - I ed by Director Langston, that the Resolution be adopted, which resulted in adoption of i h the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, i Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. Y (7) Resolution No. 6,398, entitled: VV! it A RESOLUTION ACCEPTING AND AUTHORIZING THE EXECUTION OF A PERPETUAL EASEMENT II (AIR SPACE) FROM THE MISSOURI PACIFIC RAILROAD COMPANY FOR AIR SPACE BEGINNING AT AND BEING ABOVE MEAN SEA LEVEL 287.75 OVER A PORTION OF THE RIGHT OF WAY OF THE MISSOURI PACIFIC RAILROAD LOCATED IN THE SE 1/4, NE 1/4, SECTION 3, TOWNSHIP 1 NORTH, RANGE 12 _ i WEST, PULASKI COUNTY, ARKANSAS; r with there being a complete reading of the Resolution. Upon motion by Director Keith, which was seconded by Director Langston, the Resolution was adopted by the following V! ly roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. I (8) Resolution No. 6,399, with the title being: A RESOLUTION ACKNOWLEDGING RECEIPT OF AND APPROVING INTERIM AND PERMANENT LOAN COMMITMENTS BY VARIOUS LOCAL FINANCIAL INSTITUTIONS TO LITTLE ROCK CENTER ASSOCIATES, LTD. TO PROVIDE THE FUNDS TO DEFRAY THE COSTS FOR THE HOTEL COMPLEX IN THE PLANNED i DEVELOPMENT OF THE CIVIC - CONVENTION HOTEL CENTER PROVIDED FOR IN THE CONSTRUCT AND II LEASE AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND LITTLE ROCK CENTER ASSOCIATES, LTD., AN ARKANSAS LIMITED PARTNERSHIP, PURSUANT TO AUTHORITY OF RESOLUTION _ NO. 6,116 OF THE BOARD OF DIRECTORS ADOPTED APRIL 3, 1979; AND PRESCRIBING OTHER ' R RELATED MATTERS REL TE THERETO; which Resolution was read in full. Upon motion by Director Keith, seconded by Director j{ ij Langston, the Resolution was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; II Absent - Directors Morse and Shackelford - total 2. (9) Ordinance No. 13,846, entitled: i AN ORDINANCE VACATING, CLOSING AND ABANDONING PORTIONS OF CERTAIN STREETS, I� ALLEYS AND PUBLIC RIGHTS OF WAYS SITUATED WITHIN AND ADJACENT TO BLOCK 79, FRACTIONAL BLOCK 80, AND BLOCK 81, ORIGINAL CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Note: Resolution No. 6,331, adopted May 6, 1980, set Public Hearing for May 22, 1980, with notice thereof having been duly published on May 12, 1980, and subsequently I�cancelled by notice published May 16, 1980. Closures pursuant to authority of Sec. 19 -2304, Ark. Statutes 1947, annotated.) , and said Ordinance was read the first time. A motion was then made by Director Keith, seconded by Director Langston, that the rules be suspended and the Ordinance placed on second reading; with the motion being adopted by unanimous vote of the Board Members f present, being five in number and two - thirds or more of the members of the Board of i( `�7r lu AUGUST 5, 1980, Cont'd. Directors - elect. There was a second reading of the Ordinance, and a subsequent motion from Director Keith, seconded by Director Langston, for a further suspension of the rules to allow for the third and last reading of the Ordinance at this time. The motion was adopted by unanimous vote of the Board Members present, being five in numbe and two - thirds or more of the members of the Board of Directors - elect; and the Ordina 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, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. It was announced that the Ordinance had PASSED. (10) Ordinance No. 13,847, entitled: AN ORDINANCE AUTHORIZING THE REFUNDING OF THE CITY OF LITTLE ROCK, ARKANSAS PARKING FACILITIES REVENUE BONDS, SERIES A, DATED APRIL 1, 1971; REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 12,452, ADOPTED MAY 4, 1970; AUTHORIZING THE ISSUANCE OF HOTEL AND RESTAURANT GROSS RECEIPTS TAX BONDS (LITTLE ROCK CONVENTION CENTER PROJECT); AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING THE SALE OF THE BONDS; IIAUTHORIZING AN OFFICIAL STATEMENT; AUTHORIZING AND PRESCRIBING OTHER MATTERS THERETO; AND DECLARING AN EMERGENCY; with said Ordinance being read the first time, followed by a motion from Director Keit seconded by Director Langston, 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 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. A motion was then made for a further suspension of the rules to provide for the third and last reading of the Ordinance at this time, with the motion being made by Director Keith, seconded by Director Langston, and unanimously adopted by members of the Board 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 follow- ed by an Aye and No vote taken on the passage of the Ordinance, which resulted as ' herein described: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Dire Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. The Emergency Section contained in Section 14 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. It was, therefore, declared that the Ordinance, together with the Emergency Section had been PASSED. (11) Ordinance No. 13,848, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 13,707, ADOPTED AUGUST 21, 1979; AUTHORIZ ING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; which Ordinance was read the first time. A motion was then made by Director Keith, seconded by Director Langston, that the rules be suspended and the Ordinance placed on second reading; 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. There was a second reading of the Ordinance, and a subsequent motion from Director Keith, seconded by Director Langston, for a further suspension of the rules to allow for the third and last reading of the Ordinance at this time. The moti 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 3oll AUGUST 5, 1980, Cont'd. 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, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors IfMorse and Shackelford - total 2. j The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. It was therefore, declared that the Ordinance, !I i together with the Emergency Section, had been PASSED. Again presented was the Petition from Artic Ice, Inc. and Tripwojo Corporation requesting that East 8th Street between Bond and Bender Streets be vacated and closed, as approved by the Little Rock Planning Commission. A Public Hearing had been schedule for this time and place by Resolution No. 6,383, with notice thereof having been duly published on July 21, 1980 and July 28, 1980, as required by Law. Mayor Hubbell then declared the Public Hearing open. There was no one present who wished to speak on this matter. The Public Hearing was closed and an Ordinance to close East 8th Street be- tween Bond and Bender Streets was placed on first reading. (See Ordinance No. 13,849 i below) Ordinance No. 13,849 was presented, entitled: AN ORDINANCE VACATING AND CLOSING EAST 8TH STREET BETWEEN BOND AND BENDER STREETS, IN POPE'S 1000 ACRE GRANT TO THE CITY OF LITTLE ROCK; f with said Ordinance being read the first time. A motion followed from Director Jones, seconded by Director Bussey, that the rules be suspended and the Ordinance placed on 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 jthe Board of Directors - elect. With the rules having been suspended, there was a lsecond reading of the Ordinance, followed by a motion from Director Jones, seconded by 'I Director Bussey, that the Ordinance be placed on third and final 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 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, Langston, Bussey, Mayor Hubbell, and Director Jones - total 5; Noes - None; Absent - N Directors Morse and Shackelford - total 2. It was announced that the Ordinance had PASSED. Again presented was the Petition from William Watson, et al. requesting the clos- ing and vacating of 30th Street between Longcoy and Tatum Streets, as approved by the Little Rock Planning Commission. A Public Hearing had been scheduled for this time and place by Resolution No. 6,384, with notice thereof having been duly published on July 21, 1980 and July 28, 1980, as required by Law. Mayor Hubbell then declared the Public Hearing open and no one was present who wished to speak on the matter. The Public Hearing was closed and an Ordinance to close 30th Street between Longcoy and Tatum Streets was placed on first reading. (See Ordinance No. 13,850 below) Ordinance No. 13,850 was presented, entitled: , AN ORDINANCE VACATING AND CLOSING 30TH-STREET BETWEEN LONGCOY AND TATUM STREETS, IN JOHN BARROW ADDITION TO THE CITY OF LITTLE ROCK; and said Ordinance was read the first time, followed by a motion by Director Jones, AUGUST 5,'1980, Cont'd. seconded by Director Bussey, that the rules be suspended and the Ordinance be placed of Resolution No. 6,400 was presented, entitled: A RESOLUTION SETTING FORTH FINDINGS OFFACT REGARDING THE SIGN CODE OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and said Resolution was read in its entirety. A motion was then made by Director Keith that the Resolution be adopted. The motion was seconded by Director Langston after which a roll call was taken and the Resolution was adopted as follows: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. The next Resolution to be presented was No. 6,401, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE EMERGENCY MEDICAL SERVICE TECHNICAL 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 a second reading of the Ordinance ensued. A motion was then made for a further suspension of the rules to provide for the third and last read. of the Ordinance at this time; with the motion being made by Director Jones, seconded by Director Bussey, and unanimously adopted by 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 read the third and last time, and there was an Aye and No vote taken on the passage of the Ordinance as follows: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. Whereupon, the Ordinance was declared PASSED. A Public Hearing Review of the Little Rock Sign Ordinance had been scheduled for this time and place. Mayor Hubbell declared the Public Hearing open. The first speaker was Attorney Robert Roddey, representing Jenkins Enterprises and Adversell, whi read a prepared statement in which he requested the repeal of that portion of the Sign Code banning the use of trailer signs. The second speaker was Mr. Robert Faulkner, owner of Magnolia Cafeteria in the Broadmoor Shopping Center, regarding the inequities that prevents him from having a sign on University Avenue, yet allows other businesses to do so. He stated that he was asked to remove his trailer sign and has done so. Th third person to address the Board was Kay Matthews, representing James C. Frazier, owner of Car Care Center on Mitchell Drive, who asked the Board to consider the effect the mobile sign provision has on the small- business man. The last person to address the Board on this matter was Janet Buford, representing the League of Women Voters, who spoke in support of the Sign Ordinance. Director Keith stated that the Board needed to update the Ordinance, look at the legal implication and also, way the cost and benefits. Mayor Hubbell then declared the Public Hearing closed. In brief discussion, Director Langston proposed two findings of fact: (1) That the Sign Ordinance should be reviewed in depth by the Board of Directors and the City Attorney, and (2) That the Sign Ordinance is not working in all aspects as originally intended. Director Keith was in agreement with Director Langston's fact finding proposal and Resolution No. 6,400 was presented, entitled: A RESOLUTION SETTING FORTH FINDINGS OFFACT REGARDING THE SIGN CODE OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and said Resolution was read in its entirety. A motion was then made by Director Keith that the Resolution be adopted. The motion was seconded by Director Langston after which a roll call was taken and the Resolution was adopted as follows: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. The next Resolution to be presented was No. 6,401, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE EMERGENCY MEDICAL SERVICE TECHNICAL the Resolution adopted as follows: Ayes - Directors Keith, Langston, Bussey, Mayor ADVISORY COMMITTEE; AND FOR OTHER PURPOSES; (David Jones, Bo Marshall, Ralph Brodie, Mike Kumpuris, Dr. Marvin Leivovich, Dr. Robe Venable, Dr. James Florez, Dr. 0. T. Gordon, Directors Myra Jones and John Langston) and said Resolution was read in full. A motion was then made by Director Langston, seconded by Director Keith, that the Resolution be adopted. A roll call was taken and the Resolution adopted as follows: Ayes - Directors Keith, Langston, Bussey, Mayor AUGUST 5, 1980, Cont'd. Shackelford - total 2. (.Note: It was generally agreed by the Board of Directors to increase the committee membership from seven (7) to eleven (11).members. See Resolution No. 6,376, adopted 7- 1 -80:) Presented at this time was a Resolution, No. 6,402, which did not appear on the official Agenda, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH ACQUISITION OF EIGHTEEN PARCELS OF LAND FOR RIGHT -OF -WAY FOR THE BLOUNT ROAD IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES; which Resolution was read in full. A motion was made by Director Keith, seconded by Director Langston, that the Resolution be adopted. The motion was submitted to a roll call vote which adopted the Resolution as recorded herein: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell.and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. The next item to be presented, which was not on the Official Agenda, was Resolution No. 6,403, entitled: A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO FIELD TEST AND ESTABLISH SPECIFI- CATIONS FOR BULLET PROOF VESTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR AND ACCEPT BIDS FOR PURCHASE OF BULLET PROOF VESTS FOR THE LITTLE ROCK POLICE DEPARTMENT; AND FOR OTHER PURPOSES; and said Resolution was read in full, followed by a motion by Director Langston, seconded by Director Keith, that the Resolution be adopted. The motion was submitted to a roll call vote which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. Also not appearing on the Agenda and presented at this time was Ordinance No. 13,851, described as: AN ORDINANCE AMENDING LITTLE ROCK CODE OF ORDINANCES SECTION 10 -10 (CEMETERIES AND CREMATORIES); AND FOR OTHER PURPOSES; and said Ordinance was read the first time, followed by a motion from Mayor Hubbell, seconded by Director Keith, 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 five in number and two- thirds or more of the members of.th Board of Directors - elect; and a second reading of the Ordinance ensued. A motion was then made for a further suspension of the rules to provide for the third and last reading of the Ordinance at this time, with the motion being made by Director Keith, seconded by Director Langston, and unanimously adopted by 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. There was a third and last reading of the Ordinance, result ing in an Aye and No Vote on the passage of the Ordinance as follows: Ayes - Director. Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Shackelford - total 2. It was announced that the Ordinan had PASSED. Director Keith raised a question on the insurance requirements imposed by the Taxicab Ordinance and was told by City Manager Mahlon Martin that this matter would be on the August 19th Agenda. The last item to be presented which was not on the Official Agenda was Resolution No. 6,404, entitled: V; `i AUGUST 5, 1980, Cont-d. A RESOLUTION APPROVING A FIRST ADDENDUM TO AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND PULASKI COUNTY, ARKANSAS AND METROPLAN, AS TRUSTEE, DATED OCTOBER 24, 1979; which Resolution was then read in full. A motion was made by Director Langston, seconded by Director Jones, that the Resolution be adopted. The motion was submitted to a roll call vote which adopted the Resolution as recorded herein: Ayes - Directors Langston, Bussey, Mayor Hubbell and Director Jones - total 4; Noes - Director Keith - total 1; Absent - Directors Morse and Shackelford - total 2. There being no other business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Langston, the meeting was adjourned at 8:55 o'clock P. M. to meet again in regular session on Tuesday, August 19, 1980 at 7:30 o'clock P. M. ATTEST <-- 1 /Q APPROVED: A j /s�zr Assistant City Clerk Mayor * * * * * * * * ** 3"12 j� Board of Directors Chamber Little Rock, Arkansas �I August 19, 1980 - 7:30 P. M. �I kThe Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors I f present: Directors Keith, Langston, Morse, and Shackelford - total 4; Absent - Directors Bussey and Jones - total 2. A quorum was declared to be present, and the' proceedings of the meeting are lrecorded as follows: The Invocation was given by City Manager Mahlon Martin. Presented first from the Official Agenda were the Consent Items, described as I follows: (a) The Minutes of the previous meeting held August 5, 1980. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of June, 1980. i, (c) Resolution No. 6,405, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE MILLER STREET BETWEEN EAST NINTH STREET AND RIGHT -OF -WAY OF CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO., IN HANGERS ADDITION TO THE CITY OF j LITTLE ROCK, ARKANSAS; (d) Resolution No. 6,406, with the title being: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A TEMPORARY i FIRE SERVICE CONTRACT FOR THE PRECISION ENGINEERED WOOD FABRICATION COMPANY; AND FOR OTHER PURPOSES; f (e) Resolution No. 6,406, described as: A RESOLUTION ADOPTING THE PROPOSED BOND ALLOCATION PLAN OF AUGUST 13, 1980, FOR THE 1976 BOND PROGRAM CAPITAL IMPROVEMENT PROJECTS IN ROAD AND DRAINAGE IMPROVEMENTS; ALLOCATING $242,000 TO SUPPORT THE VA STREET PROGRAMS; AND FOR OTHER PURPOSES; ' (f) Resolution No. 6,408, entitled: A RESOLUTION AUTHORIZING THE EXTENSION OF THE 1980 . STREET RESURFACING CONTRACT WITH THE BEN HOGAN COMPANY FOR A TOTAL NOT TO EXCEED $575,000; AND FOR OTHER PURPOSES. By motion of Director Langston, seconded by Director Morse, and a roll call vote with I� 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 Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; and (c, d, e and f) Resolutions No. 6,405, 6,406, 6,407 and �p 6,408 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford and Mayor Hubbell - total 5; Noes - None; Absent - . Directors Bussey and Jones - total 2. Director Jones was enrolled. ' The following Zoning matters were presented next, as approved by the Planning Commission: Z -3497 - From Hoyle Roper for Ralph D. Shelnutt and Roper Schools, Inc., to rezone 9510 Geyer Springs Road (long legal description) from "R -2" Single - family and i i AUGUST 19, 1980, Cont'd. Z -3500 - From Gus Brady for Copar, Inc., to use 212 North McKinley Street (long legal) for expansion of an existing daycare facility in "R -2" Single - family District. In brief discussion regarding Z- 3262' -A, Director Jones questioned whether this property is presently properly subdivided. Mr. Richard Wood of the Department of Comprehensive Planning advised that the property owned by Mr. Black had been approved by the Planning Commission, but Lots 1, 2 and 3 are still in violation of subdivision rules; however, the Planning Commission received and accepted an agreement to provide street improvements within one year. There was no further discussion, and Ordinance No. 13,855 was presented, described as: AN ORDINANCE ISSUING CONDITIONAL USE PERMITS FOR PROPERTIES LOCATED WITHIN THE CITY OF LITTLE ROCK, SETTING FORTH THE CONDITIONS ATTACHED THERETO 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 from Director Morse, 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 i was a second reading of the Ordinance, after which there was a subsequent motion made by Director Keith, 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 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. The next presentation was Zoning Application No. Z -3506 from Warren A. Mercer requesting that 19 acres north off Cantrell Road near Reservoir Park (long legal) be rezoned from "R -2" Single - family District to "PRD" for a Planned Residential Develop- ment. The application received approval by the Planning Commission on July 29, 1980. Mr. Chris Barrier, Attorney for Mr. Mercer presented a sketch of the proposed develop- ment and upon question by Director Jones, he advised that the total units per acre would not exceed the "R -2" classification. There was no further discussion and Ordinance No. 13,856 was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED NORTH OFF CANTRELL ROAD NEAR RESERVOIF PARK IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance, followed by a motion from Director Morse, seconded by Director Jones, 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 Ordinance ensued. A motion was then made for a further suspension of the rules to provide for the third and last reading of the Ordinance at this time; with the motion being made by Director Morse, 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, result ing 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, Langston, Morse, AUGUST 19, 1980, Cont'd. Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - 'I j' Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. An Appeal of the Planning Commission's denial on July 29, 1980, of Zoning Petitic No. Z -3501, submitted by Attorney David P. Henry for Don Kirk, to rezone property in ithe 8100 block of West Markham Street (long legal), from "R -2" Single - family District "MF -12" Multi - family District, was presented for consideration, to set a date for I Public Hearing on September 2, 1980. Director Langston made a motion that the Public uI Hearing be set on Tuesday, September 2, 1980, which motion was seconded by Director I^ Morse and was adopted by unanimous viva voce vote by Members of the Board of Directors present. A Public Hearing, as required by Law, had been scheduled for this time and place, with notice thereof having been duly published in the Arkansas Democrat, on the annex- ation of property to Central Business Improvement District Number Two of the City of Little Rock, described as Lots 3- 4- 5- 6- 7- 8 -9 -10, Block 340, Original City, Lots 1 -2 -3- 4 -5 -6, Cherry's Subdivision of Block 341, Original City, N� of Lot 7, Cherry's Sub- division of Block 341, Original City, Lots 7 -8 -9, Block 364, Original City and Lots 9 -10 -11 and part of Lot 8, Block 1, Deaf Mute Addition to the City of Little Rock, VArkansas. The purpose of the annexation is for the inclusion of some adjacent prop in the Victory Square Development. Mayor Hubbell declared the Public Hearing open and invited those wishing to address the issue to come forward and be heard. The only speaker was Attorney Charles Matthews, who presented a sketch of the property to be annexed. The Public Hearing was then declared closed and the Ordinance, No. 13,857, to annex the property was placed on first reading with the title being: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN PROPERTIES TO THE CENTRAL BUSINE IMPROVEMENT DISTRICT NUMBER TWO OF THE CITY OF LITTLE ROCK, ARKANSAS AND MAKING SAME A PART OF THE CENTRAL BUSINESS IMPROVEMENT DISTRICT NUMBER TWO OF THE CITY OF LITTLE 1P11rl ROCK, ARKANSAS; and there was a first reading of the Ordinance. A motion followed from Director Keith, which was seconded by Director Morse, 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 subsequently read the second time, resulting in a motion made by Director Morse and seconded by Director Keith, for a further suspension of the rules to allow for the third and final reading of the Ordi- nance. The motion was unanimously adopted by voice 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 Ordi- nance. There was an Aye and No Vote then taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. Ordinance No. 13,858 was presented next, containing the following caption: AN ORDINANCE FILLING A VACANCY ON THE BOARD OF IMPROVEMENT OF MABELVALE- ALEXANDER SEWER IMPROVEMENT DISTRICT NO. 142 OF LITTLE ROCK, ARKANSAS; (Mr. Al Garms appointed) and there was a first reading of the Ordinance. Filed in connection with the Ordin was a petition signed by property owners in the District, stating that a vacancy on the Board exists and requesting the appointment of a new Commissioner. The former 1 AUGUST 19, 1980, Cont'd. "R -4" Two - family Districts to "O -1" Quiet Office District. Z -3505 - From W. P. Hamilton for Judy's Foods, Inc., to rezone the N/W Corner of Rodney Parham and Reservoir Roads, from "C -3" General Commercial District to "C -4" ' Open Display District. Z -3513 - From J. C. Whisnant for Block Realty Company, to rezone Lot 3 -BR, Geyer Springs Apartment Addition, from 110 -3" General Office District to "O -1" Quiet Office District. As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first readin (See Ordinance No. 13,852 as follows) Ordinance No. 13,852 was presented, containing the following title: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 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 Langston, seconded by Director Morse, 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 ensued. A subsequent motion was made by Director Langston to again suspend the rules and place the Ordinance on third and,final reading; which motion was seconded by Director Morse, and adopted by unanimous vote of the members of the Board of Directors present, being six in number I and two- thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. An announcement followed that the Ordinance had PASSED. Following is another list of zoning Applications which received approval by the Planning Commission: ' Z -3502 - From Ed Grubbs for McClelland Engineers, Inc., to rezone 2.26 acres at the S/E Corner of Stagecoach Road and Otter Creek Road (1311 Stage Coach Road), from "R -2" Single - family District to "C -3" General Commercial District. Z -3508 - From A. B. Speights for Bessie Lewis & Arkansas Realtor Association, to rezone 8 acres at the S/E Corner of Markham Street and Shackelford Road, from "R -2" Single - family and "0 -3" General Office Districts to "C -2" Shopping Center District. Z -3504 - From Dick Vroman for Ameron -Enmar Finishes Division, to rezone 39.44 acres at the N/W Corner of Alexander Road at Vimy Ridge Road, from "R -2" Single - family District to "I -3" Heavy Industrial District. No opposition was presented to the proposed applications and Mr. Nathaniel Griffin Director of the Department of Comprehensive Planning, advised that the applicants had agreed to dedicate needed right -of -way for future street widening. There was no furt discussion and Ordinance No. 13,853 was presented, containing the following title: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 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 Keith that the rules be suspended and the Ordinance be placed on its second reading. 3741 74 � M AUGUST 19, 1980, Cont'd. i The motion was seconded by Director Morse, unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of the Board of I! Directors - elect; and the Ordinance was then read the second time. A subsequent motion , was then made by Directors Keith and Shackelford, 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 II 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 Aye and No vote taken on I the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared l PASSED. `i Zoning Petition No. Z -3509 was the next presentation, having been submitted by 'I Merrill Porter for Ralph Erwin, to rezone the S/E Corner of Markham Street and Bowman Road (100 -300 Block Bowman Road), from "0 -3" General Office and "C -3" General Commercial �I District to "C -3" General Commercial District. The Planning Commission approved the application and there being no one present to oppose the proposal, Ordinance No. 13,854 jwas presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WEST MARKHAM STREET AND BOWMAN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; I and there was a first reading of the Ordinance. A motion was then made by Director Keith,.which was seconded by Director Morse, that the rules be suspended and the lOrdinance be placed on second reading; with the motion being unanimously adopted by i 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 subsequently read the second time, resulting in a motion made.by:.Directbr:-Shackelford and seconded by Director Morse, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by voice 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, j Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; I. j Absent - Director Bussey - total 1. Mayor Hubbell then announced that the Ordinance it had PASSED. The following Conditional Use Permits were next presented, with the Planning Commission having approved them on July 29, 1980: Z -3504 - From Dick Vroman for Ameron -Enmar Finishes Division, to use 39.44 acres N at N/E Corner of Alexander and Vimy Ridge Roads for a paint factory in "I -3" Heavy Industrial District. Z-3485-- From John Bond for Pulaski Heights Methodist Church Trustees, to use the N/W Corner of Woodlawn Avenue at Spruce Street for a church parking lot in "R -2" Single- , family District. Z- 3262 -A - From Maury Mitchell for Ed Willis, to use Lots 4 and 5, Hinson Place (Hinson Loop Road just north of Rainwood Road) for a daycare facility in "MF -18" Multi- family District. fit, 1 AUGUST 19, 1980, Cont'd. commissioner, Mr. Raymond Brown, is no longer a property owner in the District. There li was a motion by Director Morse, seconded by Director Jones, to suspend the rules and it place the Ordinance on second reading. The motion was unanimously adopted by members u �I 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 ensued] A subsequent motion was made by Directors Keith to suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Morse, and i adopted by unanimous vote of the members of the Board of Directors present, being six I in number and two - thirds or more of the members of the Board of Directors - elect. There I was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 13,859, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 13,835 TO CORRECT TYPOGRAPHICAL ERRORS IN AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE ROCK, ARKANSA AND MAKING SAME A PART OF THE CITY OF LITTLE ROCK; ( "Frazier Pike Annexation) II with the Ordinance being read the first time; followed by a motion from Director Shacked ford that the rules be suspended to allow for the second reading of the Ordinance. The lI motion was seconded by Mayor Hubbell, 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 IliBoard of Directors - elect. There was a second reading of the Ordinance, and a subsequent motion by Director Keith, seconded by Director Morse, that the rules again be suspend- IIII', ed and the Ordinance be placed on third and final reading; with the motion being 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 Ordinance was then read the third and last time, followed by an Aye and No Vote taken on the question,'' Shall the Ordinance Pass, with the responding vote being: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared PASSED. There was presented Ordinance No. 13,860, with the title being: 'i AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF CERTAIN LANDS LOCATED IN SECTION THIRTY -TWO (32), TOWNSHIP ONE (1) NORTH, RANGE TWELVE (12) WEST TO THE CITY OF LITTLE ROCK, IN PULASKI COUNTY, ARKANSAS; {� (I -30 and Jamison Road - Court Order dated July 17, 1980) with the Ordinance being read the first time; after which there was a motion by Directol�l, Jones, for a suspension of the rules and the placing of the Ordinance on second read - I I ing. The motion was seconded by Director Shackelford, and unanimously adopted by 1, members of the Board of Directors present, being six in number and two- thirds or more l of the members of the Board of Directors - elect. A second reading of the Ordinance followed, with a motion thereafter being made by Director Jones, again seconded by I( i Director Shackelford, to suspend the rules and place the Ordinance on third and final Illll I reading. The motion having been unanimously adopted by members of the Board of Director s 1p 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: }I AUGUST 19, 1980, Cont'd. Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. An announcement was made that the Ordinance had PASSED. , Zoning Petition No. Z -3498 was next presented from Attorney Paul Stanfield for Everett Tucker, Jr. and the City of Little Rock, to rezone 14.4 acres on I -30 near Jamison Road (long legal description), from "AF" Agriculture and Forestry District to "I -2" Light Industrial District. The proposal had received approval by the Little Rock Planning Commission. No one was present to oppose the rezoning and the Ordinance to reclassify the property was then placed on first reading. (See Ordinance No. 13,861 below) Ordinance No. 13,861 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED SOUTH OFF I -30 NEAR JAMISON ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF Director Bussey - total 1. The Ordinance was then declared PASSED. The next matter to be considered was Ordinance No. 13,862, with the following caption: , AN ORDINANCE APPROPRIATING $123,625 FROM INTEREST EARNED ON THE 1977 CAPITAL IMPROVEMENT FUND FOR REBSAMEN PARK IMPROVEMENTS; APPROPRIATING $60,000 FROM INTEREST ON THE 1977 CAPITAL IMPROVEMENT FUND FOR PREPARATION OF CONSTRUCTION PLANS FOR THE BIG CAT DISPLAY AT THE ZOO OF ARKANSAS; APPROPRIATING $45,000 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR FORBING ROAD IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO EXEC A CONTRACT FOR ENGINEERING SERVICES FOR FORBING ROAD IMPROVEMENTS; APPROPRIATING $133,520 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR RENOVATION OF THE TERRY HOUSE; AUTHORIZING THE MAYOR, THE CITY MANAGER AND THE CITY ATTORNEY TO SIGN PROPOSED COVE- NANTS TO THE DEED FOR THE TERRY HOUSE; APPROPRIATING $25,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO COVER COST OF COLLECTING CITY SANITATION ACCOUNTS; APPROPRIATING $17,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR OPERAT OF THE CITY ATTORNEY'S OFFICE; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Morse, ' seconded by Director Jones, 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 ensued. A subsequent motion was made by Director Jones to suspend the rules and place the Ordinance on third and 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 i i Jones, which was seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on second reading; with the motion being unanimously adopted by li members of the Board of Directors present, being six in number and two - thirds or more !I of the members of the Board of Directors - elect. The Ordinance was subsequently read �I the second time, resulting in a motion again made by Director Jones for a further sus- pension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Shackelford, 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 read- ing 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. The next matter to be considered was Ordinance No. 13,862, with the following caption: , AN ORDINANCE APPROPRIATING $123,625 FROM INTEREST EARNED ON THE 1977 CAPITAL IMPROVEMENT FUND FOR REBSAMEN PARK IMPROVEMENTS; APPROPRIATING $60,000 FROM INTEREST ON THE 1977 CAPITAL IMPROVEMENT FUND FOR PREPARATION OF CONSTRUCTION PLANS FOR THE BIG CAT DISPLAY AT THE ZOO OF ARKANSAS; APPROPRIATING $45,000 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR FORBING ROAD IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO EXEC A CONTRACT FOR ENGINEERING SERVICES FOR FORBING ROAD IMPROVEMENTS; APPROPRIATING $133,520 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR RENOVATION OF THE TERRY HOUSE; AUTHORIZING THE MAYOR, THE CITY MANAGER AND THE CITY ATTORNEY TO SIGN PROPOSED COVE- NANTS TO THE DEED FOR THE TERRY HOUSE; APPROPRIATING $25,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO COVER COST OF COLLECTING CITY SANITATION ACCOUNTS; APPROPRIATING $17,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR OPERAT OF THE CITY ATTORNEY'S OFFICE; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Morse, ' seconded by Director Jones, 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 ensued. A subsequent motion was made by Director Jones to suspend the rules and place the Ordinance on third and AUGUST 19, 1980, Cont''d. J final reading; which motion was seconded by Director Morse, 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 ' final reading of the Ordinance, after which an Aye and No vote was taken on the pass- age of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. I A Public Hearing had been scheduled for this time and place on the issuance of taxicab operator permits to Thomas W. Houston, Sam Harshaw and Jerry Palmer, with the Notice having been duly published in the Arkansas Democrat on August 15, 1980. Mayor Hubbell declared the Public Hearing open and with no one present to speak for or against the issuance of the permits, the Hearing was declared closed and the ordi- nance was placed on first reading. (See Ordinance No. 13,863, as follows) i Ordinance No. 13,863 was presented and entitled: I AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAXICAB OPERATOR PERMITS; AND FOR II OTHER PURPOSES; ' (Thomas W. Houston, Sam Harshaw and Jerry Palmer) which Ordinance was read the first time. A motion followed from Director Morse, seconded by Director Shackelford, that the rules be suspended to allow for the second i 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 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 Shackelford and Morse, 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 passage of the Ordinance with the resulting vote recorded as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. ' Presented for consideration was Resolution No. 6,409, with the title being: i A RESOLUTION ADOPTING A PROCEDURE TO BE FOLLOWED FOR THE SALE OF CITY OWNED PROPERTY; AND FOR OTHER PURPOSES; and a complete reading of the Resolution followed. There was a motion then made by Director Jones, seconded by Director Shackelford, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. A proposed Resolution had been placed on the Official Agenda to accept an offer to purchase parcels in Block 7, Pope's Addition to the City of Little Rock, but City Manager Mahlon Martin advised that the matter was not ready for consideration, and it was withdrawn and no action taken at this time. Under "J" Citizen Communications, Dr. Gary T. Souheaver of 15 Agate Cove, spoke to the Board objecting to his "enormous" sewer bill. He mentioned a editorial in a newspaper regarding the Board's philosophy relative to zoning in the northwest area and urged the Board to reconsider; adding that he heartily agreed with the editorial. Dr. Souheaver was advised that a separate water meter can be obtained for sprinkling where there is no sewer charge assessed. Mayor Hubbell suggested that he meet with J AUGUST 19, 1980, Cont'd. the Wastewater Utility Committee to discuss his complaint. Mrs. Earlene Scott of 1405 Adams Street, representing a group of citizens from the Mills Freeway to 12th Street, the Pine Forest Subdivision, and from Elm Street to Woodrow Street, requested that provisions be made for a recreation center on the West Side. She requested that a Staff representative meet with the neighborhood committee to discuss this request. City Manager Mahlon Martin advised that a member of the Staf will meet with the committee. 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 Morse, and by unanimous vote of the Board Members present, the meeting was adjourned at 8:40 o'clock P. M. to meet again in regular session on Tuesday, September 2, 1980 at 7:30 o'clock P. M. AT u APPROVED: /i�`rk City Clerk Mayor * * * * * * * * * * There was a discussion on changing the date of the next Board of Directors Meeting from September 2nd to September 3rd. It was generally agreed upon by Board Members, and the City Attorney instructed the City Clerk to publish notice rescheduling the meeting for September 3rd, and notify persons who would be appearing for public hearings to be present at the Board Meeting on Wednesday, September 3, 1980 at 7:30 o'clock P. M. 7 LJ I� Board of Directors Chamber Little Rock, Arkansas I September 3, 1980 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in a rescheduled regular meeting with Mayor Hubbell presiding and Jane Czech, City Clerk, and the foll ing Directors present: Directors Keith, Langston, Morse, Bussey and Jones - total 5; Absent - Director Shackelford - total 1. It was announced that a quorum was present, and the meeting proceeded as herein recorded: At the beginning of the meeting, to inject a bit of humor, Mayor Webb Hubbell carried out his promise to the Mayor of Austin, Texas, by singing "The Eyes of Texas ", in the event the "Arkansas Razorbacks" were defeated by the "Texas Longhorns." It was a "sad" Longhorn victory of 23 -17; therefore, the Austin Mayor escaped wearing a "Hog Hat" through an official meeting of the Austin Board of Directors. The first presentation from the Official Agenda consisted of the Consent Items, ' described as follows: (a) The Minutes of the previous meeting held August 19, 1980. (b) Resolution No. 6,410, with the title being: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE PURCHASE OF POLICE UNIFORMS, NONMETALLIC PVC CONDUITS, BENDS, COUPLINGS AND ACCESSORIES, AND A DUST CONTROL DEVICE; AND FOR OTHER PURPOSES. (c) Resolution No. 6,411, entitled: A RESOLUTION ACCEPTING THE DONATION OF AN INGERSOLL RAND PUMP AND A GENERAL ELECTRIC MOTOR TO THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. (d) Resolution No. 6,412, described as: A RESOLUTION SUPPORTING THE U. S. ARMY ENGINEERS" PLAN FOR WATER RE DEVELOPMENT IN THE FOURCHE BAYOU BASIN; AND FOR OTHER PURPOSES. ' 111111 (d) ResolAtRESOLUTION4SETTINGtTHElDATEhOFfSEPTEMBERt16 ,e1980, FOR A PUBLIC HEARING ON THE SUBURBAN DEVELOPMENT PLAN; AND FOR OTHER PURPOSES. (f) Resolution No. 6,414, with the title being: A RESOLUTION SETTING THE DATE OF OCTOBER 7, 1980, FOR A PUBLIC HEARING ON THE OAK FOREST NEIGHBORHOOD PLAN; AND FOR OTHER PURPOSES. (g) Resolution No. 6,415, entitled: A RESOLUTION SETTING THE DATE OF SEPTEMBER 16, 1980, FOR A PUBLIC HEARING ON CONSTRUCTION OF A PISTOL /RIFLE RANGE; AND FOR OTHER PURPOSES. (h) Resolution No. 6,416, with the following caption: A RESOLUTION SETTING THE DATE OF SEPTEMBER 16, 1980, FOR A PUBLIC HEARING ON REDUCTION OF HOURS OF OPERATION AT THE CITY'S SANITARY LANDFILL; AND FOR OTHER PURPOSES. (i) Resolution No. 6,417, described as: IA RESOLUTION SETTING THE DATE OF SEPTEMBER 16, 1980, FOR A PUBLIC HEARING ON WRECKER SERVICE IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSE By a motion from Director Langston, seconded by Director Morse, which was adopted by unanimous voice vote of the Board of Directors present, the Consent Agenda was dispen with as follows: (a) The Minutes of the previous meeting held August 19, 1980 were SEPTEMBER 3, 1980, Cont approved as written and summarized to the members of the Board of Directors; and (b,d, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent d, e, f, g, h & i) Resolutions No. 6,410, 6,411, 6,412, 6,413, 6,414, 6,415, 6,416 Next presented was Resolution No. 6,418, with the title being: and 6,417 were read in full and adopted by the following roll call vote: Ayes - ' Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. A Public Hearing on the closing of Miller Street between East Ninth Street and right -of -way of Chicago, Rock Island and Pacific Railroad Company in Hangers Addition, had been scheduled for this time and place. However, the petitioner, the Sol Alman Company, requested that the Public Hearing be postponed until September 16, 1980. No action was taken and the City Clerk was authorized to re- advertise the Public Hearing for Tuesday, September 16, 1980 at 7:30 o'clock P. M. Introduced at this time was Ordinance No. 13,864, entitled: AN ORDINANCE APPROPRIATING $425,000 FROM CATEGORY "C ", REVENUE SHARING, FOR FIRE STATIONS; APPROPRIATING $185,000 FROM CATEGORY "B" OF THE GENERAL FUND FOR A COMMUNI- CATION SYSTEM; APPROPRIATING $47,200 FROM CATEGORY "B" OF THE GENERAL FUND FOR DATA PROCESSING EQUIPMENT AND HEATING AND COOLING REPAIRS; APPROPRIATING $150,700 FROM ' CATEGORY "B" OF THE GENERAL FUND FOR SPECIAL PROJECTS OF THE PARKS DEPARTMENT; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Keith, seconded by Director Morse, 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 ensued. A subsequent motion was again made by Director Keith to suspend the rules and place the Ordinance on third and final reading; which motion was again seconded by Director Morse, 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langstoril) Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent Director Shackelford - total 1. Whereupon, the Ordinance was declared PASSED. Next presented was Resolution No. 6,418, with the title being: A RESOLUTION ACCEPTING AN OFFER TO PURCHASE LOTS 1, 2, 3, 10, 11 AND 12 OF BLOCK 7, POPE'S ADDITION TO THE CITY OF LITTLE ROCK; AUTHORIZING THE MAYOR TO EXECUTE DEEDS FOR LOTS 1, 2, 3, 10, 11 AND 12 OF BLOCK 7, POPE'S ADDITION TO THE CITY OF LITTLE ROCK ARKANSAS; AND FOR OTHER PURPOSES; (Offer of McOsker- Gardner Company and Markham Tower East) and the Resolution was read in its entirety. There was an ensuing motion from Directo Morse, seconded by Director Langston, which resulted in a roll call vote adopting the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Presented next was Ordinance No. 13,865, with the title being: AN ORDINANCE AUTHORIZING THE CITY ATTORNEY'S OFFICE TO PROCEED TO ACQUIRE PARCEL , NUMBERS P -31 AND P -32 REQUIRED FOR A RIGHT -OF -WAY FOR THE BLOUNT ROAD PROJECT BY CONDEMNATION PROCEEDINGS; AND FOR OTHER PURPOSES; and upon first reading of the Ordinance, there was a motion from Director Keith to jj,I suspend the rules and place the Ordinance on its second reading. The motion was second I " by Director Morse and adopted by unanimous vote of the members of the Board c 1 SEPTEMBER 3, 1980, Cont'd. 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 ensued. A motion wa! again made by 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; whic] 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. Ther was a third and last reading of the Ordinance, and the resulting Aye and No Vote taken on the question, Shall the Ordinance Pass, is recorded as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was therefore, declared PASSED. Presentation of Resolution No. 6,419 was made at this time, entitled: A RESOLUTION APPROVING AND AUTHORIZING AN ORGANIZATIONAL STRUCTURE WITH THE RESPONSIBILITY FOR DELIVERY OF CERTAIN MUNICIPAL SERVICES; AND FOR OTHER PURPOSES; (Reorganization - Deleting Assistant City Managers) and said Resolution was read in full, and followed by a motion from Director Keith, seconded by Director Langston, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. A proposed Ordinance was next presented, containing the following caption: AN ORDINANCE AMENDING ORDINANCE #13,798 AS AMENDED, ESTABLISHING INSURANCE REQUIREMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Re: Taxicabs) and the Ordinance was read the first time. In a ensuing discussion, Mr. Tom Robinson, an independent taxicab operator, questioned the requirements of the amendment and Mr. Jack Magruder, City Attorney, explained that the proposal changes the minimum insurance requirements to $50,000 for injury or death of any one person; $100,000 for each accident, and for damage to property, $25,000 for each accident; or $10,000 for injury or death of any one person; $20,000 for each accident, and for damage to proper $5,000 for each accident, plus file an irrevocable letter of credit from a bank. Mr. Robinson voice strong opposition to the amendment and charged there are taxicab opera- tors within the City who are not abiding by the Ordinance. Mr. John Hall of the Black and White Cab Company was the other speaker, who said his company has no disagreement with the Ordinance as a whole, but they do disagree with the matter of responsibility. There was further discussion followed by a motion from Director Keith, seconded by Mayor Hubbell, 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 was accomplished. Discussion continued after the second reading and there was no motion for further suspension of the rules; therefore, the proposed Ordinance remained on the calendar for third and final reading on September 16, 1980. Under "J" Citizen Communications, Ms. Fae Burkhart, representing the Pulaski County Audubon Society, spoke regarding the Resolution that was adopted supporting the U. S. Army Engineers' Plan for water resource development in the Fourche Bayou Basin. In a prepared statement she said, "the Pulaski County Audubon Society is concerned tha al. It will drastically alter the natural SEPTEMBER 3, 1980, Cont'd. setting of Boyle Park and will not provide adequate flood control for areas below Boyle Park. We believe the Council should retain option for accepting other desirable Plans, such as Plan 10, which the City has supported in the past. The Pulaski County Audubon Society does not necessarily believe that Plan 10 solves the problems assoc- iated with the Fourche Bayou Basin, but we consider the endorsement of Plan 7 as contrary to the public interest." Mayor Hubbell advised Ms. Burkhart that, "all we have is Plan 7, but the City prefers Plan 10." Mr. Curtis G. Homeyer of 332 Valley Club Circle stated that, according to news- paper articles, some change in cable television programing is under consideration. He asked if this is being considered and Mayor Hubbell advised that before any change in programing occurs, a public hearing will be held so that the citizens may be heard regarding this matter. Mr. Ron Harmon of the General Electric Company presented letters containing financial information to the Board of Directors. Mayor Hubbell reported to the Board that the City had won a court case in Pulaski Chancery Court on August 27th in which Chancellor Bruce Bullion refused to declare invalid the agreements between the City and hotel developer Doyle Rogers for a hotel atop the City -owned Convention Center. Attorney John Harkey of Batesville, who filed the suit, filed notice he will appeal the case to the Arkansas Supreme Court. Mayor Hubbell said, "there is some risk in proceeding with the bond sale. I think the law- suit is frivolous and without merit, but we are preparing documents to ensure no liability will incur to the City." Director Shackelford enrolled. A Public Hearing had been advertised for this time and place regarding a Memo- randum of Intent between the City of Little Rock and Little Rock Motels No. 1, Ltd., pertaining to the issuance of Tourism Revenue Bonds for financing the costs of acquir- ing, constructing and equipping Tourism Facilities, with the Notice having been duly published in the Arkansas Democrat on August 29, 1980. Mayor Hubbell declared the public hearing open and Mr. Jack Williams, Attorney introduced Mr. Ty Willis of Fauset and Company, who presented maps and a sketch of the proposed Holiday Inn to serve the Port, Airport and East Belt Freeway, to be located one -mile south of the Airport. Mr. Williams stated that the development will provide growth and employment for the area. Mr. Chuck Cileski, representing the Holiday Inns explained that the proposed hotel would be of the holidome concept with 210 rooms, restaurant, banquet room and lounge; with completion date to be from twelve to fourteen months. He advised that th timing is "everything" in this deal because of interest rates and a delay would jeapordize the project. The Little Rock Regional Airport Commission will be reviewing bids on October 16, 1980 on construction of a motel at the Airport, and Mr. James R. Rodgers, Manager of the Airport requested the Board of Directors to defer this proposa until the Airport Commission has an opportunity to review their bids. A general discussion ensued in which Director Jones questioned, "how are we going to react to others - - I thought we were going to establish a Tourism Policy." Director Morse was concerned that we might not get a motel if we wait thirty or sixty days, and suggested that "we resolve this tonight." Director Keith stated the establishment of a policy on Tourism Bonds is a very valid point and that there must be an end to it somewhere; adding, "we should have a standard policy." Again, Director Jones questioned, "are we going to establish a policy in this particular location ?" Mayor Hubbell felt each proposal should be evaluated on an individual basis. Director Morse agreed that the V r, SEPTEMBER 3, 1980, Cont'd. Board should deal with this issue individually or on a standpoint of feasibility. In Director Langston's remarks; he commented that he would vote against delay and would vote for the proposed Bond Project. Upon question by Director Keith, Mr. Rodgers stated that "there will not be a noise impact if a motel is constructed at the Airport Mayor Hubbell then made a motion, seconded by Director Langston, that the Memorandum of Intent by Little Rock Motel No. 1., Ltd., be amended to require private placement of the Bonds, and that we require a waiver of any liability against the City or Air- port for noise. The motion was unanimously adopted by voice vote of the Board Members present being seven in number and no one absent. There was no further discussion and the proposed Resolution was presented, with the title being: A RESOLUTION AUTHORIZING A MEMROANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND LITTLE ROCK MOTELS NO. 1, LTD., PERTAINING TO THE ISSUANCE OF TOURISM REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING TOURISM FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and there was a complete reading of the Resolution. A motion followed from Mayor Hubbell, seconded by Director Shackelford, that the Resolution be delayed until October 21, 1980. A subsequent motion was made by Director Morse, seconded by Directo Bussey that the Resolution, as amended, be adopted. City Attorney Jack Magruder ruled that the motion to delay the Resolution took precedence and a roll call was taken on the motion for delay, with the results recorded as follows: Ayes - Directors Keith, Shackelford, Mayor Hubbell and Director Jones - total 4; Noes - Directors Langston, Morse and Bussey - total 3; Absent - None. Therefore, the Resolution was delayed until October 21, 1980. Presented for consideration was Resolution No. 6,420, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE LITTLE ROCK SIGN BOARD OF REVIEW, PLANN COMMISSION, AND THE ARKANSAS ARTS CENTER BOARD OF TRUSTEES; AND FOR OTHER PURPOSES; (Sign Board of Review - Mr. Pat Jenkins; Planning Commission - Mrs. Betty Turner and Mr. Bill Hastings; Arkansas Arts Center - Mr. Joe Ford) and there was a full reading of the Resolution. There was a motion then made by Director Shackelford, seconded by Director Jones, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The last matter to be considered was Resolution No. 6,421, containing the follow- ing title: A RESOLUTION APPOINTING A PROGRAM COMMITTEE FOR CABLE TELEVISION, AND FOR OTHER PURPOSES; (A. M. "Sandy" Keith, Carol Langston, Melinda Morse, Lottie Shackelford, Suzanne Hubbell and Mrs. Joe Lake) with said Resolution being read in full, after which there was a motion by Director Keith, seconded by Mayor Hubbell, that the Resolution be adopted. A roll call was taken and the Resolution was subsequently adopted by the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director 1 11 Jones - total 7; Noes - None; Absent - None. SEPTEMBER 3, 1980, 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 Keith, seconded by Director Langston, and by unanimous voice vote of the Board Members present, the meeting was recessed at 9:45 o'clock P. M. to reconvene on Friday, September 5, 1980 at 2:00 P. M. to authori the Mayor and City Clerk to execute instruments and documents in connection with the New Convention Center. ATTEST: APPROVED: V City Clerk Mayor * * * * * * * * * * * * f L Board of Directors Chamber Little Rock, Arkansas 1 1111 September 5, 1980 - 2:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from September 3, 1980 with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Langston, Morse, Shackelford and Jones - total 5; Absent - Director Bussey - total 1. A quorum was delcared to be present and the meeting therefore, proceeded as herein described. Mayor Hubbell announced that the purpose of the reconvened meeting was to authori the Mayor and City Clerk to execute all instruments and documents pertaining to the development of a Civic - Convention Hotel Center. Mr. Tom Raney, President of T. J. Raney & Sons, Inc. advised the Board of Direct that the acceptance document would be ready Monday; that the bonds have been success- fully marketed and sold. Ordinance No. 13,866 was then presented, entitled: AN ORDINANCE AUTHORIZING THE MAYOR, CITY CLERK OR ASSISTANT CITY CLERK, ACTING FOR AND ON BEHALF OF THE CITY OF LITTLE ROCK TO DO ALL THINGS, EXECUTE ALL INSTRUMENTS AND DOCUMENTS, AND OTHERWISE TAKE ALL ACTION REQUIRED TO THE REALIZATION OF THE RIGHTS DUTIES AND OBLIGATIONS OF THE CITY IN CONNECTION WITH AND PERTAINING TO THE DEVELOP- MENT OF A CIVIC - CONVENTION HOTEL CENTER; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSE with said Ordinance being read for the first time. The rules were then suspended and the Ordinance was placed on second reading by motion of Director Morse, 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. Upon second reading of the Ordinance, there was a subsequent motion made by Director Keith that the rules be suspended and the Ordinance be placed on third and final reading. Director Shackelford 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. At this time, Mayor Hubbell advised the Board that City Manager Mahlon Martin had requested that the Board consider three Resolutions; one dedicating certain City owned A RESOLUTION DEDICATING CERTAIN CITY OWNED LANDS FOR THE USE AND BENEFIT OF THE LITTLE ROCK SANITARY SEWER COMMITTEE; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution; which was thereafter adopted by motion 1 1111111 of Director.,Keith, seconded by Director Morse, and by the following roll call vote: 1111111 III I II V/ lands for the use of the Little Rock Sanitary Sewer Committee, which contained the 111111 following title and was numbered 6,422: A RESOLUTION DEDICATING CERTAIN CITY OWNED LANDS FOR THE USE AND BENEFIT OF THE LITTLE ROCK SANITARY SEWER COMMITTEE; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution; which was thereafter adopted by motion 1 1111111 of Director.,Keith, seconded by Director Morse, and by the following roll call vote: 1111111 III I II V/ SEPTEMBER 31 1980, Cont'd. Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Director Bussey was enrolled. i Resolution No. 6,423 was presented with the title being: A RESOLUTION DIRECTING THE CITY MANAGER TO PURSUE INDEPENDENT PRIME SPONSOR STATUIII FOR THE CITY OF LITTLE ROCK, IN THE CENTRAL ARKANSAS CONSORTIUM; AND FOR OTHER PURPOSES i IIj with the Resolution being read in full. A brief discussion followed in which City Manager Mahlon Martin, requested the Board to approve the Resolution. The administrat- ive burden the City had to bear has become a liability. The City is the administrat- e j ive arm of the consortium, which operates federal Comprehensive Employment Training i� Act programs in the City, Pulaski, Saline, Faulkner and Lonoke Counties. Little Rock being the prime agency, the Labor Department gave a financial incentive to do all the administrative work. That incentive was eliminated in 1979, and new regulations hold the consortium responsible for 100 per cent of disallowed expenses incurred by the members or any subcontractors of the consortium. Mr. Martin told the Board, "I feel very strongly we should pull out October 1st - we could be responsible for any expenses that the government does not allow, for whatever reason, and that is scary in itself." There was no further discussion, and by motion of Director Keith, seconded by Director Morse, the Resolution was adopted by the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The last matter to be considered was Resolution No. 6,424, described as: A RESOLUTION COMMENDING DR. PAUL ROUNTREE, MEDICAL DIRECTOR OF THE EAST LITTLE ROCK COMMUNITY CENTER CLINIC; AND FOR OTHER PURPOSES; i and there was a complete reading of the Resolution, followed by a motion from Mayor I Hubbell, seconded by Director Bussey, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The following Board Members were designated as delegates to the National League of Cities in November: Directors Jones, Shackelford, Bussey and Langston, with Director Keith and City Manager Mahlon Martin being named alternates. There was no further business to be presented or to come before the Board of Directors, and upon motion by Director Langston, seconded by Director Shackelford, I and by unanimous vote of the Board Members present, the meeting was recessed at 2:45 o'clock P. M. to meet again on Monday, September 8, 1980 at 2:00 o'clock P. M. to r consider additional documents in conjunction with the Convention Center. I I .may f ATTEST: PAL APPROVED: j IG' City Clerk Mayor I �j �I Board of Directors Chamber Little Rock, Arkansas September 8, 1980 - 2:00 P. M. The Board of Directors of the City of Little Rock, Arkansas, again met in re- convened session from September 5, 1980 with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared to be present by Mayor Hubbell, who announced there were three Resolutions to be considered relative to the Civic - Convention Center. The first Resolution, No. 6,425, to be considered was entitled: A RESOLUTION DEDICATING CERTAIN PARCELS OF PUBLICLY OWNED STREET RIGHT OF WAY TO BE USED BY THE CITY FOR MAKING VARIOUS IMPROVEMENTS AS A PART OF THE DEVELOPMENT FOR THE CIVIC- CONVENTION HOTEL CENTER; AND FOR OTHER PURPOSES; with said Resolution being read in its entirety. There was a motion by Director Morse seconded by Director Langston, for the adoption of the Resolution. The resulting roll call then provided for adoption of the Resolution as herein recorded: Ayes - Director Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total Noes - None; Absent - None. Resolution No. 6,426 was presented, with the title being: A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MORTGAGE ON THE "COMMONWEALTH FEDERAL" PROPERTY; and there was a complete reading of the Resolution. A motion was made by Director Bussey that the Resolution be adopted. The motion was seconded by Director Morse and the Resolution was adopted by the following roll call vote: Aves - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The last Resolution to be presented was No. 6,427, described as: A RESOLUTION APPROVING THE SALE AND ISSUANCE OF CITY OF LITTLE ROCK, ARKANSAS HOTEL AND RESTAURANT GROSS RECEIPTS TAX BONDS (LITTLE ROCK CONVENTION CENTER PROJECT), SERIES 1980; and the Resolution was read in its entirety. There was an ensuing motion from Directc Shackelford, seconded by Director Morse, which resulted in a roll call vote adopting the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackel- ford, Mayor Hubbell and Director Jones - 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 Keith, seconded by Director Langston, and by un- animous voice vote of the Board Members present, the meeting was adjourned at 2:10 o'clock P. M. to meet again in regular session on Tuesday, September 16, 1980 at 7:30 o'clock P. M. ATTEST: APPROVED: / % Ye- City 1� Mayor * * * * * * * * * * * * V/ l Board of Directors Chamber Little Rock, Arkansas I September 16, 1980 - 7:30 P. M. i� The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Morse and Jones - total 4; Absent - Directors Bussey and Shackelford - total 2. I� A quorum was declared to be present and the meeting therefore, proceeded as herein recorded. The Invocation was given by Director Jones. I Before the Agenda Items were considered Mayor Hubbell presented Certificates of Appreciation to Mr. Ron Namest and Mr. Jim Eckhoff, Engineers with the Teletype Corporation, who were instrumental in the installation of teletype equipment in the new Southwest Branch of the Little Rock Library. He also introduced Ms. Alice Shands i of the Southwest Branch and Mrs. Eleanor Reid, who is a member of the Library Board of Trustees. jA Resolution of commendation was presented to Dr. Paul Rountree, Medical Director of the East Little Rock Community Center Clinic, who has made the clinic a great success and is leaving to enter private practice. �I Director Shackelford was enrolled. I The first presentation from the Official Agenda consisted of the Consent Items, described as follows: (a) The Minutes of the previous meeting held September 3, 1980 and the reconvened meetings on September 5 and September 8, 1980. (b) The Annual Report of the Little Rock Municipal Water Works for 1979. (c) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of July, 1980. (d) Resolution No. 6,428, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR AN ASPHALT DRIVEWAY, COMPUTER EQUIPMENT, PLAYGROUND LANDSCAPING; AND FOR OTHER PURPOSES. (e) Resolution No. 6,429, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK 11, CLINTON PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (f) Resolution No. 6,430, containing the following title: A RESOLUTION COMMENDING THE MISSOURI PACIFIC RAILROAD FOR THE DONATION OF AIR RIGHTS FOR THE CONSTRUCTION OF THE CONVENTION CENTER. { I (g) Resolution No �'6,431, described as: l �j A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR THE'B. FINLEY VINSON COMMUNITY ACTION GRANT. By motion from Director Shackelford, seconded by Director Langston, which was adopted li 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 September 3, 1980 and the reconvened meetings held September 5 and 8, 1980, were approved as written and III summarized to the members of the Board of Directors; (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works was received and filed; (c), The Annual Report of the Little Rock Municipal Water Works for 1979 was received and i SEPTEMBER 16, 1980, Cont'd. and filed; and (d, e, f & g) Resolutions No. 6,428, 6,429, 6,430 and 6,431 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, 1, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent Director Bussey - total 1. A Public Hearing had been designated for this time and place on the adoption of the Suburban Development Plan prepared by Team Four, Inc. and the Office of Planning as a policy guide for land use decisions in the suburban area. The public hearing was opened with Mr. Nathaniel Griffin, Director of the Department of Compre- hensive Planning explaining the intent and provisions of the Plan. Mr. Don Venhaus, Land Use Consultant was the only person to speak. He stated that he had an opportunit to state his views at the Agenda Meeting on September 10th, at which time he disagreed with the Plan's reflection of properties on Hinson Road as "single- family attached." Again, he stated this is not responsible planning and does not reflect what is presently there. Upon question by Director Morse, Mr. Venhaus said that he felt the Plan should designate these properties as "0-2" with a site plan review requirement. Mr. Griffin advised that the Plan is not intended to reflect each property and that he does not support a change in the Plan. Director Morse asked Mr. Griffin, "how do you plan to deal with now existing use ?" He replied, "permit them to operate and continue on non - conforming use." At this point, Mayor Hubbell made a motion that the "Plan be amended to reflect properties on Hinson Road, from the Arkansas Psychiatric Clinic to Hinson Loop Road, as "Suburban Office Use" instead of single - family attached. The motion was seconded by Director Keith and submitted to the following roll call vote: Ayes - Directors Keith, Langston, Morse, Mayor Hubbell and Director Jones - total 5; Noes - Director Shackelford - total 1; Absent - Director Bussey - total 1. Therefore the Plan was amended and with no further discussion, the Public Hearing was declared closed and the proposed Ordinance was placed on first reading, entitled: AN ORDINANCE ADOPTING THE SUBURBAN DEVELOPMENT PLAN PREPARED BY TEAM FOUR, INC. AND THE OFFICE OF COMPREHENSIVE PLANNING AS A POLICY GUIDE FOR LAND USE DECISIONS IN THE SUBURBAN AREA; AND FOR OTHER PURPOSES; and said Ordinance was read the first time. A motion then followed from Director Keith, seconded by Director Jones, 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 Shackelford and Jones, respectively, that the rules again be suspended to provide for the third and final reading of the Ordinance at this time. Mayor Hubbell requested that a roll call vote be taken on the motion with the results recorded as follows: Ayes - Directors Langston, Shackelford, Mayor Hubbell and Direct Jones - total 4; Noes - Directors Keith and Morse - total 2; Absent - Director Bussey total 1. With the suspension of the rules having failed, the proposed Ordinance was left on the calendar for third and final reading. A Public Hearing had been scheduled for this time and place to hear arguments on an Appeal of the Planning Commission's denial on July 29, 1980 of Zoning Petition Z -3501, submitted by Attorney David Henry for Don Kirk, requesting the rezoning of property located in the 8100 block of West Markham Street (long legal description), from "R -2" Single - family District to "MF -12" Multi- family District. The Public Heari was declared to be open and a large delegation of property owners from Wingate, Mark- ' _���I wood and Leawood, was present in strong opposition to the proposal. Mr. Henry presente.'�'l 392': I SEPTEMBER 16, 1980, Cont'd. a drawing and outlined zoning in the adjacent area. He stated that the subject propert is not suitable for single - family use and advised that a sixty -unit, one - bedroom apartment project is proposed and offered a forty -foot buffer around the property. I� Residents opposing the proposal were Susan Martin, Fred I. Morse, Howard Boyd, Paul L. , Buff, William Slikker, P. D. Gathright and George Dick. They contended the project i is not characteristic of the neighborhood, their properties would be seriously de- I valuated and there would be increased traffic problems. Mr. William L. Terry, Attorney for the Little Rock School District, voiced concern from a standpoint of increased traffic at the entrance to Brady School rather than zoning. There was no further j discussion, Mayor Hubbell declared the public hearing closed and the proposed Ordi- N m nance to reclassify the property was placed on first reading. yr Presented at this time*was a proposed Ordinance, containing the following title: � c 0 0 II AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE 8100 BLOCK OF WEST MARKHAM � F I, STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF r W 4 ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; w Mr. and after a first reading of the Ordinance, there was a motion from Director Keith to � � �� I '-44;I suspend the rules and place the Ordinance on its second reading. The motion was i r-A �ro seconded by Director Shackelford and adopted by unanimous vote of the members of the U •O Board of Directors present, being six in number and two - thirds or more of the members A °o �! of the Board of Directors - elect. The Ordinance was read the second time followed by A .O x � an ensuing motion that the rules again be suspended to allow for the third and final u mm 0 reading of the Ordinance at this time; with the motion being made by Director Keith m 00' and again seconded by Director Shackelford, and adopted by unanimous vote of the Board o� l Members present, being six in number and two- thirds or more of the members of the Board • UC1. a �44 I, of Directors - elect. The Ordinance was then read the third and last time; after which ia Uro A (d X! there was an Aye and No Vote taken on the passage of the Ordinance which resulted as U O N !' o.' follows: Ayes - None; Noes - Directors Keith, Langston, Morse, Shackelford, Mayor Ln 4 CT Ln4JO'; Hubbell and Director Jones - total 6; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared to have FAILED of passage. 3�1 IN The following Zoning Changes, as approved by the Planning Commission, were then I presented for consideration by the Board of Directors: II Z- 3363 -A_ Petition from A. Dan Phillips for Hall- Phillips Trust, to rezone 65.5 acres at the Southwest corner of I -430 and Shackleford Road, from "0 -3" General Office i t to "0 -2" Office /Institutional District. Z -3511 - Petition from Norman Holcomb to rezone 7200 Sq. Ft. at the S/W Corner I� of Indiana and Florida Avenues, described as Lot 1, Block 6, Riffel & Rhoton's Forest Park Highlands Addition to the City of Little Rock, Arkansas, from "R -2" Single - family to "R -4" Two - family District. iZ -3515 - Petition from T. J. and Margaret Martin to rezone 2.5 acres at 4440 it Patterson Street (long legal) from "R -2" Single- family to "R -4" Open Display District. Z -3517 - Petition from Carl E. and Betty Jo Hampel to rezone 6 acres on Vimy Ridge Road, 600 ft. north of Alexander Road, from "R -2" Single - family to "I -2" Light Industrial District. Z -3534 - By City of Little Rock for Bailey Development Corporation to rezone 14 ' acres on St. Charles Boulevard at Catina Court, described as Tract "D" of St. Charles Subdivision, from "MF -12" Multi - family District to "R -2" Single - family District. Z -3518 - Petition from Jud Heflin for ETA XI Home Association, Inc. to rezone 2500 South Taylor Street, described as the South 50 ft. of Lot 2 and all of Lot 3, I SEPTEMBER 16, 1980, Cont'd. Block 8, C. 0. Brack's Addition, from "R -5" Urban Residence to "0-3" General Office District. (Conversion Adjustment) ' Z -3519 - Petition from Sam Robinson for Tim Janson to rezone Lot 8, I -30 Industri Park, from "I -2" Light Industrial to "I -3" Heavy Industrial District. (Conversion Adjustment) Z -3520 - Petition from W. P. Hamilton for EXXON Corporation, et al, to rezone 16 separate locations (long legal descriptions) from "C -3" General Commercial to "C -4" Open Display District. (Conversion Adjustment) Z -3522 - Petition from L. Dickson Flake for Walthour -Flake Co., Inc. to rezone 7300 Cantrell Road, described as Lot 3, J. D. Walthour Replat, from "C -3" General Commercial to "C -4" Open Display District. (Conversion Adjustment) Z -3523 - Petition from L. Dickson Flake for Walthour -Flake Co., Inc. to rezone 7310 Cantrell Road, described as Lot 2, J. D. Walthour Replat, from "C -3" General Commercial to "C -4" Open Display District. (Conversion Adjustment) Z -3524 - Petition from L. Dickson Flake for Walthour -Flake Co., Inc. to rezone 7500 Baseline Road, described as Lot 2, Phyllis Replat of Lot 2B, Rosetta Replat, from "C -3" General Commercial to "C -4" Open Display District. (Conversion Adjustment) Z -3525 - Petition from L. Dickson Flake for Walthour -Flake Co., Inc. to rezone 1800 North Pierce Street, described as Lots 4, 5 & 6, Exc. So. 3.5 ft., Block 10, Mountain Park Addition, from "C -3" General Commercial to "C -4" Open Display District. (Conversion Adjustment) Z -3526 - Petition from L. Dickson Flake for Walthour -Flake Co., Inc. to rezone 3418 South University Avenue, described as Lot 1, Leslye Replat, Sub. of Lot 5 Riggs Addition, from "C -3" General Commercial to "C -4" Open Display District. (Conversion Adjustment) Z -3527 - Petition from L. Dickson Flake for Walthour -Flake Co., Inc. to rezone 5701 South University Avenue, described as Part of Section 25, T -1 -N, R -13 -W, Pulaski County, from "C -3" General Commercial to "C -4" Open Display District. (Conversion Adjustment) ' Z -3532 - Petition from Alvin Mosley for Broadmoor Builders, Inc. to rezone the North 300 ft. of the Broadmoor Shopping Center, from "C -3" General Commercial to "C -4" Open Display District. (Conversion Adjustment) Z -3515 - Petition from T. J. and Margaret Martin, to rezone 4440 Patterson from "I -2" Light Industrial District to "C -4" Open Display District. (Conversion Adjustment) Z -3535 - Petition from Roger Thurman for Reservoir Heights Partnership to rezone property on Reservoir Road just East of Treasure Hill Circle, from "0 -3" General Off to "MF -12" Multi - family District. (Conversion Adjustment) As there was no opposition presented to the proposed reclassification of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,867 as follows) Ordinance No. 13,867 was presented, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES LOCATED IN THE CITY OF LITTLE ROCK ARKANSAS, AMENDING SECTION 43 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 from Director Langston, seconded by Director Jones, that the rules be suspended and the Ordinance be d on sec . The motion was unanimous vote of the members of SEPTEMBER 16, 1980, Cont'd. 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 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 Morse, seconded by Director Langston, 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, result 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, Langston, Morse, Shackel- ford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Presented next was Zoning Petition No. Z- 3516, from Sam Reynolds for Tola S. Bates to rezone 2.5 acres between Iowa and Ohio Streets, 140 ft. west of Mississippi Avenue, from "R -2" Single - family to "MF -12" Multi - family District which had received the approval of the Planning Commission. Mr. and Mrs. M. C. McGahan of 7603 Ohio Street, opposed multi - family zoning in the middle of residential property and requested denial of the reclassification. Attorney Joseph C. Kemp representing the applicant, advised that the zoning is needed for the development of a townhouse or condominium project and that necessary right -of -way will be dedicated. He explained that the subject property has not been maintained and the proposal will obviously be an improve- ment to the area. There was no further discussion and Ordinance No. 13,868 was ed, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED 140 FEET WEST OF MISSISSIPPI BETWEEN IOWA AND OHIO STREETS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 Morse, seconded by Director Keith, 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 Keith, seconded by Director Langston, 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1 It was announced that the Ordinance had PASSED. The next presentation was Zoning Petition No. Z -3510, from Thomas Hodges for Strawn Furniture Company, to rezone the Northwest corner of Cantrell and Foxcroft Roads in the City of Little Rock, from "C -3" General Commercial District to "0-2" Office' and Institutional District, as approved by the Planning Commission for conversion strategy adjustment only. No opposition was presented and the Ordinance to reclassify the property was placed on first reading. (See Ordinance No. 13,869 as follows) , There was presented Ordinance No. 13,869, containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHWEST CORNER OF CANTRELL AND FOXCROFT ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; V �I3�5 SEPTEMBER 16, 1980, Cont'd. and the Ordinance was read the first time. A motion was then made by Director Langston, I which was seconded by Director Jones, that the rules be suspended and the Ordinance be placed on second reading; with the motion being unanimously adopted by members of the I I i Board of Directors present, being six in number and two - thirds or more of the members i of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion by Director Morse for a further suspension of the rules to allow ' it for the third and final reading of the Ordinance. The motion was seconded by Director ill Langston, adopted by unanimous vote of the members of the Board of Directors present, �I being six in number and two - thirds or more of the members of the Board of Directors - 'h elect; with the outcome being a third and last reading of the Ordinance. There was i III an Aye and No Vote then taken on the question, Shall the Ordinance Pass, resulting in !i the following vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Ilj Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total l� Whereupon, the Ordinance was declared PASSED. Zoning Petition No. Z -3507 was presented at this time, from Virginia Bailey for i the Bailey Development Company to rezone 26.6 acres in the St. Charles Addition to thel�l ' City of Little Rock (long legal description) from "R -2" Single- family and "MF -12" III I� Multi- family Districts to "MF -12" Multi- family District, as approved by the Planning Commission. Mrs. John Arellanes of 11 Perdido Drive in the St. Charles Addition was present and voiced opposition to the proposed rezoning stating that multi - family it zoning should be located at the entrance of a subdivision and that this proposal would greatly increase traffic. It was her opinion that under the Interstate Land Act, thisl' ill ii change would not be permitted. Mr. Joe White of Edward G. Smith & Associates, re- presenting the applicant, advised that the St. Charles Addition has been waived from the Interstate Land Act. Mrs. Virginia Bailey stated that neighborhood meetings had III been held and that Mr. and Mrs. Arellanes were the only objectors to the proposed �II rezoning. There was no further discussion and a proposed Ordinance to reclassify the property was placed on first reading. (See title below) III AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE ST. CHARLES SUBDIVISION IN II THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF II' �I THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance, followed by a motion from Director II Keith, seconded by Director Langston, that the rules be suspended and the Ordinance be + placed on second reading. The motion was adopted by unanimous vote of the members of �,II the Board of Directors present, being six in number and two - thirds or more of the 11 members of the Board of Directors - elect; and a second reading of the Ordinance ensued. 11 A motion was then made for a further suspension of the rules to provide for the third �I and final reading of the Ordinance at this time, with the motion again being made by Director Keith, seconded by Director Langston, and submitted to a roll call vote with II, the response being: Ayes - Directors Keith, Langston and Morse - total 3; Noes - {' Director Shackelford, Mayor Hubbell and Director Jones - total 3; Absent - Director Bussey - total 1. With the suspension of the rules having failed, the proposed Ordi- I nance remained on the calendar for third and final reading. II Introduced at this time was Ordinance No. 13,870, entitled: I AN ORDINANCE ISSUING CONDITIONAL USE PERMITS FOR VARIOUS PROPERTIES LOCATED IN THE CITY OF LITTLE ROCK, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; III I' r;' v _ t �I; 0 - -� SEPTEMBER 16, 1980, Cont'd. - (Z -3528 - 8008 Geyer Springs Road for wholesale doughnut shop in "I -2" District; and, Z -3510 - N/W corner of Cantrell & Foxcroft Roads for a multi - family develop - ment in "0 -2" District.) ii and there was a first reading of the Ordinance, followed by a motion from Director ' I� i Morse, seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on second reading. The motion was adopted by unanimous vote of the members �I of the Board of Directors present, being six in number and two - thirds or more of the I+ 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 for a further suspension of the rules to provide for II the third and final reading of the Ordinance at this time, with the motion being made i� by Director Morse, seconded by Director Jones, 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, resulting in an Aye and No Vote being taken on the question, Shall the I� Ordinance Pass, and the vote is herein recorded as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - `` None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. I Again presented was the Petition from Sol Alman, et al, requesting that Miller i Street between East 9th Street and right -of -way of Chicago, Rock Island and Pacific Railroad Company in Hangers Addition to the City of Little Rock, be vacated and closed. I The request had received the approval of the Planning Commission with the stipulation that the applicant dedicate 20 ft. of right -of -way on 9th Street; construct an 8 ft. I opaque fence; and agree to a replat. A Public Hearing had been scheduled by Resolution ii i No. 6,405, with notice thereof having been published on August 22, 1980 and August 29, 1980, (Board of Directors 9 -2 -80 Meeting rescheduled for 9 -3 -80 with notice being published 8 -29 -80 and 9- 2 -80). At the Board of Directors Meeting on September 3, ` 1980, it was stated that the petitioner, the Sol Alman Company had requested that the 41 public hearing be postponed until September 16, 1980 at 7:30 P. M., which request was granted and the City Clerk re- advertised the Public Hearing for this time and place. Mayor Hubbell then declared the Public Hearing open. Mr. Sol Alman was present and I� stated that it would be impossible for him to dedicate 20 ft. of right -of -way on 9th +lI Street, but did agree to a 5 ft. easement. He objected to the requirement of an opaque fence, pointing out that this would aid in crime around his salvage company. However, he did agree with the replat stipulation. Police Chief Simpson stated that the construction of a fence of this type might be detrimental in the prevention of i crime in the area. There was no further discussion, the Public Hearing was declared closed and a proposed Ordinance was placed on first reading, with the title being: AN ORDINANCE VACATING MILLER STREET BETWEEN EAST NINTH STREET AND RIGHT -OF -WAY OF CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY IN HANGERS ADDITION TO THE CITY OF LITTLE ROCK; 4 with the Ordinance being read the first time. Mr. Alman stated that he could not agree to the requirements of the Planning Commission and a motion followed from Director Keith, seconded by Director Shackelford, that "the Miller Street closure be �1 returned to the Planning Commission for further study." The motion was unanimously , I adopted by the Board Members present and the matter was referred back to the Planning Ii 1 Commission. SIN SEPTEMBER 16, 1980, Cont'd. A Public Hearing had been designated for this time and place on wrecker service provided in the City of Little Rock, with the notice therefor, having been duly publi ' ed. The current franchise is held by Greater Little Rock Wrecker Service composed of three firms: Trek, Inc., Barber Street Exxon Servicenter, Inc. and Penny's Wrecker Service, Inc.; said franchise will expire November 20, 1980. Mayor Hubbell declared Public Hearing open and Mr. Charles W. Tracy, Mr. Robert Byrns and Mr. A. R. Pendergras presidents of the three respective companies, were present to answer questions relative to the service. Upon question by Director Keith, Mr. Pendergrass advised that the franchise is composed of the three firms, and that in his opinion, it is beneficial to continue with three firms. Mr. Pendergrass further advised that the storage fee is $3.00 per night and that the cars are stored at 3611 Dixon Road in the southwest sectio of the City. Director Keith was concerned with the distance and cost involved for citizens to claim their automobiles. Mr. Pendergrass justified the distance by saying, "you wouldn't want a storage area in Pleasant valley ", and the cost by advising that a request to increase the fee to $4.00 will be forthcoming soon. A suggestion was made ' that a committee be appointed to review wrecker service, but City Manager Mahlon Martin said that Staff could provide information that he felt would answer the questio on the issue, and he was requested to have the information prepared for presentation before a committee is appointed. There was no further discussion and the Public Heari was declared closed by Mayor Hubbell. Another Public Hearing had been advertised for this time and place on the construction of a pistol /rifle range to be located on Arch Street Pike. The Hearing was declared open and Mr. Mike Batie of the Department of Community Services, presented drawings and explained the proposal. The only person wishing to speak was Mr. Donald Stuart, President of England Acres Property Owners Association. Mr. Stuart asked why the rifle range would be safe at this location if it is not safe on Rebsamen Park Road; if there are modifications to be made, why not make them at the present location; and, why is the proposed location an outstanding area? He said there are 65 households in the adjacent area and residents are concerned about pistol harm and noise. Mr. Stuart requested that the Board delay this matter so that neighborhood meetings could be held relative to the proposal. Mayor Hubbell recommended that Mr. Stuart meet with the Police Chief and Department of Community Services for more detailed information on the Plan. The Public Hearing was declared closed and the proposed Ordinance was placed on first reading (See proposed Ordinance below), to appropriate $40,000 for the construct- ion of the pistol /rifle range. AN ORDINANCE APPROPRIATING $40,000 FROM THE UNEXPENDED BALANCE OF THE GENERAL FUND FOR CONSTRUCTION OF A PISTOL /RIFLE RANGE; AND FOR OTHER PURPOSES; and the proposed Ordinance was read the first time. There was no motion for the sus- pension of the rules therefore, the Ordinance remained on the calendar for second reading. A Public Hearing had been designated for this time and place to authorize a Memorandum of Intent upon the question of issuance of Act 9 Industrial Development ' I Bonds in the amount of $9,000,000 for the Flintkote Company, a Massachusetts Corporati The purpose of the bonds is to finance the purchase and renovation of the Masonite Roofing Plant at 2500 East Roosevelt Road, that the Flintkote Company is purchasing. Mayor Hubbell declared the Public Hearing open and Attorney Jim Buttry explained the intent and answered questions regarding the proposal. Some of the Directors questione and Mr. Buttry advised that $5,000,0 3981 ` SEPTEMBER 16, 1980, Cont'd. would be expended over the purchase price of the present plant. Upon question by Director Jones, Mr. Buttry stated that this project is an industrial project and it qualifies under the Act 9 Industrial Development Act. There were no further questions li ' or discussion, the Public Hearing was declared closed and Resolution No. 6,432 was presented, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND FLINTKOTE COMPANY, PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOP- li MENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING �I INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; 14 I� with the Resolution being read in its entirety. A motion by Director Morse, seconded I by Director Langston, was then made and resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. r Ordinance No. 13,871 was introduced at this time, with the title being: AN ORDINANCE AMENDING ORDINANCE #13,798 AS AMENDED ESTABLISHING INSURANCE REQUIRE- MENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; Before the third and final reading of the Ordinance, Attorney John Hall representing the Black and White Cab Company stated, "there is no justification for increasing the limits ", and Mr. Larry Carpenter representing Mr. Tom Robinson said, "the $10,000/ $20,000 is more than sufficient to meet the needs ", and he had problems with the language. A discussion ensued regarding the requirement of a Letter of Credit. An alternative of posting a quarterly CPA statement showing a net worth of $100,000 or more, was mentioned and Director Langston made a motion, seconded by Mayor Hubbell that the Ordinance be amended to require the CPA quarterly statement, instead of the Letter of Credit. A roll call was taken on the motion with the outcome being: Ayes - Directors Langston, Morse and Mayor Hubbell - total 3; Noes - Directors Keith, Shackelford and Jones - total 3; Absent - Director Bussey - total 1. With the motion to amend the Ordinance as described above having failed, the Ordinance was read the third and last time with a roll call being taken on the question, Shall the Ordinance Pass, and the response is recorded as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - II j Director Bussey - total 1. Whereupon, the Ordinance, together with the Emergency Sectio was declared PASSED. A Public Hearing had been scheduled for this time and place, with notice thereof having been duly published, on the reduction of hours of operation at the City Sanitary Landfill, by discontinuing remaining open on Saturdays. In the past, private citizens have had the opportunity to use the Landfill on Saturday, free of charge. The Public Hearing was declared open and City Manager Mahlon Martin advised that if the Landfill is closed on Saturdays, then the "free day" will be changed to Wednesday. Mr. John Washington was the only person to speak advising that he is employed Monday through Friday, and Saturday is the only day he can use the Landfill. Mr. Martin said there are some Landfills in the Greater Little Rock Area open on Saturdays and stated that he will notify Mr. Washington where he can haul on Saturdays. No action was taken on the Landfill hours pending information on Saturday operation of other Landfills. There was 399 SEPTEMBER 16, 1980, Cont'd. f no further discussion and Mayor Hubbell declared the Public Hearing closed. lj Ordinance No. 13,872 was presented and entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAXICAB OPERATOR PERMITS AND THE DENIAL OF ONE APPLICATION; AND FOR OTHER PURPOSES; (Permits issued to C. D. Heflin & Kenneth Britt; Permit denied Willie Swain) II ICI which Ordinance was read the first time. A motion followed from Director Morse, seconde! by Director Keith, that the rules be suspended to allow for the second reading of the III�1 Board Members being Ordinance. The motion was adopted by unanimous vote of the present, six in number and two - thirds or more of the members of the Board of Directors - elect; andi 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 III and seconded by Directors Morse and Shackelford, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the membersVl of the Board of Directors - elect. An Aye and No Vote was then taken on the passage of Ili the Ordinance with the resulting vote recorded as follows: Ayes - Directors Keith, %i Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; ' Absent - Director Bussey - total 1. The Ordinance was therefore declared PASSED. There was presented Ordinance No. 13,873, containing the following caption: AN ORDINANCE AUTHORIZING AN INCREASE IN AUTHORIZED POSITIONS FOR THE SANITATION COLLECTION DIVISION; AND FOR OTHER PURPOSES; (To include 144 positions) II' and there was a first reading of the Ordinance. A motion was then made by Mayor Hubbell�i which was seconded by Director Keith, that the rules be suspended and the Ordinance be IP j III 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 II of the Board of Directors - elect. The Ordinance was subsequently read the second time, li resulting in a motion made by Director Keith for a further suspension of the rules to !'I I allow for the third and final reading of the Ordinance. The motion was seconded by it l Director Jones, adopted by unanimous vote of the members of the Board of Directors i present, being six in number and two - thirds or more of the members of the Board of III Directors - elect; with the outcome being a third and last reading of the Ordinance. it I'I There was an Aye and No Vote then taken on the question, Shall the Ordinance Pass, re- I III sulting in the following vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey iI total 1. Mayor Hubbell announced that the Ordinance had PASSED. I�. Presented for consideration was Resolution No. 6,433 with the title being: �I A RESOLUTION AUTHORIZING A LEASE AGREEMENT LEASING THE TENNENBAUM BUILDING TO TENNENBAUM CONCERN, INC.; AND FOR OTHER PURPOSES; I i II (Proposed Resolution to demolish building read 6 -17 -80 withdrawn) before the reading of the Resolution, a discussion followed regarding the lease agree- ment. Mr. Nathaniel Hill, Director of Human Resources advised that an agreement had j been reach relative to compensation. He said the amount agreed upon was 5% of the III' gross lease, plus 25% of the overage, and requested Director Morse to further explain. MM Director Morse advised that every year the City will receive 5% of the gross rents thatll the developer charges tenants; and, that in each of the leases there will be a per- ji centage rental clause with a base rent and if they do a tremendous business, then they h1i pay an overage rent to the developer and the City will participate in those overage Ili i rents in the amount of twenty -five percent. Mr. Hill discussed the construction of I' the overpass and stated that this requirement will add to the construction costs; wherel; �I l SEPTEMBER 16, 1980, Cont'd. it started out at $200,000, it might end up at $400,000. The overpass is to be built and maintained by the developer, but donated to the City. The developer will also build a parking lot for 250 vehicles and that will also, be owned by the City and maintained by the developer. The parking lot will be open to the public. Mr. Hill explained that because of this expenditure on the front end, some concession will be made with the developer to allow three years of no payments at all; after the first tenant occupies the building. Then beginning the fourth year, the developer will start paying the 50, plus the overage. Several comments were made regarding the feasibility of an underpass rather than an overpass over the Missouri Pacific Railroad tracts, and which would be the more economical. Mayor Hubbell stated that he will discuss this matter with MoPac officials when they come to Little Rock on September 18th. There was no further discussion and the Resolution was read in its entirety. A motion was made by Director Jones, seconded by Director Morse, that the Resolution be adopted. The resulting roll call vote provided for adoption of the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total ..; Noes - None; Absent - Director Bussey - total 1. The last matter to be considered was a proposed Ordinance, entitled: II I AN ORDINANCE APPROPRIATING $4,000.00 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR EXPERT WITNESS FEES IN THE CASE OF SAFEWAY STORES, INC., v. CITY OF LITTLE ROCK, CHANCERY COURT CASE #80 -2339; AUTHORIZING THE CITY ATTORNEY TO HIRE EXPERT WITNES ES IN THE SAFEWAY CASE; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance, followed by a motion from Director Langston, seconded by Director Shackelford, that the rules be suspended and the Ordi- nance placed on second reading. A roll call was taken on suspension of -the rules and the results recorded as follows: Ayes - Directors Langston, Shackelford, Mayor Hubbell and Director Jones - total 4; Noes - Directors Keith and Morse - total 2; Absent - Director Bussey - total 1. With the suspension of the rules having failed, the Ordi- nance was left on the calendar for second reading. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Langston, seconded by Director Keith, and by un- animous vote of the Board Members present, the meeting was recessed at 11:30 o'clock P. M. to meet again in reconvened session on Wednesday, September 24, 1980 at 9:30 o'clock A. M. to consider the adoption of the Suburban Development Plan. ATTEST: ic� APPROVED: /91 Iv / 44�w City Clerk /Mayor ' * * * * * * * * * * * * .✓ 0 r Board of Directors Chamber Little Rock, Arkansas September 24, 1980 - 9:30 A. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from September 16, 1980, with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Langston, Morse, Bussey and Jones - total 5; Absent - Director Shackelford - total 1. Mayor Hubbell declared that a quorum was in attendance and that the purpose for the reconvened meeting was to consider the adoption of the Suburban Development Plan. Before the proposed Ordinance was read the third and last time, a brief followed regarding the word "only" contained in Section 3 and the inclusion of a "Preamble" in the Ordinance. In the discussion, Mr. Nathaniel Griffin, Director of Comprehensive Planning described the Plan as the "Official Statement of Public Policy. Director Morse then made a motion to include the "Preamble ", and to remove the word "Only" in Section 3 of the Ordinance. The motion was seconded by Director Jones and unanimously adopted by voice vote of the Board Members present. A subsequent motion was then made by Director Keith, seconded by Director Jones, to suspend the rules and place the Ordinance, as amended, on 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. Therefore, Ordinance No. 13,874 was presented, entitled: AN ORDINANCE ADOPTING THE SUBURBAN DEVELOPMENT PLAN PREPARED BY TEAM FOUR, INC. AND THE OFFICE OF COMPREHENSIVE PLANNING AS A POLICY GUIDE FOR LAND USE DECISIONS IN THE SUBURBAN AREA AND FOR OTHER PURPOSES; and the Ordinance, as amended, was read for the third and last time. A roll call was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Whereupon, the Ordinance, as amended, was declared PASSED. There being no further business to be presented or to come before the Board of Directors at this time, upon motion from Director Morse, seconded by Director Keith, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:50 o'clock A. M. to meet again in regular session on Tuesday, October 7, 1980 at 7:30 o'clock P. M. ATTEST: #V— APPROVED: .000 City Clerk Mayor * * * * * * * * * * * * V 402 _ j Board of Directors Chamber Little Rock, Arkansas October 7, 1980 - 7:30 P. M. 1 The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and City Clerk Jane Czech, and the following Directors present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; �r Absent - None. A quorum was declared to be present, and the proceedings of the meeting are `I I � recorded as follows: The Invocation was given by Director Keith. Mr. John D. Taylor of 1522 North Hughes Street who retired from the Little Rock Auxiliary Police, was presented a plaque by Police Chief Walter E. Simpson, for twenty - I it five years of service. Mr. Taylor was instrumental in the foundation of the Arkansas Civil Defense Auxiliary Police in 1955 and received extensive training in police operations. Mayor Hubbell expressed appreciation to Mr. Taylor for twenty -five years lof dedicated service. ' Mr. Julius Breckling, Director of Parks and Recreation introduced Mr. Mike Pyron, President of the Little Rock Civitan Club who presented Mayor Hubbell with a check in the amount of $22,000 from the Club, to be appropriated for improvements to the Kiddie Zoo at the Zoo of Arkansas. Mayor Hubbell expressed appreciation to the Civitan Club on behalf of the citizens of Little Rock. At this time, a report was presented by the Cable Television Committee chosen to review TV program changes. The committee met at 7:00 P. M., October 7th, for the purpose of holding a public hearing and discussion on changes proposed by Riverside Cable TV, Inc., which holds Little Rock's cable television franchise. The committee recommended that Cable News Network, Cinemax, a movie channel; and KTVT -TV, Channel 11, in Fort Worth be accepted; and, that after Federal Communications Commission lifts restrictions on the number of independent stations a cable system can carry, that WOR -TV, Channel 9 in New York could be added. In a September 16th meeting, the ' committee had considered allowing Riverside to drop KTVT -TV, Channel 11 from the line- up and add WOR -TV, Channel 9 in New York. Riverside had wanted the New York station added to the lineup. Several persons were present at the Board Meeting who requested that KTVT -TV at Fort Worth be kept in the program lineup because programming from Fort �l Worth would be of greater interest to the citizens of Little Rock than the New York programs. Director Langston made a motion to table the proposed changes in the program lineup; however, the motion failed for lack of a second. After further discussion, Mr. Christopher Barrier, Attorney for Riverside, requested that the entire issue of changes be withdrawn so Riverside could study the legal and financial implications. i Mr. William Langendorf, general manager of Riverside said he might not be able to it afford to offer Cable News Network if he has to buy KTVT. The matter was withdrawn and no action taken. Mr. Craig O'Neal, a radio personality of Station KLAZ, clad in jogging attire, appeared before the Board of Directors to present "The Ultimate Challenge." The ' challenge was for the raising of $100.00 per person in the "Buck Rogers Run for Multiple Sclerosis." '403 OCTOBER 7, 1980, Cont'd. The first official presentation was the Consent Agenda consisting of the follow- ing: ' (a) The Minutes of the previous meeting held September 16, 1980, and the reconvened meeting held September 24, 1980. (b) Resolution No. 6,434, entitled: �I A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO �I AWARD CONTRACTS FOR DRAINAGE IMPROVEMENTS ON SIXTH STREET FROM ELM TO 1 PINE STREET; FOR REPAIRS AND WATERPROOFING OF ALL EXTERIOR MASONRY SURFACES AT THE OLD CENTRAL FIRE STATION; FOR PURCHASE OF SIX TWENTY YARD REAR Ljl LOADING SANITATION TRUCKS, FOR A COMPUTER EQUIPMENT PREVENTATIVE MAINTENANCE CONTRACT; FOR PURCHASE OF BULK OIL; AND FOR OTHER PURPOSES. (c) Resolution No. 6,435, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, III ARKANSAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE STREETS AND �I ALLEYS IN UNION DEPOT ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, AS I l ' FOLLOWS. (d) Resolution No. 6,436, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE THE ALLEY IN BLOCK 15 OF POPE'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS.!'' (e) Resolution No. 6,437, containing the following title: A RESOLUTION ATTESTING TO IMPLEMENTATION OF RECOMMENDATIONS OF THE LEGISLATIVE JOINT AUDITING COMMITTEE; AND FOR OTHER PURPOSES. (f) Resolution No. 6,438, entitled: Ili A RESOLUTION DECLARING THE INTENT OF THE CITY OF LITTLE ROCK, ARKANSAS, TO BUDGET AND APPROPRIATE NOT LESS THAN THE SUM OF $510,000 FOR THE YEAR j 1981 TO BE USED IN DEFRAYING THE COST OF THE PUBLIC MASS TRANSPORTATION !I SYSTEM OWNED BY THE CITIES OF LITTLE ROCK, NORTH LITTLE ROCK AND PULASKI COUNTY, ARKANSAS, AND FOR OTHER PURPOSES. , (g) Resolution No. 6,439, with the title being: A RESOLUTION AUTHORIZING A TEMPORARY FIRE SERVICE CONTRACT FOR GRABLE ^i OIL COMPANY; AND FOR OTHER PURPOSES. (h) Resolution No. 6,440, described as: 4. A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE PURCHASE OF TWO TRACTS OF LAND IN THE FOURCHE BOTTOMS; AND FOR OTHER PURPOSES. CSI (i) Resolution No. 6,441, containing the following title: A RESOLUTION SETTING THE DATE OF A PUBLIC HEARING ON AN ORDINANCE RECLASSIFYING AND REZONING CERTAIN PARCELS OF REAL PROPERTY OWNED BY THE CITY OF LITTLE ROCK SITUATED IN BLOCK 79, ORIGINAL CITY OF LITTLE ROCK, 1i ARKANSAS AND THE SE;, NE4, SECTION 3, TOWNSHIP 1 NORTH, RANGE 12 WEST, ALL 1 i4 IN PULASKI COUNTY, ARKANSAS; AND FOR OTHER PURPOSES. By motion of Director Shackelford, seconded by Director Jones, 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 September 16, 1980, and the reconvened ' meeting held September 24, 1980 were approved as written and summarized to the Board of Directors; and (b, c, d, e, f, g, h and i) Resolutions No. 6,434, 6,435, 6,436, lil 6,437, 6,438, 6,439, 6,440 and 6,441 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor YII i i Hubbell and Director Jones - total 7; Noes - None; Absent - None. 404�1 II 44N OCTOBER 7, 1980, Cont'd. I A Public Hearing had been scheduled and duly advertised for this time and place ' on the adoption of the Oak Forest Neighborhood Plan for the Oak Forest Community Development Block Grant Area. The Plan is to serve as a guide for future land use III decisions in the neighborhood area and is endorsed by the Planning Commission. Mayor Hubbell declared the Public Hearing open and with no one present to speak either for or against the issue, the hearing was closed and Ordinance No. 13,875 was presented, entitled: AN ORDINANCE ADOPTING THE OAK FOREST NEIGHBORHOOD PLAN; AND FOR OTHER PURPOSES; ,IIIwith 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 Bussey, seconded by IIDirector Keith, and unanimously adopted by the Board Members present, being seven in �! I� 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 made by Director Bussey, seconded by Director Shackelford, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a 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 1 I. third and last time, followed by an Aye and No Vote on the passage of the Ordinance with the response being: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, I Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. N Ordinance No. 13,876 was presented containing the following heading: 1 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE ST. CHARLES SUBDIVISION IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read the third and last time, with the first and second readings having occurred on September 16, 1980. A large delegation of property owners in the St. Charles Subdivision was present to oppose the reclassification of the subject property, from single - family use to multi - family use. Mr. Maurice Mitchell, Attorney for the developer, Bailey Corporation, was the first speaker. He reminded that this �I proposal had been recommended by the Staff, approved by the Planning Commission, and ' that-the Board of Directors downzoned a 14 -acre tract from "MF -12" multi - family to "R -2" single - family district on September 16, 1980. It was understood that this would be in exchange for additional "MF -12" on the tract under consideration. He further stated the Bailey Corporation will ask this Board to zone back this property, if this j request is not granted. He said the residents agreed to support the additional multi- family housing if the acreage north of the subdivision was rezoned to single = family use. Mr. Cam Rowe, representing the property owners voiced opposition citing misre- presentation of multi - family zoning; traffic and population influx; and, safety and protection of human life on St. Charles Boulevard. Other property owners speaking against the proposal were Mr. Perry Scott, Mr. Gene Sohl, Mr. Bob Harp, and Mrs. Rebecca i Arellanes, who named water pressure, limitations of police protection in northwest Little Rock, and a sea of multi - family surrounding St. Charles. Mr. John Arellanes of 11 Perdido commented on inadequate sewer facilities and presented a petition signed by , 191 citizens opposing this rezoning. Director Jones questioned if there are, or have there been, maps depicting Phases 1, 2 and 3, clearly defined. Mr. Maurice Mitchell i advised, "no, not clearly defined; the "MF -12" is 330 feet west of the platted lots." Exhibit No. 2 was filed for the record which contained minutes of the St. Charles OCTOBER 7, 1980, Cont'd. Property Owners Meeting on June 30, 1980. Both Directors Jones and Shackelford stated that they had hoped that a compromise could be accomplished between the developers and Single - family District, back to "MF -12" Multi- family, leaving it like it was, and deny this proposal." The motion was seconded by Director Shackelford and submitted to the following roll call vote: Ayes - Directors Shackelford and Jones - total 2; Noes - Directors Keith, Langston, Morse and Mayor Hubbell - total 4; Abstaining - Director Bussey - total 1; Absent - None. With the motion having failed, the question was called, "Shall the Ordinance Pass" with the results recorded as follows: Ayes - Directors Keith, Langston, Morse and Mayor Hubbell - total•4; Noes - Directors Bussey, Shackelford and Jones - total 3. Therefore, the Ordinance was declared PASSED. Directors Keith and Bussey were excused. property owners. After further discussion, Director Jones made a motion to "return ' II the property downzoned on September 16, 1980 from "MF -12" Multi- family and "R -2" Single - family District, back to "MF -12" Multi- family, leaving it like it was, and deny this proposal." The motion was seconded by Director Shackelford and submitted to the following roll call vote: Ayes - Directors Shackelford and Jones - total 2; Noes - Directors Keith, Langston, Morse and Mayor Hubbell - total 4; Abstaining - Director Bussey - total 1; Absent - None. With the motion having failed, the question was called, "Shall the Ordinance Pass" with the results recorded as follows: Ayes - Directors Keith, Langston, Morse and Mayor Hubbell - total•4; Noes - Directors Bussey, Shackelford and Jones - total 3. Therefore, the Ordinance was declared PASSED. Directors Keith and Bussey were excused. Additions to the City of Little Rock, and a copy of a letter from the Pulaski County Title Company listing the last owners of record to property adjacent to the portion of alley to be closed. Mayor Hubbell then declared the public hearing open. There was no one present who wished to speak either for or against the proposal and the public hear- ing was declared closed. Ordinance No. 13,877 was presented, with the title being: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 11, CLINTON PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by a motion by Director Morse, seconded by Director Langston, 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 five in number and two- thirds or more of the members VIIIof A public hearing had been scheduled by Resolution No. 6,429, and notice thereof Board of Directors - elect; and a second duly published on September 26th and October 3, 1980, on the petition from James G. of the Ordinance Harrison, et al, to vacate a portion of the alley in Block 11, Clinton Park Addition ' to the City of Little Rock, Arkansas, as approved by the Planning Commission. Attached motion was then to the petition was a certified copy of the plat of Clinton Park and Fairgrounds Additions to the City of Little Rock, and a copy of a letter from the Pulaski County Title Company listing the last owners of record to property adjacent to the portion of alley to be closed. Mayor Hubbell then declared the public hearing open. There was no one present who wished to speak either for or against the proposal and the public hear- ing was declared closed. Ordinance No. 13,877 was presented, with the title being: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 11, CLINTON PARK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by a motion by Director Morse, seconded by Director Langston, 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 five in number and two- thirds or more of the members and last reading of the Ordinance at this time; with the motion being made by Director Morse, again seconded by Director Langston, and unanimously adopted by 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 read the third and last time, and there was an Aye and No vote taken on the passage of the Ordinance as follows Ayes - Directors Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Keith and Bussey - total 2. Whereupon, the Ordinance was declared PASSED. Director Keith was re- enrolled. There was presented Ordinance No. 13,878, containing the following caption: AN ORDINANCE AMENDING ORDINANCE NO. 13,166 TO DELETE ALL REFERENCES TO PUBLIC ' UTILITY EASEMENTS; AND FOR OTHER PURPOSES; (N /S Alley through Block 4, Masonic Addition - Releases filed from Little Rock City Engineer, Arkansas Power & Light Company, Arkansas Louisiana Gas Company and Little Rock Municipal Water Works) and there was a first reading of the Ordinance. A motion was then made by Director Keith, which was seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on second reading; with the motion being unanimously adopted by Vy VIIIof the Board of Directors - elect; and a second reading of the Ordinance ensued. A motion was then made for a further suspension of the rules to provide for the third and last reading of the Ordinance at this time; with the motion being made by Director Morse, again seconded by Director Langston, and unanimously adopted by 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 read the third and last time, and there was an Aye and No vote taken on the passage of the Ordinance as follows Ayes - Directors Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Keith and Bussey - total 2. Whereupon, the Ordinance was declared PASSED. Director Keith was re- enrolled. There was presented Ordinance No. 13,878, containing the following caption: AN ORDINANCE AMENDING ORDINANCE NO. 13,166 TO DELETE ALL REFERENCES TO PUBLIC ' UTILITY EASEMENTS; AND FOR OTHER PURPOSES; (N /S Alley through Block 4, Masonic Addition - Releases filed from Little Rock City Engineer, Arkansas Power & Light Company, Arkansas Louisiana Gas Company and Little Rock Municipal Water Works) and there was a first reading of the Ordinance. A motion was then made by Director Keith, which was seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on second reading; with the motion being unanimously adopted by Vy OCTOBER 7, 1980, Cont'd. 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 subsequently read the second time, resulting in a motion by Director Morse for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Langston, 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 Ordi- nance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Mayor Hubbell then announced that the Ordinance had PASSED. Director Bussey was re- enrolled. Introduced at this time was Resolution No. 6,442, entitled: A RESOLUTION SUPPORTING THE PROPOSED CONSTITUTION OF 1980; AND FOR OTHER PURPOSES'; and there was a full reading of the Resolution. Mr. John F. Wells, publisher of the "DAILY RECORD" was present and urged the Board of Directors to reconsider supporting the Resolution. A motion then followed from Mayor Hubbell, seconded by Director Jones, ' to adopt the Resolution. The following roll call resulted in the adoption of the Resolution and is recorded as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Bussey - total 1; Absent - None. Ordinance No. 13,879 was the next presentation, with the title being: AN ORDINANCE APPROPRIATING $4,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR EXPERT WITNESS FEES IN THE CASE OF SAFEWAY STORES, INC.,v. CITY OF LITTLE ROCK, CHANCERY COURT CASE #80 -2339; AUTHORIZING THE CITY ATTORNEY TO HIRE EXPERT WITNESSES IN THE SAFEWAY CASE; AND FOR OTHER PURPOSES; and there was a second reading of the Ordinance, with the first reading having occurre on September 16, 1980. A motion followed from Director Morse, seconded by Director Jones, for the suspension of the rules to permit the third and last 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 Members of the Board of Directors - elect. The Ordinance was read the third and last time and an Aye and No vote was taken on the question, Shall the Ordinance Pass, with the resulting vote being recorded as herein described: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Mayor Hubbell then announced that the Ordinance had PASSED. A Public Hearing had been advertised for this time and place regarding a Memo- randum of Intent between the City of Little Rock and National By- Products, Inc., pertaining to the issuance of Act 9, Industrial Development Revenue Bonds. National By- Products located at 4300 East 9th Street, acquired the Southern Rendering Company in 1977 and now wish to make improvements and install pollution control equipment. Mr. Jack Williams, Attorney for National By- Products introduced Mr. Sam Scheidler of the firm, who passed out information outlining plans for expenditure of the bond funds. He advised that National By- Products will install a entirely new plant for , processing meats, and the issue will go basically to replace equipment, with an additional five to ten more jobs. Upon question by Director Langston, Mr. Scheidler advised there would be no more odor from the plant. Mrs. Georgia Sabb who lives just two blocks from the rendering plant told the Board of Directors, "this is too OCTOBER 7, 1980, Cont'd. Resolution was presented, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE NATIONAL BY- PRODUCTS, INC. PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTI. AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and there was a complete reading of the Resolution. Mayor Hubbell requested that Attorney Jack Williams arrange a meeting with the citizens at the East Little Rock Community Complex, to explain and inform the residents of the development plans. A motion followed from Director Shackelford, seconded by Director Bussey, to delay acti on the Resolution for two weeks, with the vote recorded as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Noes - Director Morse and Mayor Hubbell - total 2; Absent - None. Therefore, the Resolution remained on the calendar for consideration on October 21, 1980. A proposed Ordinance was presented, with the title being: AN ORDINANCE APPROPRIATING $40,000 FROM THE UNEXPENDED BALANCE OF THE GENERAL FOR CONSTRUCTION OF A PISTOL /RIFLE RANGE; AND FOR OTHER PURPOSES; ($30,000 for purchase of approximately 31 acres of land; $10,000 for plans and specifications) with the Ordinance being read the second time, having been read the first time on September 16, 1980. A group of property owners residing in the England Acres Sub- division, and Mrs. Julia Mae McDaniel, Justice of Peace in the district where the rif range is proposed, were present to oppose the location. Mrs. McDaniel stated there are sixty -five homes in the $55,000 to $75,000 price range in the vicinity, and requested that the rifle range be located elsewhere. Mr. Jack McSpadden, a resident, was concerned about unanswered questions; jurisdiction, supervision and expansion; ' adding, "until we have answers, we firmly oppose." Other property owners attending were Kenneth Hampton, Rev. James A. Vault, Donald Stuart, Marvel Turner, Mrs. Judy Kolafa and Dave Townson, all of whom were concerned with the rifle range lowering property values, increasing traffic and causing "too big of impact on their lives." There was no further discussion and no motion for the suspension of the rules; there- fore, the Ordinance remained on the calendar for third and final reading. Introduced at this time was Ordinance No. 13,880, described as: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1981 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; which Ordinance was read the first time. A motion followed from Director Morse, se ed 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 Keith and Morse, respectively, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more lect. An Ave and No Vote was then taken on much for us and we are against it." Mrs. Mae W. Jones who has resided at 816 Rogers Avenue for twenty -seven years said her main concern is that "we are plagued with odor." She requested that the matter be deferred until National By- Products can explain to ' the citizens what the situation is going to be; and, that they meet with the residents and discuss the Plans. The Public Hearing was declared closed and the proposed Resolution was presented, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE NATIONAL BY- PRODUCTS, INC. PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTI. AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and there was a complete reading of the Resolution. Mayor Hubbell requested that Attorney Jack Williams arrange a meeting with the citizens at the East Little Rock Community Complex, to explain and inform the residents of the development plans. A motion followed from Director Shackelford, seconded by Director Bussey, to delay acti on the Resolution for two weeks, with the vote recorded as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford and Jones - total 5; Noes - Director Morse and Mayor Hubbell - total 2; Absent - None. Therefore, the Resolution remained on the calendar for consideration on October 21, 1980. A proposed Ordinance was presented, with the title being: AN ORDINANCE APPROPRIATING $40,000 FROM THE UNEXPENDED BALANCE OF THE GENERAL FOR CONSTRUCTION OF A PISTOL /RIFLE RANGE; AND FOR OTHER PURPOSES; ($30,000 for purchase of approximately 31 acres of land; $10,000 for plans and specifications) with the Ordinance being read the second time, having been read the first time on September 16, 1980. A group of property owners residing in the England Acres Sub- division, and Mrs. Julia Mae McDaniel, Justice of Peace in the district where the rif range is proposed, were present to oppose the location. Mrs. McDaniel stated there are sixty -five homes in the $55,000 to $75,000 price range in the vicinity, and requested that the rifle range be located elsewhere. Mr. Jack McSpadden, a resident, was concerned about unanswered questions; jurisdiction, supervision and expansion; ' adding, "until we have answers, we firmly oppose." Other property owners attending were Kenneth Hampton, Rev. James A. Vault, Donald Stuart, Marvel Turner, Mrs. Judy Kolafa and Dave Townson, all of whom were concerned with the rifle range lowering property values, increasing traffic and causing "too big of impact on their lives." There was no further discussion and no motion for the suspension of the rules; there- fore, the Ordinance remained on the calendar for third and final reading. Introduced at this time was Ordinance No. 13,880, described as: AN ORDINANCE ESTABLISHING THE RATE OF TAXATION OF PROPERTY FOR CITY PURPOSES FOR THE YEAR 1981 FOR VARIOUS FUNDS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; which Ordinance was read the first time. A motion followed from Director Morse, se ed 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 Keith and Morse, respectively, and unanimously adopted by the Board Members present, being seven in number and two- thirds or more lect. An Ave and No Vote was then taken on OCTOBER 7, 1980, Cont'd. the passage of the Ordinance with the resulting vote recorded as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was therefore declared that the Ordinance, together with the Emergency Section, had PASSED. Considered next was Ordinance No. 13,881, entitled: AN ORDINANCE ACCEPTING $22,000 FROM THE CIVITAN CLUB; APPROPRIATING $22,000 ACCEPTED FROM THE CIVITAN CLUB TO BE USED FOR THE KIDDIE ZOO; EXPRESSING APPRECIATION TO THE CIVITAN CLUB FOR THE DONATION; AND FOR OTHER PURPOSES; and upon first reading of the Ordinance, there was a motion from Director Morse, seconded by Director Bussey, 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 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. A motion wa again made by Director Keith and seconded by Director Morse, to further suspend the rules to allow for the third and final reading of the Ordinance; with the motion being adopted by unanimous vote of the members of the Board of Directors present, being seve 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 question, Shall the Ordinance Pass, received the following response: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jone total 7; Noes - None; Absent - None PASSED. It was then announced that the Ordinance had Ordinance No. 13,882 was the next presentation, with the title being: AN ORDINANCE APPROPRIATING $2,727,000 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR THE CONSTRUCTION OF RODNEY PARHAM ROAD, PHASE II; AUTHORIZING THE CITY'S DIRECTOR OF FINANCE, OR HIS DESIGNATED REPRESENTATIVE, TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT AND THE FIRST NATIONAL BANK IN LITTLE ROCK CONCERNING THE INVESTMENT AND REINVESTMENT OF $2,570,000 IN U. S. GOVERNMENT SECURITIES TO ENABLE THE CITY TO EARN INTEREST ON SAID FUNDS DURING THE CONSTRUCTION OF RODNEY PARHAM ROAD PHASE II IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALLY THE CONTENT AS SET FORTH HEREIN AND MADE A PART OF THIS ORDINAN PRESCRIBING OTHER MATTERS RELATED THERETO AND DECLARING AN EMERGENCY; and after a first reading of the Ordinance, there was a motion by Director Morse, seconded by Director Bussey, 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 - 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 by Director Keith to suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Morse, and adopted by unanimo 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 final reading of the Ordinance, after which an Aye.and No Vote was taken on the passag of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; 1 OCTOBER 7, 1980, 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. Presented next was Ordinance No. 13,883, described as: APPROPRIATING $6,415.00 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR RAILROAD CROSSING IMPROVEMENTS; APPROPRIATING $15,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR LEGAL FEES; APPROPRIATING $18,640 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LITTL ROCK MACK SALES FOR THE PURCHASE OF FIRE PUMPER TRUCKS; AND FOR OTHER PURPOSES; Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Ordinance No. 13,884 was considered at this time, entitled: AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF AIRPORT REVENUE BONDS FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO THE LITTLE ROCK MUNICIPAL AIRPORT; PROVIDING FOR II THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; ($1,500,000 Bonds) with there being a first reading of the Ordinance, followed by a motion from Director Morse, seconded by Director Bussey, 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 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 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 Keith, seconded by Director Morse, and unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the membe 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 16 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, and there was a first reading of the Ordinance. A motion was then made by Director Morse, which was seconded by Director Bussey, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion made by Director Keith for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Morse, adopted by unanimous vote of the members of the Board of Directors present, being seven in number and two - thirds or more of t 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 than taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Ordinance No. 13,884 was considered at this time, entitled: AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF AIRPORT REVENUE BONDS FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO THE LITTLE ROCK MUNICIPAL AIRPORT; PROVIDING FOR II THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; ($1,500,000 Bonds) with there being a first reading of the Ordinance, followed by a motion from Director Morse, seconded by Director Bussey, 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 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 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 Keith, seconded by Director Morse, and unanimously adopted by members of the Board of Directors present, being seven in number and two - thirds or more of the membe 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 16 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, OCTOBER 7, 1980, Cont'd. Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. The next presentation was Resolution No. 6,443, containing the following heading: ' A RESOLUTION SETTING THE DATE OF OCTOBER 21, 1980, FOR A PUBLIC HEARING ON AN ADVANCED LIFE SUPPORT SYSTEM FOR THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with the Resolution read in its entirety. A motion by Director Morse, seconded by Director Keith, was then made and resulted in adoption of the Resolution by the foll ing roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Introduced at this time was Resolution, No. 6,444, with the title being: A RESOLUTION AUTHORIZING THE CLOSING OF THE CITY'S SANITARY LANDFILL ON SATURDAYS; AND FOR OTHER PURPOSES; and said Resolution was read in full, followed by a motion from Director Keith, se ed by Director Morse, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total.7; Noes - None; Absent - None. Ordinance No. 13,885 was presented, described as: AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAXICAB OPERATOR PERMITS TO FRANK HAMMONS AND CHARLES K. LITTLETON AND AUTHORIZING THE DENIAL OF A TAXICAB OPERATOR PERMIT TO ROBERT ORLICEK; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. Mr. Roy Finch, Attorney for Yellow Cab Company spoke regarding the number of permits issued. He stated that the ordina requires a need and necessity and that thirteen permits have been issued. He mentio some of the operators are not conforming with the requirements, and requested "an audience" with the City Manager regarding rates. Mr. Finch further stated that "our business if off 50 % ", and requested that the ordinance be restudied and come up with something the people can afford. Mr. Mahlon A. Martin, City Manager advised that nineteen permits have been issued, with only one left. He added that requirements will be enforced regarding the non - conforming operators. A motion followed from Mayor ' Hubbell that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Director Keith, 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. A subsequent motion was then made and seconded by Directors Keith and Bussey, 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 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 ensuing Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared lVVXfflb1N ordinance to be considered was PURCHASE OF LAND VIII I TO BE USED FOR CONSTRUCTION OF A FIRE STATION IN THE I -430 AREA; 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 Director Bussey OCTOBER 7, 1980, Cont'd. and Director 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 Ordinance was then read the second time; after which an ensuing motion was made by Director Keith, seconded by Director Shackelford, for a further suspension of the rules and the placing of the Ordinance on its third and final read- ing. 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 resulting Aye and No Vote taken on the passage of the Ordinance is recorded as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Abstaining - Director Morse - total 1; Absent - None. Accordingly, it was announced that the Ordinance had PASSED. At this point in the meeting, Mr. Willie Swain who was denied a permit to opera a taxicab on September 16, 1980, requested that he be permitted to drive from 2:30 P. M. to 10:00 P. M., after he leaves work at the Rodney Parham Branch of the Post Office. Mayor Hubbell advised Mr. Swain that he could not be issued a permit because of the results of the routine investigation that is necessary before issuance of a permit. There being no further business to be presented or to come before the Board of Directors, upon motion from Director Keith, seconded by Director Langston, and by unanimous vote of the Board Members present, the meeting was recessed at 10:50 o'clock P. M. to reconvene on Wednesday, October 15, 1980 at 9:30 o'clock A. M., to consider appointments to various Boards and Commissions. ATTEST: ?a7wL 4� APPROVED: City Clerk Mayor * * * * * * * * * * * * f� U2 N - �w Board of Directors Chamber i Little Rock, Arkansas ' I� I October 15, 1980 - 10:50 A. M. I �I I�I The Board of Directors of the City of Little Rock, Arkansas met in reconvened Iisession from October 7, 1980 with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; Absent - None. jj Mayor Hubbell declared that a quorum was in attendance and that the purpose of reconvening was to consider appointments to Boards and Commissions. In a brief discussion, Mayor Hubbell explained the need for the establishment of a Convention Center Complex Study Committee to work with the developer, Mr. Doyle Rogers, and the hotel firm of Trusthouse Forte, in the development of the I Convention Center. The duties of the committee would include assisting in the naming of the hotel; naming of the convention center; looking at possible name changes in the area with recommendations to the Board of Directors; and, how Riverfront Park ties in with the area and its significance to the convention center. There was no further discussion and Resolution No. 6,445 was presented, with the title being: A RESOLUTION APPOINTING MEMBERS TO THE CONVENTION CENTER COMPLEX STUDY COMMITTEE; AND FOR OTHER PURPOSES; (Mr. B. Finley Vinson, Chairman, Mr. Don Gold, Mr. James Rodgers, Mr. Maurice Lewis, Mr. W. F. Rector, Jr., Mr. Everett Tucker, Jr., Mr. Bill Perry, Miss Melinda Morse, Mr. Dickson Flake, Ms. Pat Williams, Ms. Rose Crane, Ms. Ludy Robinson, Mr. Mark Stodola, Ms. Barbara Patty, Ms. Susan Schallhorn and Judge William E. Beaumont, Jr., I! Ex- Officio Members: Mr. Nat Griffin, Mr. Barry Travis, Mr. Julius Breckling, Mr. David Gabri, Mr. Doyle Rogers, Mr. George Millar and Mr. Sterling Cockrill) and after a complete reading of the Resolution, there was a motion by Mayor Hubbell, seconded by Director Morse, for adoption of the Resolution. A roll call was taken and the Resolution was subsequently adopted as herein described: Ayes- Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. ' Resolution No. 6,446 was also presented, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE LITTLE ROCK PARKING AUTHORITY, PLANNING { COMMISSION, AND THE ADVERTISING AND PROMOTION COMMISSION; AND FOR OTHER PURPOSES; it (Parking Authority: Mr. Werner C. Knoop, Mr. James A. Moses, Jr., Mr. Murray Hunt and Ms. Jearlene Miller; Planning Commission: Mr. Willard Johnson, Mr. Calvin Scribner and Mr. John V. Schlereth; Advertising & Promotion Commission: Mr. Frank f Dussex) i and the Resolution was read in its entirety. A motion was then made by Mayor Hubbell !�I and seconded by Director Morse, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. A brief discussion was held on the voting procedure for the Board of Directors. 'If In the past, votes have been cast in numerical -order beginning with Position One ,v � through Position Seven. Several suggestions were made, followed by a motion from Director Bussey to use the voting procedure mentioned above at the first meeting each month, and use the inverted procedure beginning with Position Number Seven at the l0 second meeting each month. The motion was seconded by Director Keith, and the II _ I 11413 ' OCTOBER 15, 1980, Cont'd. I j response to the roll call is recorded as follows: Ayes - Directors Keith, Morse and 11 I� Bussey - total 3; Noes - Directors Langston, Shackelford, Mayor Hubbell and Director {II Jones - total 4; Absent - None. Therefore, the voting procedure of the Board of Directors will remain the same as in the past. There being no further business to be presented or to come before the Board of I I. Directors, upon motion from Director Langston, seconded by Director Keith, and by unanimous vote of the Board Members present, the meeting was adjourned at 11:15 o'clock' j, A. M. to meet again in regular session on Tuesday, October 21, 1980 at 7:30 o'clock ICI P. M. I ATTEST: � �v(w /�N�^`' APPROVED: 114."o City Clerk Mayor it 'b ICI i I I I, I IjjI I II �j ]I V III jI w {� i I Ili I L I Mil iI I 111 4141" Board of Directors Chamber Little Rock, Arkansas October 21, 1980 - 7:30 P. M. ' it The Board of Directors of the City of Little Rock, Arkansas met in regular !I session with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present.: Directors Keith, Langston, Morse, Bussey, Shackelford -and Jones - total 6; Absent - None. It was announced that a quorum was present and the meeting proceeded as herein recorded: The Invocation was given by Director Langston. The first official presentation from the Agenda was the Consent Items consisting of the following: (a) The Minutes of the previous meeting held October 7, 1980 and the j i, reconvened meeting held October 1S, 1980. (b) The Comparative Statement of Income Account of the Little Rock Municipal , Water Works for month of August, 1980. (c) Resolution No. 6,447, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD I' ANNUAL CONTRACTS FOR PAPER PRODUCTS AND FOR MAINTENANCE FOR COMMUNICATIONS EQUIPMENT; AND FOR OTHER PURPOSES. (d) Resolution No. 6,448, with the title being: i A RESOLUTION WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PRC PUBLIC MANAGEMENT SERVICES, INC. FOR TECHNICAL SUPPORT IN THE DESIGN AND IMPLEMENTATION OF A COMPUTER AIDED DISPATCH SYSTEM; AND FOR OTHER PURPOSES. (e) Resolution No. 6,449, containing the following heading: A RESOLUTION AUTHORIZING THE SALE OF THREE PARCELS OF LAND OWNED BY I THE CITY; AUTHORIZING THE STAFF TO NEGOTIATE THE PRICE FOR ONE PARCEL OF LAND; AND FOR OTHER PURPOSES. 'l (f) Resolution No. 6,450, described as: A RESOLUTION AUTHORIZING THE RELEASE OF A REVERSIONARY INTEREST IN STATE PROPERTY BY QUITCLAIM DEED; AND FOR OTHER PURPOSES. (g) Resolution No. 6,451, entitled: A RESOLUTION AUTHORIZING THE REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS RECOMMENDED BY THE CDBG PLANNING COMMITTEES; AND FOR II. OTHER PURPOSES. (h) Resolution No. 6,452, with the title being: I' N A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR EMPLOYEE HOSPITALIZATION INSURANCE; AND FOR OTHER PURPOSES. (Prudential Life Insurance Company) (i) Resolution No. 6,453, containing the following title: A RESOLUTION AUTHORIZING THE ACQUISITION OF TWO PARCELS OF LAND FOR ' RIGHT -OF -WAY ON BLOUNT ROAD; AND FOR OTHER PURPOSES. (j) Resolution No. 6,454, described as: II i RESOLUTION APPOINTING BOARD OF ASSESSMENT FOR MABELVALE- ALEXANDER SEWER IMPROVEMENT DISTRICT NO. 142 OF LITTLE ROCK, ARKANSAS. (George Fox, { i Bill Payne and Leon Sne_ed) - -- -- — — i L' OCTOBER 211 1980, Cont'd. , iP By motion of Director Morse, seconded by Director Langston, and -a roll call vot -e with I1 all members present voting Aye, the Consent Items were dispensed with as follows: q (a) The Minutes of the previous meeting held October 7, 1980 and the reconvened meet- ing held October 15, 1980 were approved as written and summarized to the Board of Directors; (b) The Comparative Statement of Income Account of the Little Rock MunicipalJ�J' Water Works for the month of August, 1980, was received and filed; and (c, d, e, f, 911 l h, i & j) Resolutions No. 6,447, 6,448, 6,449, 6,450, 6,451, 6,452, 6,453 and 6,454 i were read in full and adopted by the following roll call vote: Ayes - Directors Keith;'' il Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. �I !II At 7:00 o'clock P. M. prior to the official meeting of the Board of Directors, Mr. David Jones of KARK -TV Channel 4, presented a film to the public on advanced life support systems. Under the proposal, an ambulance authority would be established to I'. regulate the service, paramedic service would be provided on all ambulances and additional life support equipment would be purchased. Immediately following the presentation of the film and Consent Agenda, a public hearing was held for citizen , ' in -put regarding the proposal for ambulance service for Little Rock. Those speaking ill for the life support system were Dr. Michael J. Weber, Dr. Susan Fiser, Dr. Charles D.I�I Mabry, Patrick L. Barket, David Doernbach, Dr. Marvin Leibovich, Michael Rolland, �I Ralph G. Brodie, J. A. Gilbreath and Thomas Horron. Their comments included, "full support ", "this is the type of security Little Rock citizens deserve ", and "we believe very strongly in this matter." Mr. Wayne Martin of the Arkansas Nursing Home caution- ed if there is a decrease in vehicles, it would be a detriment. Ms. Fritzie Means, R. N., agreed that a good system is needed but, was concerned with the cost and how people could pay the increased service fee. Mr. Jones explained there will be no reduction in ambulances, and a person will have freedom of choice in the selection of an emergency room. Mayor Hubbell declared the Public Hearing closed and announced that a Resolution authorizing the continuance of a contract for the completion of Phase II of the design for advanced life support and accepting Plan I, would be delay- , ed for two weeks to obtain additional information. At 8:10 o'clock Mayor Hubbell called for a ten minute recess and at 8:20 o'clock II P. M., the Board of Directors answered roll call with no one absent. Ordinance No. 13,887 was presented containing the following caption: l' 1 AN ORDINANCE APPROPRIATING $42,000 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR DRAINAGE IMPROVEMENTS AT 46TH AND FOSTER STREETS; AND FOR OTHER PURPOSES; ;I and there was a first reading of the Ordinance. A motion followed from Director Morse, which was seconded by Director Jones, that the rules be suspended and the i Ordinance be placed 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 subsequently read the second time, resulting in a motion made by Director Keith and seconded by Director Jones, for a further suspension of the rules to allow for the third and finalll4 reading of the Ordinance. The motion was unanimously adopted by voice vote of the (1 members of the Board of Directors present, being seven in number and two - thirds or11 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 (� i I question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors! Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total ICI 7, ±la i OCTOBER 21, 1980, Cont'd. Noes - None; Absent - None. The Ordinance was then declared PASSED. Introduced at-this time was Ordinance No. 13,888, entitled: AN ORDINANCE APPROPRIATING $13,800 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR DRAINAGE IMPROVEMENTS AT NINTH AND WOLFE STREETS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time; followed by a motion from Director Morse that the rules be suspended to allow for the second reading of the Ordinance. The motion was seconded by Director Jones, 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 sub- sequent motion by Director Keith, again seconded by Director Jones, that the rules be suspended and the Ordinance be placed on third and final reading; with the motion bein unanimously adopted by members of the Board of Directors present, being seven in numbe 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 question, Shall the Ordinance Pass, with the responding vote being: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7, Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. , There was presented Ordinance No.. 13,889, with the title being: AN ORDINANCE APPROPRIATING $170,000 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR THE JOHN BARROW ROAD IMPROVEMENT PROJECT; ACCEPTING BID PROPOSALS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR ENGINEERING SERVICES; AND FOR OTHER PURPOSES; with the Ordinance being read the first time; after which there was a motion by Director Morse, for a suspension of the rules and the placing of the Ordinance on second readingll The motion was seconded by Director Jones, 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 followed, with a. motion thereafter being made by Director Keith, again seconded by Director Jones, to suspend the rules and place the Ordinance on third and final reading. With the motion having been 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 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. An announcement was made that the Ordinance had PASSED. Ordinance No. 13,890 was presented, described as: AN ORDINANCE APPROPRIATING $77,550 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR EQUIPMENT FOR THE VEHICLE MAINTENANCE FACILITY; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Morse, which was seconded by Director Jones, that the rules be suspended and the Ordi- nance be placed 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 subsequently read the second time, resulting in a motion made by Director Keith for a further suspension of the ' rules to allow for the third and final reading of the Ordinance. The motion was secondll ed by Director Jones, adopted 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; with the outcome being a third and last reading of the Ordinance. J OCTOBER 21 1980 Cont d. i There was an Aye and No Vote then taken on the question, Shall the Ordinance Pass, resulting in the followin g vote: Ayes Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director .zones - total 7; Noes None; Absent - None. Whereupon, the Ordinance was declared PASSED. i A Public Hearing had been scheduled for this time and place with notice thereof, having been duly published on the reclassification of certain parcels of land within the Convention Center Complex, from "Public and Institutional" District to "Metrocentre ") District. Mayor Hubbell declared the Public Hearing open and there was no one present to speak either for or against the reclassification, and Ordinance No. 13,891 was I, presented, entitled: �l AN ORDINANCE REZONING AND RECLASSIFYING CERTAIN PARCELS OF REAL PROPERTY AND AIR I` RIGHTS OWNED BY THE CITY OF LITTLE ROCK SITUATED IN AND OVER BLOCK 79, ORIGINAL CITY OF LITTLE ROCK, ARKANSAS, AND THE SE 1/4, NE 1/4, SECTION 3, TOWNSHIP 1 NORTH, RANGE 12 WEST, ALL IN PULASKI COUNTY, ARKANSAS; AMENDING SECTION 43, ARTICLE VII -A OF THEI Y CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES PERTAINING ' THERETO; and there was a first reading of the Ordinance. A motion was then made by Director i Keith, which was seconded by Director Morse, that the rules be suspended and the Ordi- nance be placed 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 subsequently read the second time, resulting in a motion made by Director Morse for a further suspension of I�'I ill the rules to allow for the third and final reading of the Ordinance. The motion was seconded by Director Shackelford, adopted by unanimous vote of the members of the Boardj', i of Directors present, being seven in number and two - thirds or more of the members of i the Board of Directors - elect; with the results being a third and last reading of the III Ordinance. There was an Aye and No Vote then taken on the question, Shall the Ordi- nance Pass, with the calculation recorded as follows: Ayes - Directors Keith, Langston'I1 Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The following Zoning Applications were presented next, as approved by the Planning'' Commission: Z- 2959 -A - From L. Dickson Flake for Charles M. Taylor, to rezone 57 acres at 0 4.,tt7L� r261 . the southwest corner of I -430 and Rodney Pa -rham� -Road (long legal description) from "R -2" Single- family District to "0 -2" Office and Institutional District. Z- 3340 -A - From Don R. Venhaus for John Hughes, to rezone 12015 Hinson Road II (long legal description) from "R -2" Single - family District to "0 -2" Office /Institutional District. I�I Z -3531 - From Don R. Venhaus for Arkansas Psychiatric Clinic, to rezone 12115 �II Hinson Road (long legal description) from "R -2" Single - family District to "0 -2" Office / " Institutional District. Z -3544 - From John L. Tate for L. A. Yount, et al, to rezone 8519 Chicot Road, described as all of the SW 1/4 SW 1/4, Section 36, T -1 -N, R -13 -W lying north of the Missouri Pacific Railroad R -O -W, less and except the north 150 ft. thereof, from "R -3" Single - family District to "C -3" General Commercial District. III' Z -3553 - From Johnny Bryant to rezone 1406 Stagecoach Road (long legal description, from "R -2" Single- family District to "C -3" General Commercial District. I, 41�" I, I OCTOBER 21, 1980, Cont'd. As there was no one present to speak in opposition to the reclassification of the P above- described properties, an Ordinance to reclassify same was placed on first read- ing. (See Ordinance No. 13,892 as follows) M Ordinance No. 13,892 was presented, containing the following title: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; ii and after a first reading of the Ordinance, there was a motion by Director Morse, i I i seconded by Director Langston, to suspend the rules and place the Ordinance on second jreading. 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; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Morse to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Jones, and adopted by un- animous 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston Morse, Shackelford, Mayor Hubbell voting Aye and Abstaining on Z- 2959 -A, and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared I �I PASSED. ,I The following Rezoning Applications were presented under the Conversion Strategy ii Adjustment procedure: Z -3529 - From Jannie Chism to rezone Lot 7, Block 1, C F, P Johnson's Addition, from "0 -3" General Office to "C -1" Neighborhood Commercial District. I i Z -3538 - From John Dodson for Robert Tice to rezone 3014 Roosevelt Road, described as Lot 6, Block 10, C. E. Gallaghers Addition, from "C -3" General Commercial to "C -4" Open Display District. Z -3542 - From Richard McDade to rezone Applegate Addition, from "R -4" Two - family District and "R -S" Urban Residence District to "R -3" Single - family District. � i Z -3548 - From Jim Finch for McKay $ Company to rezone Lot B, RSF's Replat of Quiet Business District west of Hidden Valley Drive, Little Rock, Pulaski County, Arkansas (N /W corner Rodney Parham Road and Hidden Valley Drive) from "0 -3" General Office to "C -3" General Commercial District. Z -3549 - From Jim Finch for McKay $ Company to rezone Lot 2, Rustic Pines, Pulaski i County, Arkansas (N /W corner Baseline Road and Verbena Drive) from "0 -3" General Office to "C -3" General Commercial District. Z -3551 - From Charles Venable for the Little Rock Housing Authority to rezone !I { Block 13, Marshall 0, Wolfe's Addition to the City of Little Rock, from "R -6" High Rise l� Apartment to "0 -2" Office /Institutional District. it Z -3552 - From Jessie Davis for the New Hebron Baptist Church to rezone Lots 11 $ li 12, Block 44, and Lots 11 $ 12, Block S0, Industrial Park Addition to the City of Littl I� Rock, from "R -2" Single - family to "0 -1" Quiet Office District. Z -3556 - From Pat Manney for Charles Taylor and Jim Miles, to rezone Lot 9 and the W50' of Lots 10 $ 11, and the N25' of the WSO' of Lot 12, Block 1, Strong and Waters i Addition to the City of Little Rock (5606 West Markham Street), from "0 -3" General j; Office to "C -1" Neighborhood Commercial District. �I A brief discussion followed regarding the conversion adjustments provided in the ! ✓ it OCTOBER 21. 1980. Cont'd. New Zoning Ordinance. Director Morse pointed out that under the Ordinance, one year is allowed to make the conversions and after December 31, 1980, it will be necessary to apply to the Planning Commission for these zoning changes. Mr. Nathaniel Griffin explained that the conversion is an automatic procedure. Regarding Z -3548 and Z -3549, Director Jones questioned Mr. Jim Finch of McKay & Company about restaurants being located on the above described properties. Mr. Finch advised there would not be restaurants on these sites. There was no further discussion, and Ordinance No. 13,893 was presented, described as: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 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 from Director Shackelford, seconde by Director Morse, and unanimously adopted by the Board Members 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, after which there was a subsequent motion made by Director Morse, seconded by Director Bussey, 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 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 Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Introduced at this time was Ordinance No. 13,894, entitled: AN ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES FOR THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; of Ordinance, and (Amending Pages 110 -112/ Section 7 -105.1 - "AF" Agriculture and Forestry District) with there being a first reading of the Ordinance, followed by a motion from Director Shackelford, seconded by Director Morse, 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 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 for a further suspension of the rules to provide for the third and last reading of the Ordinance at this time; with the motion being made by Director Morse, 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 third and last reading of the Ordinance, result 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. ' IIIII�I Ordinance No. 13,895 was presented next, containing the following caption: AN ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF ORDINANCES FOR THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (Amending definitions) and there was a first reading of the Ordinance. Director Morse advised that he will proposing an amendment regarding set -backs in the Flood Plain, but delayed the amend �e OCTOBER 21. 1980. Cont'd. until the next official meeting of the Board of Directors. There was a motion by Director Bussey, seconded by Director Morse, to suspend the rules and place the Ordi- nance on second 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; and the second reading of the Ordinance ensued. A subsequent) motion was made by Director Morse to suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Jones, and adopted by unanimou 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passag of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. The Ordinance was then declared PASSED. The next presentation was Resolution No. 6,4SS, with the title being: A RESOLUTION SETTING A PUBLIC HEARING ON NOVEMBER 18, 1980, IN THE MATTER OF THE LOUIS SCHICKEL ZONING APPLICATION, ZONING CASE NO. Z -3294 (HIGHWAY 10 NEAR SOUTHRIDGE DRIVE); AND FOR OTHER PURPOSES; , with the Resolution read in its entirety. A motion by Director Shackelford, seconded by Director Bussey, was then made and resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. A Public Hearing had been scheduled by- -Resolution No. 6,436, and notice thereof duly published on October 10, 1980 and October 17, 1980, on the petition from B. G. Coney to vacate a 20 ft. alley running North and South connecting 3rd and 4th Streets at the center of Block 1S, Pope's Addition to the City of Little Rock, Arkansas as approved by the Planning Commission. Attached to the petition was a copy of the plat of Pope's Addition, and a copy of a letter from the Beach Abstract $ Guaranty Company listing the last owners of record to abutting property. Mayor Hubbell then declared the Public Hearing open and with no one present who wished to speak either for or against the proposal, the public hearing was declared closed. Ordinance No. 13,896 ' was presented, entitled: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 1S, POPE'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time, followed by a motion by Director Morse, seconded by Director Jones, 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 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 for a further suspension of the rules to provide for the third and last reading of the Ordinance at this time; with the motion being made by Director Shackelford, seconded by Director Morse, and 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. The Ordinance was read the third and last time, and there was an Aye and No Vote taken on the passage of the Ordinance as follows: Ayes - , Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared to have PASSED. OCTOBER 21, 1980, Cont'd. The Petition from Arkansas Real Estate Company, et al, to vacate and close portio ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion made at this time by Director Morse, seconded by Director Keith, that the rules be suspended and the Ordi- nance be placed on second 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, with the second reading of the Ordinance following. A subsequent motion was again made by Director Morse, seconded by Director Bussey, for a further suspension of the rules and the placing of the Ordinance on thir and final reading, with the motion being adopted by unanimous vote of the members of t Board of Directors present, being seven in number and two - thirds or more of the member ' 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 - Directors Keith, Langston, Morse, Busse Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Introduced at this time was Ordinance No. 13,898 containing the following caption 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; (Antioch Baptist Church Property on Stagecoach Road - Court Order dated September 15, 1980) 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 Directors Keith and Bussey, respectively, which was adopted by unanimous 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. The Ordinance was read the second time; after which there was a subsequent motion from Director Keith, seconded by Director Morse, that the rules be suspended the Ordinance be- placed on its third and final reading. The motion was unanimously 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; and the Ordinance was of 2nd and Wolfe Streets, and certain alleys in Union Depot Addition was presented. ' The Petition had received the approval of the Planning Commission. A Public Hearing h been for by Resolution No. 6,435, Notice thereof scheduled this time and place with having been duly published on October 10, 1980 and October 17, 1980 as required by Law. Mayor Hubbell then declared the Public Hearing open and Mr. Chris Barrier, Attorney for the Petitioner was present to answer any questions the Board Members migh have. City Manager Mahlon Martin advised that the Arkansas Lung Association will be moving to this location, but there is a problem with access to their building for delivery trucks. He asked the Board to direct Staff to make sure access is available through proper platting. Mr. Bob Schnee, Director of the Arkansas Lung Association also, requested the access be provided. A motion was then made by Director Keith, seconded by Director Morse, to "direct the City Manager to deal with access through proper platting." The motion was unanimously adopted by the Board Members present. There was no further discussion and Mayor Hubbell declared the Public Hearing closed and an Ordinance to close the above - described streets and alleys was placed on first reading. (See Ordinance No. 13,897 as follows) ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATIN AND CLOSING CERTAIN STREETS AND ALLEYS IN UNION DEPOT ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion made at this time by Director Morse, seconded by Director Keith, that the rules be suspended and the Ordi- nance be placed on second 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, with the second reading of the Ordinance following. A subsequent motion was again made by Director Morse, seconded by Director Bussey, for a further suspension of the rules and the placing of the Ordinance on thir and final reading, with the motion being adopted by unanimous vote of the members of t Board of Directors present, being seven in number and two - thirds or more of the member ' 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 - Directors Keith, Langston, Morse, Busse Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Introduced at this time was Ordinance No. 13,898 containing the following caption 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; (Antioch Baptist Church Property on Stagecoach Road - Court Order dated September 15, 1980) 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 Directors Keith and Bussey, respectively, which was adopted by unanimous 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. The Ordinance was read the second time; after which there was a subsequent motion from Director Keith, seconded by Director Morse, that the rules be suspended the Ordinance be- placed on its third and final reading. The motion was unanimously 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; and the Ordinance was OCTOBER 21, 1980, Cont'd. 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared to have PASSED. Resolution No. 6,456 was presented at this time, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE NATIONAL BYPRODUCTS, INC. PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTIN AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; ($1,500,000) and the Resolution was again read in its entirety, having also been read on October 7, 1980 and after much opposition, delayed for two weeks. Again, a large delegation of residents appeared to oppose the proposal to enlarge the National By- Products Company Plant. Mr. Cornelius Johnson, Ms. Mae Jones, Rev. E. A. Arnold, Mr. Willie Hill, Ms. Donzella Day and Ms. Mattie Hood expressed opposition, described unsanitary condi- tions and stated that this project would "put us in a classification of second class citizens." Mr. James Rodgers, Manager of the Little Rock Regional Airport asked that a requirement be made for the cleaning up of any odor. Letters were presented to the Board Members from members of the Iowa and Missouri Community Organizations for Reform Now against the proposed expansion. At this point, Director Bussey made a statement to the citizens of the area, advising that the sale of Bonds and the expansion of the Company will allow these unsanitary conditions to be cleaned up and that $300,000 will be used for the purchase of pollution control equipment. He was concerned with perso or organizations from other states, filing complaints of matters existing in the City of Little Rock. Mayor Hubbell read a letter addressed to Director Bussey, from the National By- Products Company in which they committed to control odors and make sign- ificant improvements, with the odor problem being reduced by at least fifty percent. Director Shackelford commented that the residents are-not satisfied and stated that she was not prepared to vote on the matter at this time. Mayor Hubbell closed the discussion by saying, "the Bonds will not be issued until improvements are foreseen." A roll call then followed on the adoption of the Resolution with the results recorded as follows: Ayes - Directors Keith, Langston, Morse, Bussey and Mayor Hubbell - total S; Noes - Directors Shackelford and Jones - total 2; Absent - None. The next presentation was Resolution No. 6,4S7, described as: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND LITTLE ROCK MOTELS NO. 1, LTD., PERTAINING TO THE ISSUANCE OF TOURISM REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING TOURISM FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; (Not to exceed $6,000,000) and the Resolution was again read completely, having been delayed on September 3, 1980 pending the bid opening of a proposal to erect a motel on Airport property. A discuss ion ensued in which Mr. James Rodgers, Manager of the Little Rock Regional Airport stated that the Airport Commission will not make any recommendations regarding this proposal. Director Jones questioned the legality of the construction of a hotel under this State Act, and Attorney Jack Williams advised that in his opinion, this is one hotel that will qualify. Director Jones further expressed the need for "policy guidance" in these types of Bond Issues. Mayor Hubbell then made a motion that the Memorandum of Intent be amended as follows: OCTOBER 21, 1980, Cont'd. The motion was seconded by Director Bussey and unanimously adopted by voice vote of the members of "(e) The Company understands that a Master Plan presently exists Directors present. A roll call was for the expansion of the facilities and operations of the Little Rock adoption of the Municipal Airport. The Company states that it is aware of the proposed as amended, with the response being: plans and that it agrees not to raise objection to or interfere with any expansion contemplated by the Airport Commission as represented by the ' present Master Plan. (f) The Company agrees to comply with all rules and regulations governing the construction of facilities located in or near the Little Rock Municipal Airport; that it will apply for and obtain all permits, licenses or other authorizations necessary for the construction and completion of the Tourism Facilities; and that it will submit the proposed construction plans to the Airport Commission and the Municipal- ity for review prior to issuance of the Bonds." The motion was seconded by Director Bussey and unanimously adopted by voice vote of the members of the Board of Directors present. A roll call was then taken on the adoption of the Resolution, as amended, with the response being: Ayes - Directors Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones voted "Aye" with policy guidance - total 6; Noes - None; Abstaining - Director Keith - total 1; Absent - None. A Public Hearing had been advertised for this time and place regarding a Memoran- dum of Intent between the City of Little Rock, Arkansas and Affiliated Food Stores, pertaining to the issuance of Act 9, Industrial Development Revenue Bonds for expansio purposes. Mayor Hubbell declared the public hearing open and invited those who wished INto address the issue to do so. There was no one present to oppose the proposal and the Hearing was declared closed. (See Resolution No. 6,458 below) Resolution No. 6,458 was presented with the title being: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND AFFILIATED FOOD STORES, INC. PERTAINING TO THE ISSUANCE OF INDUS- TRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; (Not to exceed $3,000,000) and after a complete reading of the Resolution, there was a motion by Director Bussey, seconded by Director Morse, for adoption of the Resolution. A roll call was taken and the Resolution was subsequently adopted as herein described: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noe ' None; Absent - None. Another Public Hearing had been scheduled for this time and place on a Memorandum of Intent between the City of Little Rock, Arkansas and Toxicology Support Industries, pertaining to the issuance of Act 9, Industrial Development Revenue Bonds for financin the costs of acquiring, constructing and equipping industrial facilities for the pur- pose of producing laboratory animals. The Public Hearing was declared open ",and no one was present to voice opposition and Mayor Hubbell declared the Hearing closed. Reso- lution No. 6,459 was presented, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND TOXICOLOGY SUPPORT INDUSTRIES, PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCT- ING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERE- TO; ($500,000) and said Resolution was read in full, followed by a motion from Director Bussey, seconded by Director Morse, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None 424' r - OCTOBER 21, 1980, Cont'd. III The next presentation was Ordinance No. 13,899 containing the following heading: AN ORDINANCE AMENDING ORDINANCE NO. 13,884 TO CHANGE CERTAIN TERMS AND CONDITIONS CONCERNING THE PROPOSED $1,500,000 CITY OF LITTLE ROCK, ARKANSAS AIRPORT REVENUE BONDS, , SERIES 1980; AND DECLARING AN EMERGENCY; P and after a first reading of the Ordinance, there was a motion by Director Keith, 'll seconded by Director Bussey, to suspend the rules and place the Ordinance on second i Yireading. The motion was unanimously adopted by members of the Board of Directors M 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 ii was again made by Director Keith to suspend the rules and place the Ordinance on third � and final reading; which motion was seconded b Director Busse y y, and adopted by un- animous 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 I third and final reading of the Ordinance, after which an Aye and No Vote was taken on �! the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones total 7; Noes - None; Absent - None. The Emergency Section contained in Section 5 of the foregoing Ordinance was then �I read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. i Considered at this time was Resolution No. 6,460 with the title being: A RESOLUTION AMENDING RESOLUTION #6,438, WHICH DECLARED THE INTENT TO APPROPRIATE 1 NOT LESS THAN $510,000 FOR THE CENTRAL ARKANSAS TRANSIT SYSTEM FOR 1981, TO CORRECT A TYPOGRAPHICAL ERROR IN SAID RESOLUTION; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Bussey, seconded by Director Jones, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Langston, Morse, Bussey ij 4 Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith - !� total 1; Absent - None. Ordinance No. 13,900 was presented, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF A TAXICAB OPERATOR PERMIT TO MR. WILLIE SCOTT; AND FOR OTHER PURPOSES; jwhich Ordinance was read the first time. A motion followed from Director Keith, second d by Director Langston, 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 i motion made and seconded by Directors Keith and Morse, 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Bussey - total 1; Absent - None. The Ordinance was then declared PASSED. Resolution No. 6,461 was the last presentation, described as: N I� OCTOBER 21, 1980, Cont'd. A RESOLUTION AUTHORIZING THE EXTENSION OF THE 1980 STREET RESURFACING CONTRACT WITH THE BEN HOGAN COMPANY TO A TOTAL NOT TO EXCEED $590,000; AND FOR OTHER PURPOSES; I IIIand there was a complete reading of the Resolution after which a motion by Director Langston, seconded by Director Keith, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Under "J" Citizen Communications, Mr. Willie Swain was the only person to speak. He again requested that he be issued a taxicab operator permit and was advised that due to the results of the routine investigation required for a permit, he could not be issued a permit at this time. There being no further business to be presented or to come before the Board of Directors, upon motion from Director Keith, seconded by Director Bussey, and by unanimous vote of the Board Members present, the meeting was recessed at 10:20 o'clock P. M. to reconvene on Wednesday, October 29, 1980 at 10:30 A. M. for the opening of bids on the issuance of Municipal Airport Revenue Bonds. ATTEST: y�Ail%� \�! APPROVED: �� _City Clerk Mayor 1 X42 I i it Board of Directors Chamber Little Rock, Arkansas I i it October 29, 1980 - 10:30 A. M. i The Board of Directors of the City of Little Rock, Arkansas met in reconvened I� session from October 21, 1980 with Mayor Hubbell presiding and Jane Czech, City Clerk, it and the following Directors present: Directors Keith, Langston, Morse, Shackelford and Jones - total 5; Absent - Director Bussey - total 1. Mayor Hubbell declared that a quorum was present and advised the purpose of reconvening was to accept and open bids on the Little Rock Airport Revenue Bonds. Mayor Hubbell then announced that this was the time and place for the opening of i sealed bids on the proposed sale of $1,500,000 City of Little Rock Airport Revenue I Bonds, subject to the provisions set forth and included in the Notice of Sale. Three bids were submitted and as there were no other bids to be presented at this time, Mayor• Hubbell declared the time for the filing of bids closed and subsequently requested that IIMr. E. Jack Murphy, Director of Finance, proceed with the opening and reading of said bids. The three bids received for Airport Revenue Bonds of the City of Little Rock, I I� Arkansas in the amount of $1,500,000 were opened and described as follows: Net Interest Annual Cost Interest Hill, Crawford & Lanford, Inc.; Stephens, Inc.; T. J. Raney v Sons, Inc. $1,662,652.50 9.4684080 Merrill Lynch, Pierce, Fenner & Smith, Inc.; Dabbs Sullivan, Division George K. Baum; fl�Harrow Smith; Powell $ Satterfield; Rauscher Pierce Refsnes, Inc. $1,689,041.85 9.61860 !i B. J. Compton $ Sons, Inc.; Stifel, Nicolaus F, Co., Inc.; Swink F, Company, Inc.; Collins, Locke $ Lasater, Inc.; Parham $ Company, Inc. $1,615,130.00 9.198% Upon completion of the reading of the bids, Mayor Hubbell asked for a comment from ii Mr. James Rodgers, Manager of the Little Rock Regional Airport. Mr. Rodgers advised that the bids were higher than the Airport Commission would accept; therefore, the lbids were rejected as presented. Director Bussey was enrolled. I A discussion ensued relative to insurance requirements for the operation of taxi - cabs in the City of Little Rock. A suit was filed by Black F, White Cab Company and Yellow Cab Company against the City, claiming that the liability insurance requirements �i j were unreasonable. The City requires $100,000 liability insurance or a letter of credi it and insurance totaling $100,000. The State requires that cab drivers carry $20,000 I in liability coverage. A motion was made by Director Jones and seconded by Director Keith, to "authorize the City Attorney to settle the case of Black F, White Cab Company C vs. City of Little Rock; go back to minimum insurance requirements; limit the number of franchises to twenty until April, 1981, and review the franchises at that time. Also, both independent operators and companies abide by the statement of insurance and that the franchise of all companies or independents be revoked for failure to show proof of insurance by November 18, 1980." Before a vote was taken on the motion Mayor Hubbell ' ' commented that he could not support the minimum requirements adding, "I feel the citizens need the protection and think the State is remiss in keeping the minimum II p� insurance coverage at the same as was set in 1936. I don't think we should change it just because somebody sues us. It's a bad precedent." A roll call was then taken on �l OCTOBER 29. 1980. Cont'd. the motion with the results recorded as follows: Ayes - Directors Keith, Morse, Shackelford and Jones - total 4; Noes - Directors Langston, Bussey and Mayor Hubbell - total 3; Absent - None. A brief discussion followed regarding transportation from the Little Rock Regiona Airport. A motion was made by Mayor Hubbell, seconded by Director Keith, to "request the Airport Commission to consider the matter of transportation from the Airport, and bring their recommendations to the Board of Directors." A roll call was taken on the motion with the response being: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. With the General Election occurring on the official Board Meeting night, it was agreed upon to convene at 7:00 P. M. instead of 7:30 P. M. so that Board Members and citizens can view election results. There being no further business to be presented or to come before the Board- -of Directors, upon motion of Director Keith, seconded by Director Langston, and by unan- imous vote of the Board Members present, the meeting was adjourned at 10:50 o'clock A. M. to meet again in regular session on Tuesday, November 4, 1980 at 7:00 o'clock P. M. ATTEST: F"t e APPROVED: // City Clerk Mayor 428,1 Board of Directors Chamber i Little Rock, Arkansas �I November 4, 1980 - 7:00 P. M. i The Board of Directors of the City of Little Rock, Arkansas met in regular j session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following �i Directors present: Directors Keith, Langston and Jones - total 3; Absent - Directors Morse, Bussey and Shackelford - total 3. h' A quorum was declared to be present and the meeting proceeded as herein recorded. The Invocation was given by City Attorney Jack Magruder. I The first presentation from the Official Agenda consisted of the Consent Items, described as follows: (a) The Minutes of the previous meeting held October 21, 1980 and the reconvened meeting held October 29, 1980. (b) Resolution No. 6,462, entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, Y, ARKANSAS, AUTHORIZING AN EASEMENT FOR A RECTIFIER UNIT IN HINDMAN PARK, IN THE CITY OF LITTLE ROCK, ARKANSAS. (c) Resolution No. 6,463, with the title being: A RESOLUTION CALLINF FOR A PUBLIC HEARING REGARDING THE ANNEXATION OF CERTAIN LANDS. (Seven Islands) (d) A Motion to set the date of Public Hearing on November 18, 1980 on Zoning jAppeal (Z -3537) to rezone property at 2009 Kavanaugh, from "R -3" Single- i family to "R -5" Urban Residence District. ii (e) A Motion to set the date of Public Hearing on November 18, 1980 on Zoning �i Appeal (Z -3540) to rezone 18.3 acres west of Asher Avenue on the north I j side of Colonel Glenn Road, from "R -2" Single- family to "MF -18" Multi - �j family and "C -1" Neighborhood Commercial District. i (f) Resolution No. 6,464, described as: A RESOLUTION AUTHORIZING A CHANGE ORDER FOR THE EAST LITTLE ROCK CDBG FIFTH YEAR STREET CONSTRUCTION PROJECT; AND FOR OTHER PURPOSES. By Motion of Director Langston, 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 were approved as written and summarized to the Board of Directors; (b $ c) Resolutions No. 6,462 and 6,463 were read in full and adopted by the following i iiroll call vote: Ayes - Directors Keith, Langston, Mayor Hubbell and Director Jones - total 4; Noes - None; Absent - Directors Morse, Bussey and Shackelford - total 3; (d $ e) Motion were made and adopted to set a public hearing on November 18, 1980 to consider Zoning Appeals Z -3537 and Z -3540; and (f) Resolution No. 6,464 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Mayor Hubbell and Director Jones - total 4; Noes - None; Absent - Directors Morse, Bussey and Shackelford - total 3. Director Shackelford was enrolled. , Introduced at this time was Resolution No. 6,465, containing the following title: !I� A RESOLUTION SUPPORTING THE BASELINE AND CHICOT ROADS INTERSECTION IMPROVEMENT PROJECT; STATING THE CITY'S COMMITMENT TO FINISH THE RIGHT -OF -WAY AND UTILITY ADJUST- MENTS FOR THE PROJECT; AND FOR OTHER PURPOSES; I� �i NOVEMBER 4, 1980, Cont'd. and there was a complete reading of the Resolution after which a motion by Director Keith, seconded by Director Langston, resulted in a roll call vote which adopted the I Resolution by the following vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Bussey - total 2. Ordinance No. 13,901 was presented, entitled: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN MAP, ADOPTED BY ORDINANCE I NO. 13,874 ON SEPTEMBER 24, 1980; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion followed from Director Keith,j I which was seconded by Director Langston, that the rules be suspended and the Ordinance i be placed on second reading; with the motion being 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 Ordinance was subsequently read the second time, resulting in a motion made by Director Keith and again seconded by Director Langston, for a further suspension of the rules to allow for the third and final read- ing of the Ordinance. The motion was unanimously adopted by voice 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; 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, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Bussey - total 2. The Ordinance was then declared PASSED. There was presented Ordinance No. 13,902, with the title being: AN ORDINANCE APPROPRIATING $85,516 FROM -THE 1977 CAPITAL IMPROVEMENT FUND TO BE USED FOR THE THIRTEENTH STREET BRIDGE PROJECT; ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE THIRTEENTH STREET BRIDGE CONSTRUCTION CONTRACT AND FOR MODIFICATIONS TO THE FLETCHER BRANCH LIBRARY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time; after which there was a motion by Director Keith, for a suspension of the rules and the placing of the Ordinance on second reading. The motion was seconded by Director Langston, 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. A second reading of the Ordinance followed, with a motion thereafter being made by Director Keith, again seconded by Director Langston, to suspend the rules and place the Ordinance on third and final reading. With the motion having been 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 Ordinance was read the third and last time. The result- ing Aye and No Vote taken on the passage of the Ordinance is herein recorded as follow Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Bussey - total 2. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 13,903, containing the following heading: AN ORDINANCE APPROPRIATING $16,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR RELOCATION OF THE SANITATION BUILDING; AND FOR OTHER PURPOSES; (From Thayer Street to the Material Yard) NOVEMBER 4, 1980, Cont'd, 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 Langston, 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 subsequent motion made by Director Keith, seconded by Director Langston, 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. 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, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Bussey - total 2 An announcement was made that the Ordinance had PASSED. Considered at this time was Ordinance No. 13,904, described as: AN ORDINANCE AMENDING SECTION 12 OF ORDINANCE NO. 13,617 AND SECTION 36 -65 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS TO REQUIRE THE POSTING OF A CASH OR SURETY BOND, AT THE OPTION OF THE STAFF, FOR CERTAIN POSTPONED IMPROVEMENTS; AND FOR OTHER PURPOSES; (Regarding the Landscape Ordinance) with there being a first reading of the Ordinance. There was a motion made at this time by Director Keith, seconded by Director Langston, 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 Ordi- nance following. A subsequent motion was again made by Director Keith, seconded by Director Langston, for a further suspension of the rules and the placing of the Ordi- nance 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 - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Bussey - total 2 declared PASSED. Therefore, the Ordinance was Presented for consideration next was Ordinance No. 13,905, entitled: AN ORDINANCE CONDEMNING CERTAIN BUILDINGS IN THE CITY OF LITTLE ROCK AS FIRE AND HEALTH HAZARDS; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECES TO RAZE AND DEMOLISH SAID BUILDINGS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; which Ordinance was read the first time. A motion followed from Director Keith, �f seconded by Director Langston, that the rules be suspended to allow for the second f reading of the Ordinance. The motion was adopted by unanimous Vote of the Board Memb i present, being five in number and two - thirds or more of the members of the Board of jDirectors - 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 Keith and Langston, 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. An Aye and No Vote was then taken on the Dassage of the Ordinance with the resulting vote recorded as follows ` I NOVEMBER 4, 1980, Cont'd. PURPOSES; and there was a first reading of the Ordinance; after which, the rules were suspended and the Ordinance placed on second reading, by motion of Director Keith, seconded by Director Langston, and by unanimous vote 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 second time; there was no motion for further suspension of the rules and the proposed Ordinance remained on the calendar for third and final reading. Director Bussey was enrolled. A proposed Resolution was presented, entitled: A RESOLUTION AUTHORIZING THE EXTENSION OF THE LEASE FOR AMUSEMENT RIDES AT WAR MEMORIAL PARK FOR A PERIOD OF FIVE YEARS; AND,FOR OTHER PURPOSES; with the Resolution being read in full. A brief Discussion followed in which City Manager Mahlon Martin advised that Mr. Doyle O'Kelley, the Lessee, carries $1,000,000 liability insurance on the amusement rides at War Memorial Park. The further advised !11111 Iill'�i Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - l 2 Absent - Directors Morse and Bussey - total total S; Noes - None; � The Emergency Section contained in Section S of the foregoing Ordinance was then �I read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, i Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Morse and Bussey - total 2. It was therefore declared that the Ordinance, I together with the Emergency Section had PASSED. Ordinance No. 13,906 was presented, with the title being: AN ORDINANCE AMENDING ORDINANCE #13,94.6 -AND SECTION 23- 2(III)(e) OF THE CODE OF ORDINANCES ESTABLISHING INSURANCE REQUIREMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and upon first reading of the Ordinance, there was a motion from Director Keith, seconded by Director Langston, 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; and a second reading of the Ordinance followed. A motion was again made by Director Keith and seconded by Director Langston to further suspend the rules to allow for the third and final reading of the Ordinance; with the motion being adopted by unanimous vote of the members of the Board of Directors present, bein; five 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 question, Shall the Ordinance Pass, received the following response: Ayes - Directors Keith, Langston, Shackelford and Jones - total 4; Noes - Mayor Hubbell - total 1; Absent - Directors Morse and Bussey - total 2. The Emergency Section contained in Section 3 of Ordinance No. 13,906 was then read and adopted by the following roll call vote: Ayes Directors Keith, Langston, Shackelford and Jones - total 4; Noes - Mayor Hubbell - total 1; Absent - Directors Morse and Bussey - total 2. It was then announced that the Ordinance, together with the Emergency Section had PASSED. A proposed Ordinance was the next presentation, described as: AN ORDINANCE REPEALING THE LAST CLAUSE OF THE LAST SENTENCE OF SECTION 7- 105.4(d) OF CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO THE SETBACK FOR BUILDINGS OR STRUCTURES IN THE FLOODPLAIN DISTRICT; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance; after which, the rules were suspended and the Ordinance placed on second reading, by motion of Director Keith, seconded by Director Langston, and by unanimous vote 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 second time; there was no motion for further suspension of the rules and the proposed Ordinance remained on the calendar for third and final reading. Director Bussey was enrolled. A proposed Resolution was presented, entitled: A RESOLUTION AUTHORIZING THE EXTENSION OF THE LEASE FOR AMUSEMENT RIDES AT WAR MEMORIAL PARK FOR A PERIOD OF FIVE YEARS; AND,FOR OTHER PURPOSES; with the Resolution being read in full. A brief Discussion followed in which City Manager Mahlon Martin advised that Mr. Doyle O'Kelley, the Lessee, carries $1,000,000 liability insurance on the amusement rides at War Memorial Park. The further advised !11111 Iill'�i �I 432 I NOVEMBER 4, 1980, Cont'd. i ii that a police person is assigned to the Zoo, Swimming Pool and Amusement Area, but I� can be called to another location if the need arises. Upon question by Director Langston, City Manager Martin said that a security officer is not included in the 441 lease agreement. A Motion was then made by Director Langston, seconded by Director �I I Keith, to "defer action on the proposed Resolution for two weeks." A roll call was taken which adopted the Motion as follows: Ayes - Directors Keith, Langston, Bussey and Mayor Hubbell - total 4; Noes - Directors Shackelford and Jones - total 2; Absent - Director Morse - total 1. After the roll call, Mayor Hubbell stated that if there is an urgency in the extension of the lease agreement, the Board of Directors I will be meeting on Thursday, November 6, 1980 and can consider the matter at that `1 time. Therefore, he requested that the.Board recess -rathet "than'adjourn. �! The last matter to be considered was Resolution No. 6,466, containing the following caption: A RESOLUTION AUTHORIZING THE CONTINUANCE OF THE CONTRACT ENTERED INTO BY THE CITY OF LITTLE ROCK AND THE 4TH PARTY, INC. FOR THE COMPLETION OF PHASE II OF THE I' DESIGN FOR ADVANCED LIFE SUPPORT IN THE CITY OF LITTLE ROCK, ARKANSAS, AND ACCEPTING PLAN I OF THE RECOMMENDATION OF THE EMERGENCY MEDICAL SERVICE TECHNICAL ADVISORY COMMITTEE; AND FOR OTHER PURPOSES; with the Resolution being read in full; and thereafter adopted by motion of Director Shackelford, seconded by Director Jones, and the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Morse - 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 Langston, and by unanimous vote of the Board Members present, the meeting was recessed at 7:30 o'clock i1 P. M. to reconvene at 9:30 o'clock A. M. on Thursday, November 6, 1980 for the purpose of considering a proposed Resolution to extend the lease agreement for amusement rides iat War Memorial Park. ATTEST: (`Ei APPROVED: ���� / �I City Clerk Mayor Li �I III l f.,I Board of Directors Chamber Little Rock, Arkansas November 6, 1980 - 9:30 A. M. The Board of Directors of the City of Little Rock, Arkansas met in reconvened session from November 4, 1980 with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors were present: Directors Keith, Langston, Bussey,',Shackelford and Jones - total S; Absent - Director Morse - total 1. Mayor Hubbell announced that a quorum was present, but no action would be taken at this time on the lease agreement on amusement rides at War Memorial Park. 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 Langston, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:35 o'clock A. M. to meet again in regular session on Tuesday, November 18, 1980 at 7:30 o'clock P. M. ATTEST: City Clerk APPROVED: 4341" a I Board of Directors Chamber Little Rock, Arkansas November 18, 1980 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session G with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared to be present and the meeting proceeded as herein recorded. The Invocation was given by Mayor Hubbell. jThe first official business was the declaration of a public hearing by Mayor i I i Hubbell on use of Revenue Sharing Funds to be budgeted during 1981. Notice of Public Hearing had been duly published on November 8, 1980. There was no one present to j speak either for against the matter and Mayor Hubbell declared the public hearing ii closed. The Consent Agenda was then presented consisting of the following items; (a) The Minutes of the previous meeting held November 4, 1980 and the reconvened meeting held November 6, 1980. (b) The Comparative Statement of Income Account of the Little Rock Municipal I Water Works for the month of September, 1980. (c) The Report of the Community Development Block Grant Audit dated June 30, 1980. (d) A Motion to set the date for public hearing on December 5, 1980 at 10:00 A. MII on the petition from property owners for formation of a recreational improve - �I ment district in Pebble Beach Park Addition. I (e) Resolution No. 6,467, entitled: A RESOLUTION AUTHORIZING THE EXECUTION OF EASEMENTS FOR THE USE AND j I BENEFIT OF THE LITTLE ROCK MUNICIPAL WATER WORKS. By a Motion from Director Morse, seconded by Director Bussey, 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 of the Little Rock Municipal Water Works was received and filed; (c) The Audit of the Community Development Block Grant was received I! and filed; (d) Motion was made and adopted to set the hearing on December 5, 1980 at i 10:00 A. M. on the formation of the improvement district; and (e) Resolution No. 6,467 was read in full and adopted by the following roll call vote: .Ayes - Directors Keith, I� + Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes None; Absent - None. A Public Hearing had been designated for this time and place on an amendment to jthe Suburban Development Plan Map, adopted September 24, 1980. The amendment would delete the attached single family use along Hinson Loop Road, and show suburban office use along the west side of Hinson Loop Road for a depth of approximately 240 feet. '. Mayor Hubbell declared the Public Hearing open and invited those wishing to speak to do so. No one was present to address the issue and Mayor Hubbell declared the Public Hearing closed and the proposed Ordinance to amend the Suburban Development Plan Map , was placed on first reading, with the title being: IIAN li ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN MAP, ADOPTED BY ORDINANCE NO. 13,874 ON SEPTEMBER 24, 1980; AND FOR OTHER PURPOSES; I, which Ordinance was read the first time. A motion followed from Director Bussey, III i NOVEMBER 18,1980, Cont'd. seconded by Director Morse, 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 presen 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. It was the wishes of Director Jones that more information be obtained regarding uses at this location and there was no motion for further suspension of the rules. Therefore, the proposed Ordinance remained on the calendar for third and final reading. A Public Hearing had been scheduled for this time and place to hear arguments on an Appeal of the Planning Commission's denial on September 30, 1980 of Zoning Petition Z -3537, submitted by Mr. Peyton E. Rice, the owner, requesting the rezoning of property located at 2009 Kavanaugh Boulevard, described as the West 98 ft. of Lot 1, Block 1, Pulaski Heights Addition to the City of Little Rock, from "R -3" Single - family District to "R -5" Urban Residence. The Public Hearing was declared to be open and with no one in attendance opposing the rezoning or wishing to speak, Mayor Hubbell declared the Public Hearing closed. The proposed Ordinance to reclassify the property was then placed on first reading. Presented at this time was Ordinance No. 13,907, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 2009 KAVANAUGH IN THE CITY OF LI7 ROCK, ARKANSAS, AMENDING SECTION 43 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 Morse to suspend the rules and place the Ordinance on its second reading. The motion was second by Director Langston 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 followed by a 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 Morse and 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. The years, voiced opposition. Mr. Richard C. Butler, Jr. representing fifty -two property 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7 Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A Public Hearing had been scheduled for this time and place on an Appeal of the Planning Commission's denial on September 30, 1980 of Zoning Petition Z -3540, submitted by Bernard M. Henry, requesting the rezoning of approximately 18.3 acres west of Asher Avenue on the north side of Colonel Glenn Road (long legal description), from "R -2" Single - family to "MF -18" Multi - family and "C -1" Neighborhood Commercial District. Mayor Hubbell declared the Public Hearing open and Mr. Bernard Henry, the applicant, was the first speaker. He told the Board of Directors that the property is not feasibl for single - family use. In discussion, Mr. Henry advised that the property is not located in the floodplain; and, when questioned by Mayor Hubbell if he could accept the Staff recommendations (Sz be zoned "MF -18" and the N� remain "R -2 "), he replied that he could "waive the commercial end of it." Mr. James Larrison, an appraiser, who owns an undivided interest in property across the street from the subject property, agreed with Mr. Henry that the property cannot be used for single - family and had no objections to the proposed development. Mr. Lynn B. Miles, a property owner in the area for twent years, voiced opposition. Mr. Richard C. Butler, Jr. representing fifty -two property NOVEMBER 18, 1980, Cont'd. owners in the vicinity opposed the proposed development, as did Mrs. Beatrice Wawak. At this point, Mr. Richard Wood of the Comprehensive Planning Staff stated there are right -of -way issues involved in the proposal and to date, a letter of intent to dedicate same has not been received. There was no further discussion, Mayor Hubbell declared III the Public Hearing closed and the proposed Ordinance to rezone the property was present- ed for consideration, entitled: AN ORDINANCE RECLASSIFYING 18.3 ACRES WEST OF ASHER AVENUE ON THE NORTH SIDE OF COLONEL GLENN ROAD, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTL ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and the Ordinance was read the first time. Mayor Hubbell made a motion, seconded by Director Morse, that the Ordinance be amended to rezone the Southern half of the property to "MF -18" Multi- family*District and the Norther half remain "R -2" Single - family District. A roll call was taken on the motion to amend with the resulting vote recorded as follows: Ayes - Directors Keith, Morse, Bussey, Shackelford, Mayor Hubbel and Director Jones - total 6; Noes - None; Abstaining - Director Langston - total 1; Absent - None. With the Motion having been adopted, there was a subsequent motion from Director Bussey, seconded by Director Morse, to suspend the rules and place the Ordi- nance, °.as amended, on its second 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. The Ordinance, as amended, was read the second time followed by a motion that the rules again be suspended to allow fo the third and final reading of the Ordinance at this time; with the motion being made by Director Morse and 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. The Ordinance, as amended, was then read the third and last time. Before the vote was taken on the passage of the Ordinance, Mr. Henry advise the Board of Directors that he would not be amenable to the amended zoning classificati A roll call was then taken on the question, Shall the Ordinance Pass, with the response recorded as follows: Ayes - None; Noes - Directors Keith, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Abstaining - Director Langston - total 1; Absent - None. It was announced that the Ordinance had FAILED of passage. A Public Hearing had been scheduled and duly advertised for this time and place by the Board of Directors on the proposal by Louis Schickel of the Pleasant Ridge Development Company, to rezone property lying at the intersection of Arkansas Highway 10 and Fairview Road (long legal description) in the City of Little Rock, Arkansas, from "C -3" General Commercial, "0-3" General Office and "C -2" Shopping Center Districts Mayor Hubbell announced that the public hearing was open and Mr. Chris Barrier, Attorne for the developer, presented a drawing of the proposed development and requested approv of the requested zoning. There were no others present desiring to be heard on the matter and the Public Hearing was declared closed. An Ordinance, No. 13,908, to rezone the property was then introduced and contained the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LYING AT THE INTERSECTION OF ARKANSAS HIGHWAY NO. 10 AND FAIRVIEW ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 a motion from Director Langston,, seconded by Mayor Hubbell, to amend the Ordinance to "reclassify the tract east of Fai view Road "C -1" Neighborhood Commercial, the tract west "C -2" Shopping Center District, NOVEMBER 18, 1980, Cont'd. IIIII�I was declared PASSED. Director Bussey was excused. Ordinance No. 13,909 was presented for consideration, with the title being: AN ORDINANCE REPEALING THE LAST CLAUSE OF THE LAST SENTENCE OF SECTION 7- 105.4(d) OF CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO THE SETBACK FOR BUILDINGS OR STRUCTURES IN THE FLOODPLAIN DISTRICT; AND FOR OTHER PURPOSES; and the third and final reading of the Ordinance ensued, with the first and second readings having occurred on November 4, 1980. A roll call vote on the question, Shall the Ordinance Pass, received the following response: Ayes - Directors Keith, Langston, Morse and Mayor Hubbell - total 4; Noes - Directors Shackelford and Jones - total 2; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared to have PASSED. The following Zoning Applications were presented next, as approved by the Planning Commission: Z- 3447 -A - By City of Little Rock, title to property vested in Mrs. Christian Finkbeiner, to rezone Lot 12, Block 22, Pulaski Heights Addition (4523 Woodlawn), from "C -1" Neighborhood Commercial District to "R -2" Single - family District. Z -3567 - From W. P. Hamilton, Attorney for Exxon Corporation, to rezone 1.9 acre on I -30 and Mabelvale West Road (long legal description), from "R -2" Single - family District to "C -4" Open Display District. Z -3568 - From W. P. Hamilton, Attorney for Archie B. and Eloise Hogue, to rezone 8025 New Benton Highway (long legal description), from "R -2" Single - family District to "C -4" Open Display District. Z -3577 - From Two States Construction Company to rezone Tract 2, Kingsrow Additi I from "R -5" Urban Residence District to "OS" Open Space District. As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first readin was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, (See Ordinance Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent 13,910 None. A subsequent motion followed from Director Langston and seconded by Director follows) Shackelford, to suspend the rules and place the Ordinance, as amended, on second readin The motion was adopted by unanimous vote of the members of the Board of Directors prese No. being seven in number and two- thirds or more of the members of the Board of Director - was elect. The Ordinance, as amended, was then read the second time followed by a motion that the rules again be suspended to permit the third and final reading of the ordi- nance; with the motion being made by Director Jones and seconded by Director Shackel- ford, 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, as amended, was then read the third and last time 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance IIIII�I was declared PASSED. Director Bussey was excused. Ordinance No. 13,909 was presented for consideration, with the title being: AN ORDINANCE REPEALING THE LAST CLAUSE OF THE LAST SENTENCE OF SECTION 7- 105.4(d) OF CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO THE SETBACK FOR BUILDINGS OR STRUCTURES IN THE FLOODPLAIN DISTRICT; AND FOR OTHER PURPOSES; and the third and final reading of the Ordinance ensued, with the first and second readings having occurred on November 4, 1980. A roll call vote on the question, Shall the Ordinance Pass, received the following response: Ayes - Directors Keith, Langston, Morse and Mayor Hubbell - total 4; Noes - Directors Shackelford and Jones - total 2; Absent - Director Bussey - total 1. Therefore, the Ordinance was declared to have PASSED. The following Zoning Applications were presented next, as approved by the Planning Commission: Z- 3447 -A - By City of Little Rock, title to property vested in Mrs. Christian Finkbeiner, to rezone Lot 12, Block 22, Pulaski Heights Addition (4523 Woodlawn), from "C -1" Neighborhood Commercial District to "R -2" Single - family District. Z -3567 - From W. P. Hamilton, Attorney for Exxon Corporation, to rezone 1.9 acre on I -30 and Mabelvale West Road (long legal description), from "R -2" Single - family District to "C -4" Open Display District. Z -3568 - From W. P. Hamilton, Attorney for Archie B. and Eloise Hogue, to rezone 8025 New Benton Highway (long legal description), from "R -2" Single - family District to "C -4" Open Display District. Z -3577 - From Two States Construction Company to rezone Tract 2, Kingsrow Additi I from "R -5" Urban Residence District to "OS" Open Space District. As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first readin AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 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 a motion by Director Morse, , (See Ordinance No. 13,910 as follows) Ordinance No. 13,910 was presented, containing the following title: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 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 a motion by Director Morse, , i '1438 NOVEMBER 18, 1980, Coht'd. i {1` seconded by Director Jones, 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 - �I elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Keith, to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Morse, 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 final read - i I I ing of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Morse, Shackel- ford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director i Bussey - total 1. It was announced that the Ordinance had PASSED. ji Zoning Application Z -3571, from Ralph Bozeman for B. G. Coney, to rezone Block 15, I I Pope's Addition to the City of Little Rock, Arkansas from "HR" High Density Residential I District to a "Planned Development" in "HR" District for construction of forty -three residential units was the next presentation. The application received approval of the 11 Planning Commission, there was no opposition or discussion, and an Ordinance granting II approval of the Planned Development in the "HR" District was placed on first reading. (See Ordinance No. 13,911 below) Introduced was Ordinance No. 13,911, entitled: AN ORDINANCE GRANTING APPROVAL OF A PLANNED DEVELOPMENT IN THE "HR" HIGH DENSITY RESIDENTIAL DISTRICT LOCATED IN BLOCK 15, POPE'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS, SETTING FORTH THE CONDITIONS ATTACHED THERETO 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 from Director Morse, seconded by I 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 subsequent motion made by Director Keith, seconded by Director Morse, 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 Ordinance was then read the third and last time, i followed b and No Vote taken on the y an Aye y passage of the Ordinance with the response being: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director I Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. I Director Bussey was re- enrolled. Presented next was Zoning Application Z -3503, from Stanley M. and Elizabeth D. Gray, to rezone the Eh NEk NEk, Section 24, T -2 -N, R -14 -W, Pulaski County, Arkansas I� (8.8 acres on Highway 10 near Rummel Road) from "R -2" Single - family to "AF" Agriculture i & Forestry District, which had received the approval of the Planning Commission. No �I opposition was presented to the proposal and Ordinance No. 13,912 was presented, with i the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON HIGHWAY #10 NEAR RUMMEL ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CIT, OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; yand 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 NOVEMBER 18, 1980, Cont'd. Director Shackelford, 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- and the Ordinance be placed on its third and final reading. The motion was 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 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Zoning Petition Z -3545 was presented at this time, from Missouri Pacific Railroad Company by Mr. Wm. L. Terry, Attorney, to rezone 264 acres (long legal description) on Alexander and Sardis Roads in the City of Little Rock, Arkansas from "R -2" Single- family District to "I -1" Industrial Park and "I -3" Heavy Industrial District, as appro by the Planning Commission. Mr. William L. Terry presented the proposal, requested ' approval by the Board of Directors, and introduced Mr. Edward Ewbank of St. Louis, an official of Missouri Pacific Railroad Company who was present to answer any questions. Mr. Terry explained the proposed four locations for ingress and egress to the property. Mr. John Plegge, Attorney for 168 property owners in the area described the tract as beautiful, rolling land with some homes in the vicinity valued at $250,000. He voiced strong opposition to the reclassification of the property, stating it would be a beautiful location for single - family residences. There was no further discussion and an Ordinance to reclassify the property was placed on first reading. (See Ordinance No. 13,913 as follows) Ordinance No. 13,913 was presented, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON ALEXANDER AND SARDIS ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; with the Ordinance being read the first time. A motion was made by Director Keith, seconded by Director Langston, to "require two entrances to the property; one ingress and egress on the east side and one ingress and egress on the west side of the tract." A roll call was taken on the motion and recorded as follows: Ayes - Directors Keith, Langston and Bussey - total 3; Noes - Directors Morse, Shackelford, Mayor Hubbell and Director Jones - total 4; Absent - None. With the motion having failed, a subsequent motion was made by Director Bussey, seconded by Director Shackelford, 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 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 for a further suspension of the rules to provide for the third and final reading of the Ordinance at this time, wit the motion again made by Director Bussey, seconded by Director Shackelford, and submitt to a roll call vote on the question, Shall the Ordinance Pass. The results of the roll call being: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbel and Director Jones - total 7; Noes - None; Absent - None. Mayor Hubbell announced that the Ordinance had PASSED. Presented at this time was Zoning Petition Z -3550 from Nolan L. Rushing, Agent, Barnes, Quinn, Flake & Anderson for W. Holmes Shaver and Adrian Vernon Criss Trust, to elect. The Ordinance was read the second time; after which a subsequent motion from ' Illlul IIDirector Shackelford, seconded by Director Morse, that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was 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 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Zoning Petition Z -3545 was presented at this time, from Missouri Pacific Railroad Company by Mr. Wm. L. Terry, Attorney, to rezone 264 acres (long legal description) on Alexander and Sardis Roads in the City of Little Rock, Arkansas from "R -2" Single- family District to "I -1" Industrial Park and "I -3" Heavy Industrial District, as appro by the Planning Commission. Mr. William L. Terry presented the proposal, requested ' approval by the Board of Directors, and introduced Mr. Edward Ewbank of St. Louis, an official of Missouri Pacific Railroad Company who was present to answer any questions. Mr. Terry explained the proposed four locations for ingress and egress to the property. Mr. John Plegge, Attorney for 168 property owners in the area described the tract as beautiful, rolling land with some homes in the vicinity valued at $250,000. He voiced strong opposition to the reclassification of the property, stating it would be a beautiful location for single - family residences. There was no further discussion and an Ordinance to reclassify the property was placed on first reading. (See Ordinance No. 13,913 as follows) Ordinance No. 13,913 was presented, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON ALEXANDER AND SARDIS ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; with the Ordinance being read the first time. A motion was made by Director Keith, seconded by Director Langston, to "require two entrances to the property; one ingress and egress on the east side and one ingress and egress on the west side of the tract." A roll call was taken on the motion and recorded as follows: Ayes - Directors Keith, Langston and Bussey - total 3; Noes - Directors Morse, Shackelford, Mayor Hubbell and Director Jones - total 4; Absent - None. With the motion having failed, a subsequent motion was made by Director Bussey, seconded by Director Shackelford, 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 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 for a further suspension of the rules to provide for the third and final reading of the Ordinance at this time, wit the motion again made by Director Bussey, seconded by Director Shackelford, and submitt to a roll call vote on the question, Shall the Ordinance Pass. The results of the roll call being: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbel and Director Jones - total 7; Noes - None; Absent - None. Mayor Hubbell announced that the Ordinance had PASSED. Presented at this time was Zoning Petition Z -3550 from Nolan L. Rushing, Agent, Barnes, Quinn, Flake & Anderson for W. Holmes Shaver and Adrian Vernon Criss Trust, to 440 IIII NOVEMBER 18, 1980, Cont'd. Ij rezone 3.73 acres on Cunningham Lake Road (long legal description), behind Harry's Market on West Markham Street, from "R -2" Single - family District to "C -3" General I Y Commercial District, as approved by the Planning Commission. Mr. C. V. Barnes speaking for the developers, presented the proposal and advised that he is willing to deliver the 25 ft. right -of -way if the zoning is approved. He also stated he would agree to III an amendment to reclassify the North 240 ft. and the West 40 ft. of the property "C -3" I General Commercial with the balance of the tract on the East to remain "R -2" Single- family. Mr. Bruce Wilson who plans to construct a skating rink on the site explained the planned construction stating the closest part of the building will be 300 feet from the nearest residence; adding that a privacy fence would be provided. Mr. John Ward, Attorney for a large delegation of property owners in the adjacent area voiced strong opposition to the proposed rezoning. Mr. Ron Welsh, Manager of the Skaggs -Alpha Beta Store at 8415 West Markham Street opposed the layout of the proposed skating rink park- ing lot, stating it would biring additional traffic through the Skaggs parking lot. Mr. Jerry McColgan of 8604 Woodridge Drive, Sherwood, advised the problems that arise ,I t, when one's property abuts a skating rink which included bright lights, loud music, theft of property, obscene language, etc. Mr. Lynn Ross, 418 Carpenter Drive and Mary , Carroll, 300 Brookpark Drive opposed the skating rink. There was no further discussion and a proposed Ordinance to rezone the property was introduced, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY ON CUNNINGHAM LAKE ROAD BEHIND HARRY'S I MARKET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; I i and there was a first reading of the Ordinance. A motion was then made by Director Keith to amend the Ordinance to rezone the property to "•'C 7,1' Neighborhood Commercial I I District, with Site Plan Review." The motion was seconded by Director Jones and the i results of the roll call vote are recorded as follows: Ayes - Directors Keith and Jones - total 2; Noes - Directors Morse, Bussey, Shackelford and Mayor Hubbell - total 4; Abstaining - Director Langston - total 1; Absent - None. With the motion failing, a subsequent motion was made and seconded by Director Morse and Mayor Hubbell, respective ly, "that only the North 240 ft. and the West 40 ft. of the property be zoned 'C -3' General Commercial District." A roll call on the motion received the following results: Ayes - Director Morse and Mayor Hubbell - total 2; Noes - Directors Keith, Bussey, Shackelford and Jones - total 4; Abstaining - Director Langston - total 1; Absent - None. With both motions having failed, a motion was then made by Director Morse, which ,1 i was seconded by Director Keith, that the rules be suspended and the Ordinance be placed yI I 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 subsequently read the second time, result- ing in a motion made by Director Shackelford for a further suspension of the rules to fallow i for the third and final reading of the Ordinance. The motion was seconded by Director Morse, 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; with the results 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, with the calculation recorded as follows: Ayes - None; Noes - Directors Keith, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Abstaining - Director Langston - total 1; Absent - None. Therefore, the Ordinance FAILED to be passed. J II NOVEMBER 18, 1980, Cont'd. Presented at this time was Zoning Petition Z -3555, from Charles and Cecilia Clifton, to rezone approximately one acre on the Northwest Corner of Hinson Loop and Rainwood Roads, from "R -2" Single - family District to "0-3" General Office District, as approved by the Planning Commission. Upon question by Director Jones, Mr. Clifton advised that he plans to construct a office building at this location and will occupy a portion of the building. He agreed to dedicate the needed 47 feet for right -of -way required on Hinson Loop Road. There was no further discussion and Ordinance No. 13,914 was presented containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE NORTHWEST CORNER OF HINSON LOOP ROAD AND RAINWOOD ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 from Director Morse, 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, after which there was a subsequent motion again made by Director Morse, seconded by Director Keith, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a un- animous vote of the Board Members present, being seven in number and two - thirds or m 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Zoning Petition Z -3564 from Ms. Elizabeth Pelton and Mrs. S. B. Mathis to rezone 5801 and 5805 "B" Street, described as Lots 12 and 13, Block 1, Orlando Heights Addit to the City of Little Rock, Arkansas from "R -3" Single - family to "0-1" Quiet Office District was the next presentation. The application received approval of the Little Rock Planning Commission on October 28, 1980. No opposition was presented and Ordinan I I No. 13,915 was placed on first reading, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 5801 AND 5805 "B" STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; and the Ordinance was read the first time, followed by a motion from Director Bussey t suspend the rules and place the Ordinance on its second reading. The motion was secon ed by Mayor Hubbell 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 Director Keith and seconded by Director Shackelford, 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jone total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. INDirector Keith was excused. The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure: M44 r NOVEMBER 18, 1980, Cont'd. Z- 3557- From Frank Dussex for Markham Inn, Inc. to rezone Lots 1, 2, 3, 4, 5, 7, I 15 & 16, Block 7, Pfeifer Addition to the City of Little Rock, Arkansas from "0-3" '{{ �I General Office to "C -3" General Commercial District. jI Z -3562 - From Buster Riley for the City of Little Rock, to rezone Lot 1, South Cross Street Addition to the City of Little Rock, Arkansas, from "C -3" General Commerci 1 to "R -3" Single - family District. I) I Z-3566.- From J. R. Ferrell for Gulf Oil Company, et al, to rezone five various locations (long legal descriptions) from "C -3" General Commercial to "C -4" Open Display District. it Z -3570 - From Mike Coulson for Coulson Oil, et al, to rezone seven various locations '(long legal descriptions) from "C -3" General Commercial to "C -4" Open IN I" Display District. I Z -3575 - From Jim Huff for Leon Downen, to rezone 9005 Asher Avenue, described I as part of Lot 3 and part of W82.1 ft. of Lot 4, Block 5, Westwood Addition and Lots 13 and 14, Block 6, Euclid Place Addition to the City of Little Rock, Arkansas, being i in Section 23, T -1 -N, R -13 -W, Pulaski County, Arkansas, from "C -3" General Commercial District to "C -4" Open Display District. i , There was no discussion regarding the Conversion Adjustments and Ordinance No. 13,916 was presented, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 from Director ` Morse, seconded by Director Bussey, that the rules be suspended and the Ordinance be it 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 Ordinance ensued. I + 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 ,I Morse, again 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, 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 Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - �I Director Keith - total 1. The Ordinance was then declared PASSED. Director Keith was re- enrolled. Ordinance No. 13,917 was presented next, containing the following caption: AN ORDINANCE APPROPRIATING $40,000 FROM THE UNEXPENDED BALANCE OF THE GENERAL FUND FOR CONSTRUCTION OF A PISTOL /RIFLE RANGE; AND FOR OTHER PURPOSES; ($30,000 for purchase of land; $10,000 for plans and specifications) and the Ordinance was read the third and last time. The first and second readings occurred on September 16, 1980 and October 7, 1980, respectively. Strong opposition had previously been presented from residents in the England Acres Subdivision near the it �I proposed site for the new pistol /rifle range. Again, several residents were present to speak in opposition. Mr. Donald W. Stuart of 9808 Dobby Drive requested that the improvements be made at the old site; Mr. David R. Townson, Jr. stated that his basic 4 reason in opposing the project is due to increase of traffic. Rev. James Vault was 443 NOVEMBER 18, 1980, Cont d. { opposed to bringing a nuisance into the county area. Mr. Mahlon A. Martin, City 1, i Manager advised the Board of Directors that the Police Department is no longer using i the existing site because of safety problems. It was his opinion that the proposed I ' site is the more feasible than any other possible locations. Upon question by Director` Jones, Police Chief Simpson stated that the distance to Camp Robinson Range is eight Ali or nine miles, and to the new site seven or eight miles. Director Jones commented that lI she had never gone on record as feeling the need for a new range. Director Shackelford, A suggested input from other agencies and Chief Simpson advised that he has a verbal �I i! commitment for assistance in construction. There was no further discussion and a roll �II call was taken on the question, Shall the Ordinance Pass, and the vote is herein recorded as follows: Ayes - Directors Keith, Langston, Morse, Bussey and Mayor Hubbelli= total 5; Noes - Directors Shackelford and Jones - total 2; Absent - None. Therefore, the Ordinance was declared PASSED. Ordinance No. 13,918 was presented, entitled: AN ORDINANCE LEVYING A PRIVILEGE TAX UPON THE LITTLE ROCK MUNICIPAL WATER WORKS; AUTHORIZING PASSING ON SAID TAX TO RESIDENT WATER CONSUMERS; AND DECLARING AN EMERGENCY1 and after a first reading of the Ordinance, there was a motion by Director Bussey, seconded by Director Jones, to suspend the rules and place the Ordinance on second I reading. The motion was unanimously adopted by members of the Board of Directors I, I present, being seven in number and two - thirds or more of the members of the Board of f Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Morse to suspend the rules and place the Ordinance on third and final reading; which motion 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 - I, thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the pass- age of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Morse, 1! Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. The Emergency Section contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. Three Ordinances had been placed on the Official Agenda to levy privilege taxes to be paid by Arkansas Louisiana Gas Company, Southwestern Bell Telephone Company and III I Arkansas Power & Light Company for the year 1981, but Mayor Hubbell requested that the�l,' Ordinances be deferred for two weeks, and no action was taken. �! Introduced at this time was Ordinance No. 13,919, with the title being: AN ORDINANCE PROVIDING FOR AMENDMENT OF ORDINANCES NUMBERED 13,741 AND 13,174, l FIXING FILING FEES FOR VARIOUS CITY SERVICES; AND FOR OTHER PURPOSES; II (Rezoning application fees; Site Plan Review; Conditional Use Permits; Preliminary and i Final Plat Fees) ' and there was a first reading of the Ordinance. A motion followed from Director Bussey which was seconded by Director Jones, that the rules be suspended and the Ordinance bell•,� placed 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 Ili I of the Board of Directors - elect. The Ordinance was subsequently read the second time,�i'� 444' N - I I NOVEMBER 181 1980, Cont'd. resulting in a motion made by Director Morse and seconded by Director Bussey, for a further suspension of the rules to allow for the third and final reading of the ordi- nance. The motion was unanimously adopted by voice vote of the members of the Board of Directors present, being seven in number and two- thirds or more of the members of , I 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 ordi- nance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent 'f None. The Ordinance was then declared PASSED. I� The next presentation was Resolution No. 6,468, described as: 4 A RESOLUTION ESTABLISHING FEES FOR GOLF COURSES; AND FOR OTHER PURPOSES; A itand the Resolution was read in its entirety. A motion was then made by Director �i Morse, seconded by Director Bussey, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Langston, Morse, iiBussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. Presented for consideration was Resolution No. 6,469, with the title being: , A RESOLUTION ESTABLISHING FEES FOR THE USE OF TENNIS CENTERS; and there was a complete reading of the Resolution after which a motion by Director Morse, seconded by Director Bussey, resulted in a roll call vote which adopted the kResolution by the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - I None. Introduced at this time was Ordinance No. 13,920, entitled: 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 ORDINANCES PROVISIONS IN CONFLICT HEREWITH; AND FOR OTHER III' PURPOSES; Ij I with the Ordinance being read the first time; followed by a motion from Director Bussey that the rules be suspended to allow for the second reading of the Ordinance. The motion was seconded by Director Jones, 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 by Director Morse, seconded by Director Bussey, that the rules be suspended and the Ordinance be placed on third and final reading; with the motion being I 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 third and last time, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the responding vote being: Ayes - Directors II� II Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7 Noes - None; Absent - None. It was announced that the Ordinance had PASSED. There was presented Ordinance No. 13,921, with the title being: AN ORDINANCE AMENDING SECTIONS 13 -15(a) AND 13 -15(b) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS TO INCREASE BURGLAR AND FIRE ALARM SERVICE ' CHARGES; AND FOR OTHER PURPOSES; I with the Ordinance being read the first time; after which there was a motion by Director Bussey, for a suspension of the rules and the placing of the Ordinance on I it second reading. The motion was seconded by Director Jones, and unanimously adopted by IL MR 1 NOVEMBER 18, 1980, Cont'd. n u members of the Board of Directors present, being seven in number and two - thirds or morel . of the members of the Board of Directors - elect. A second reading of the Ordinance followed, with a motion thereafter being made by Director Morse, seconded by Director Bussey, to suspend the rules and place the Ordinance on third and final reading. With the motion having been unanimously adopted by members of the Board of Directors presen 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. The resulting Aye and No Vote taken on the passage of the Ordinance is herein recorded as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total Noes - None; Absent - None. An announcement was made that the Ordinance had PASSED. Ordinance No. 13,922 was presented, described as: AN ORDINANCE AMENDING SECTIONS 15 -1(1), 15 -1(2), AND 15 -1(4) TO INCREASE GARBAGE COLLECTION FEES; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Bussey, which was seconded by Director Jones, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion made by Director Morse for a further suspension of the rules to allow for the third and final reading of the Ordinance. Th motion was seconded by Director Bussey, 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; with the outcome being a third and last read- ing 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, Langston Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next matter to be presented was Ordinance No. 13,923, containing the fol title: AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF TEMPORARY AIRPORT REVENUE BONDS AUTHORIZING THE REOFFERING FOR PUBLIC SALE OF AIRPORT REVENUE BONDS PREVIOUSLY AUTHOR- IZED; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; ($600,000) and after a first reading of the Ordinance, there was a motion by Director Keith, seconded by Director Shackelford, to suspend the rules and place the Ordinance on seco 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; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Keith to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Morse, and adopted by unanimo 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the pass- ' age of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Morse Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 16 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, i 4�® NOVEMBER 18, 1980, Cont'd. Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance, together with the Emergency Section was yj declared PASSED. Ordinance No. 13,924 was introduced, described as: , I, i AN ORDINANCE AMENDING SECTION 13 -28(c) OF THE CODE OF ORDINANCES OF THE CITY OF i LITTLE ROCK, ARKANSAS; DELETING A PORTION OF ASHER AVENUE AS A FIRE DISTRICT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; I 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 Keith, seconded by Director Langston, 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 I was a second reading of the Ordinance, after which there was a subsequent motion made I by Director Keith, seconded by Director Morse, to again suspend the rules and place the S Ordinance on its third and final reading. The motion was adopted by a unanimous vote ,I of the Board Members present, being seven in number and two - thirds or more of the member• 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then II it read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was then declared that the Ordinance, together with the Emergency 'I II Section, had been PASSED. Resolution No. 6,470 was the next presentation described as: A RESOLUTION AUTHORIZING THE EXTENSION OF THE LEASE FOR AMUSEMENT RIDES AT WAR MEMORIAL PARK FOR A PERIOD OF FIVE YEARS; AND FOR OTHER PURPOSES; (Lease with Doyle O'Kelley) and the Resolution was again read completely, having been delayed on November 4, 1980. There was a motion by Director Bussey, seconded by Director Shackelford, for adoption 'I of the Resolution. A roll call was taken and the Resolution was subsequently adopted III as herein described: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, lMayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Ordinance No. 13,925 was presented, entitled: AN ORDINANCE AMENDING SECTION 39- 105(d)(11) OF THE CODE OF ORDINANCES OF,THE CITY i+ OF LITTLE ROCK, ARKANSAS: ELIMINATING FREE PARKING DURING THE CHRISTMAS SEASON EXCEPT I I ii ON CHRISTMAS DAY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion followed from Director Keith, which was seconded by Director Langston, that the rules be suspended and the Ordinance jbe placed on second reading; with the motion being unanimously adopted by members of the kBoard 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 second time, resulting in a motion made by Director Keith and seconded by Director Morse, for a ' further suspension of the rules to allow for the third and final reading of the Ordi- , I motion was unanimous) adopted b voice vote of the members of the Board of nance. The Y P Y j Directors present, being seven in number and two - thirds or more of the members of the I Board of Directors - elect; with the outcome being a third and last reading of the Ordi- nance. There was an Aye and No Vote then taken on the question, Shall the Ordinance NOVEMBER 18, 1980, Cont'd. Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 2 of the foregoing Ordinance was then ree and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance and Emergency Section were declared PASSED. The next presentation was Ordinance No. 13,926, with the title being: 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 NECESSAR TO RAZE AND DEMOLISH SAID BUILDINGS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time; followed by a motion from Director Bussey that the rules be suspended to allow for the second reading of the Ordinance. The moti was seconded by Director Morse, 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 sub- sequent motion again made by Director Bussey, seconded by Director Langston, that the ' rules be suspended and the Ordinance be placed on third and final reading; with the motion being unanimously adopted by members of the Board of Directors present, being i 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 taken on the question, Shall the Ordinance Pass, with the responding vote being: Ayes Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones total 7; Noes - None; Absent - None. There was a reading of the Emergency Clause contained in Section 5 of the fore- going Ordinance which was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7 Noes - None; Absent - None. Therefore, the Ordinance and Emergency Clause were declared PASSED. Introduced at this time was Ordinance No. 13,927, containing the following title: EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A brief discussion evolved in which City Manager Mahlon Martin advised that recommendations changing the State Act to relieve restrictions on this service will be included in the legislative package; adding, "if successful, we hope to rotate the business." Until then, he recommended extension of the franchise. A motion followed from Director Morse "that the franchise be re -bid on April 1, 1981." The motion was seconded by Director Langston and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. There was an ensuing motion from Director Morse that the rules be suspended and the Ordinance, as amended, be placed on second reading. The motion was seconded by Director Jones 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 by Mayor Hubbell, seconded by Director Bussey, that the rules be again suspended and the Ordinance be placed on third and final 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 J AN ORDINANCE AUTHORIZING THE EXTENSION OF THE WRECKER SERVICE FRANCHISE FOR WRECKER SERVICE WITHIN THE CITY OF LITTLE ROCK UNTIL APRIL 1, 1981; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A brief discussion evolved in which City Manager Mahlon Martin advised that recommendations changing the State Act to relieve restrictions on this service will be included in the legislative package; adding, "if successful, we hope to rotate the business." Until then, he recommended extension of the franchise. A motion followed from Director Morse "that the franchise be re -bid on April 1, 1981." The motion was seconded by Director Langston and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. There was an ensuing motion from Director Morse that the rules be suspended and the Ordinance, as amended, be placed on second reading. The motion was seconded by Director Jones 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 by Mayor Hubbell, seconded by Director Bussey, that the rules be again suspended and the Ordinance be placed on third and final 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 J NOVEMBER 18, 1980, Cont'd. 1111111 1 Board of Directors - elect. The Ordinance was then read the third and last time, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the respondll ing vote being: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - 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 vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section was declared PASSED. Considered at this time was Resolution No. 6,471, with the title being: A RESOLUTION REAPPOINTING MR. LOU B. HOFFMAN TO THE LITTLE ROCK HOUSING AUTHORITY FOR A TERM EXPIRING ON OCTOBER 15, 1985; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Bussey, seconded by Director Shackelford, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Under "J" Citizen Communications, Mr. Joseph H. Sims, III of 2008 Madison Street , was the first speaker. Mr. Sims represented an organization entitled; "Citizens Oppressed by Police." He complained about an officer assigned to the area of Wright Avenue and Wolfe Street, and requested support from the Board in getting something done to correct the situation. Mr. Sims was advised by Police Chief Simpson that an invest- igation is underway regarding the matter. Mr. Carl Jackson of 12 West Palisades Drive was a concerned citizen who had been working with a group of ladies in the Booker Homes Neighborhood. He introduced Ms. Barbara Hampton of the Welfare Rights Organization who protested notices some of the tenants had received from the Housing Authority regarding payment of rent. Ms. Hampton commented, "we want them to rescind these notices." Mayor Hubbell advised that he had talked to Mr. Bill George, Executive Director of the Little Rock Housing Authority about the matter and that the Board of Directors has no jurisdiction over the Little Rock Housing Authority. , In a brief discussion, it was generally agreed to reschedule the next official meeting of the Board of Directors on Friday, December 5, 1980 at 10:00 o'clock A. M., due to the Board of Directors attending the National League of Cities Meeting in i) Atlanta, Georgia on December 2, 1980. I 1 There being no further business to be presented or to come before the Board of i Directors, upon motion of Director Keith, seconded by Director Langston, and by un- animous vote of the Board Members present, the meeting was recessed at 11:30 o'clock P. M. to reconvene on Wednesday, November 26, 1980 at 9:30 o'clock A. M. to consider appointments to various Boards and Commissions. I� I I . ATTEST: 14"U4c4— APPROVED: City Clerk Mayor * * * * * * * * * * * * 1 Board of Directors Chamber Little Rock, Arkansas November 26, 1980 - 9:30 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened at 9:30 o'clock A. M. from the November 18, 1980 regular meeting, with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Morse, Shackelford and Jones - total 5; Absent - Director Bussey - total 1. Mayor Hubbell declared that a quorum was present and advised there would be no appointments to Boards and Commissions at this time, but consideration should be given to three utility franchise ordinances. The first Ordinance to be considered, No. 13,928, was entitled: 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 1981; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. A discussion followed in which Director Keith made amotion that the three utility franchise Ordinances contain a preamble stating that these fees will be reduced when a fee for the Zoo and a fare structure for the bus company can be established. Mayor Hubbell felt it would not be appropriate to tie the franchise tax increases to the Zoo and bus company since the money from the tax will go to the general operating budget. Director Jones reminded that the Board of Directors had already pledged to reduce the utility taxes as soon as the City can obtail a broad -based income source. The motion from Director Keith was seconded by Director Morse, in order to obtain a vote on the motion. The roll call vote on the motion is recorded as follows: Ayes - Director Keith - total 1; Noes - Directors Langston, Mors( Shackelford, Mayor Hubbell and Director Jones - total 5; Absent - Director Bussey - total 1. With the motion having failed, a subsequent motion was made by Director Morse seconded by Director Jones, 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, followed by a motion to again suspend the rules and place the Ordinance on third and final reading; which motio: was made by Director Morse, and again seconded by Director Jones, and adopted by un- animous 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 third and last reading of the Ordinance, an Aye and No Vote was taken on the question, Shall the Ordi- nance Pass, with the resulting vote being: Ayes - Directors Langston, Morse, Shackel- ford, Mayor Hubbell and Director Jones - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. The Emergency Clause contained in Section 4 of Ordinance No. 13,928 was then read and adopted by the following roll call vote: Ayes - Directors Langston, Morse, Shackel ford, Mayor Hubbell and Director Jones - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. Whereupon, the Ordinance with the Emergency Clause was then declared PASSED. Ordinance No. 13,929 was the next presentation, 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 COMPAN Y. 19 FOR THE YEAR 1981; PROVIDING FOR THE PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and upon first reading of the Ordinance, there was a motion from Director Morse, second ed by Director Jones, 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 prese 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. A motion was again made by Director Morse and seconded by Director Jones, to further suspend the rules to allow for the third and final reading of the Ordinance; with the motion being 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 third and last time, and the resulting Aye and No Vote taken on the question, Shall the Ordinance Pass,'.received the following response: Ayes - Directors Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. The Emergency Clause contained in Section 5 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. It was therefore, declared that the Ordinance, together with the Emergency Section had been PASSED. The last Ordinance to be considered was Ordinance No. 13,930, containing the following caption: 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; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion made at this time by Director Morse, seconded by Director Jones, that the rules be suspended and the ordi- nance be placed on second reading. The motion was unanimously adopted by members of th 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 again made by Director Morse, seconded by Director Jones, 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 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 Ordinance Pass, with the vote being recorded as follows: Ayes - Directors Langston, Morse, Shackelford, Mayor Hubbel and Director Jones - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. The Emergency Clause contained in Section 4 of the foregoing Ordinance was read adopted by the following roll call vote: Ayes - Directors Langston, Morse, Shackelford Mayor Hubbell and Director Jones - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. The Ordinance and Emergency Clause was then declared PASSED I 1 J NOVEMBER 26, 1980, Cont'd. There being no further business to be presented or to come before the Board of Directors, upon motion by Director Keith, seconded by Director Morse, the meeting was adjourned at 9:50 o'clock A. M. with the next regular meeting of the Board of Directors rescheduled for Friday, December 5, 1980 at 10:00 o'clock A. M. (See November 18, 1980 Minutes), due to the meeting of the National League of Cities being held in Atlanta, Georgia on December 2, 1980. ATTEST: 0 Oct/ v CityCClerk APPROVED: / /di 4 Mayor * * * * * * * * * * * * Board of Directors Chamber Little Rock, Arkansas December 5, 1980 - 10:00 A. M. The Board of Directors of the City of Little Rock, Arkansas met in regular (re- scheduled) session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Morse, Shackelford and Jones total 5; Absent - Director Bussey - total 1. It was announced by Mayor Hubbell that a quorum was present and the following is an account of the proceedings: The Invocation was given by Director Shackelford. The first official presentation was the Consent Agenda consisting of the follow- ing: (a) The Minutes of the previous meeting held November 18, 1980 and the reconvened meeting held November 26, 1980. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of October, 1980. (c) The Abstract of Votes cast at the November 4, 1980 General Election for 4 Directors and 2 Municipal Judges. (d) Resolution No. 6,472, entitled: A RESOLUTION PROVIDING FOR THE INSTALLATION OF FIRE HYDRANTS WITHIN THE CITY OF LITTLE ROCK FOR THE YEAR 1981; AND FOR OTHER PURPOSES. (e) Resolution No. 6,473, with the title being: A RESOLUTION WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR REPLACEMENT PARTS FOR THE CITY TRAFFIC CONTROL SYSTEM; AND FOR OTHER PURPOSES. (f) Resolution No. 6,474, described as: A RESOLUTION AMENDING SECTION 5 OF RESOLUTION NO. 6,468 WHICH ESTABLISHES GOLF COURSE FEES; AND FOR OTHER PURPOSES. (g) Resolution No. 6,475, containing the following caption: A RESOLUTION AUTHORIZING A CHANGE ORDER OF $78,097.30 FOR THE SIXTH YEAR C.D.B.G. SCHOOL DISTRICT /BOYS CLUB /WOODRUFF SCHOOL AREA PROJECT; AND FOR OTHER PURPOSES. By motion of Director Langston, 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 previous meeting held November 18, 1980 and the reconvened meeting held November 26, 1980 were approved as written and summarized to the Board of Directo: (b) The Comparative Statement of Income Account from the Little Rock Municipal Water Works was received and filed; (c) The Abstract of Votes cast at the November 4, 1980 General Election was received and filed; and (d, e, f and g) Resolutions No. 6,472, 6,473, 6,474 and 6,475 were read.in -full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones total 6; Noes - None; Absent - Director Bussey - total 1. At this time, Mayor Hubbell advised there was a financial matter he would like considered; the subject being an ordinance to correct the franchise ordinance imposing fees upon Arkansas Power and Light Company. No one responded to his invitation to speak regarding the matter and Ordinance No. 13,931 was presented, entitled: DECEMBER 5, 1980, Cont'd. AN ORDINANCE REPEALING SECTION 1 OF ORDINANCE NO. 13,930, PASSED BY THE LITTLE ROCK BOARD OF DIRECTORS ON NOVEMBER 26, 1980, FIXING AND IMPOSING THE AGGREGATE AMOUNT IIIIOF 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; 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 from Director Morse, seconded by Director Langston, 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 made by Director Morse, again seconded by Director Langston, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by unanimou 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 Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. The Emergency Section contained in Section 4 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Keith - total 1; Absent - Director Bussey - total 1. It was therefore, declared that the Ordinance, together with the Emergency Section had PASSED. At this point, Mayor Hubbell requested that Item 8 appearing on the Agenda be taken out of context and considered before the Zoning Matters. No one objected to the presentation of the Budget Ordinance at this time and the proposed Ordinance was presen ed, with the title being: AN ORDINANCE PROVIDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1981 AND ENDING DECEMBER 31, 1981; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, Director Keith suggested that the Ordinance be left on the calendar for second reading in order to allow more time for study of the line items. In a general discussion, several Board Members expressed a desire to proce with the adoption of the Budget Ordinance since a copy was presented earlier to Board Members for study. Director Keith then made a motion that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Jones and a roll call vote was taken on the suspension of the rules with the response being: Ayes - Mayor Hubbell and Director Jones - total 2; Noes - Directors Keith, Langston, Morse and Shackelford - total 4; Absent - Director Bussey - total 1. With the sus- pension of the rules having failed, the proposed Ordinance remained on the calendar for second reading. The following Zoning Applications were presented next, as approved by the Planning Commission: Z -3561 - From Julian Gilliam to rezone 9.5 acres on Highway No. 10 west of Pankey Addition, described as that part of the E3�, W# and W;�, E, of the NE;, NE,, Section 19, T -2 -N, R -13 -W, Pulaski County, Arkansas, which lies north of a 50 ft. Little Rock 454 i DECEMBER 5, 1980, Cont'd. Municipal Water Works easement, from "R -2" Single- family District to "C -3" General Commercial District. I Z -3580 - From A. B. Speights for Gulf Oil Corporation, to rezone 8824 New Benton Highway being the NE sector of I -30 and Baseline Road (long legal description), from "R -2" Single - family District to "C -4" Open Display District. As there was no one present to speak in opposition to the reclassification of the I above- described properties, an Ordinance to reclassify same was placed on first reading. I (see Ordinance No. 13,932 as follows) Ordinance No. 13,932 was presented, containing the following title: I AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; and after the first reading of the Ordinance, there was a motion by Director Morse, i seconded by Director Langston, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by members of the Board of Directors presen , I� 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 made by Director Morse.to further suspend the rules and place the Ordinance on third and final I reading; which motion was seconded by Director Langston, 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 final read- ing of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Morse, Shackelford Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. It was announced that the Ordinance had PASSED. The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure as reviewed by the Planning Commission: Z -3584 - From Christ Lutheran Church to rezone eight acres located at 315 South I �I Hughes Street (long legal description), from "R -2" Single - family District to "O -1" Quiet Office District. Z -3585 - From Jim Finch for McKa y & Company, p y, et al, to rezone Tract 1 located at the N/W corner of Kanis and Barrow Roads (long legal description), from "C -3" General 'y Commercial District to "C -4" Open Display District. Z -3586 - From Jim Finch for McKay & Company, et al, to rezone Tract 2 located at 1 the N/W corner of Kanis and Barrow Roads (long legal description), from "0 -3" General I �I Office District to "C -3" General Commercial District. Z -3587 - From Jim Finch for McKay & Company, et al, to rezone Tract 3 located at the N/W corner of Kanis and Barrow Roads (long legal description), from "C -3" General Commercial District to "C -4" Open Display District. Z -3590 - From Don R. Venhaus for William R. Marks, to rezone Lots 64 and 49 of 4 West Highland Subdivision to the City of Little Rock, located at the NW corner of Kanis and Shackleford Roads, from "0 -3" General Office District to "C -3" General Commercial District. y Z -3594 - From Joe Bell for Clare Majed, to rezone 4424 West 10th Street described , as Lot 2, Block 16, Cunningham's Addition to the City of Little Rock, from "R -4" Two - 'G family District to "R -3" Single - family District. I� A lengthy discussion ensued regarding the conversion adjustments. When the "new" zoning ordinance was adopted in 1979 many classificationswere more restrictive than ✓ 'I li .VI DECEMBER 5, 1980, Cont'd. they had been under the old ordinance. To avoid litigation, a procedure (conversion adjustment) was approved that give landowners one year to apply for an automatic conversion to a zoning that would give them the same rights they had under the old ordinance. However, in some cases, the landowner is obtaining additional uses. City Attorney Jack Magruder advised the Board of Directors that he and Nathaniel Griffin, Director of Comprehensive Planning propose an amendment to the zoning ordinance concer, ing zoning adjustements. Mr. Jim Finch, Mr. Don Venhaus and Attorney David Henry spok in opposition to the proposed amendment. Mr. Henry commented that it was unfair to change the ordinance now when other property owners had benefited from it. He further suggested that if the rules are changed now, less than a month before the legislation expires, a federal court suit might be possible. To date, there have been approximate sixty -three conversion adjustments processed. In the general discussion, the Board of Directors decided to delay action on Case No. Z -3586 and Case No. Z -3590. There was no further discussion and the following two Ordinances were presented. Ordinance No. 13,933 was presented, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; (Z -3584 - 315 South Hughes Street; and Z -3594 - 4424 West 10th Street) with there being a first reading of the Ordinance, followed by a motion from Director Langston, seconded by Director Keith, 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 Ordinance followe 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 Morse, again 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, 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. The other zoning conversion Ordinance was No. 13,934, described as: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; (Z -3585 - NW corner Kanis & Barrow Roads; Z -3587 - NW corner Kanis & Barrow Roads) and after a first reading of the Ordinance, there was a motion by Director Morse, seconded by Director Keith, 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 ensued. A subsequent motion was made by Director Keith to suspend the rules and place the Ordinance on third and final reading; which 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. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the pas DECEMBER 5, 1980, Cont'd. of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Direc Bussey - total 1. Therefore, the Ordinance was declared PASSED. The following Conditional Use Permit was next presented, having received Planning Commission approval on November 11, 1980: Z -3503 - From Stanley Gray of The Good Earth Nursery, to use property located on Highway 10 near Rummel Road for a Plant Nursery and Landscaping Business in "AF" Agriculture & Forestry District. There was no discussion and Ordinance No. 13,935 was presented, entitled: AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 15601 STATE HIGHWAY #10, SETTING FORTH THE CONDITIONS ATTACHED THERETO, 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 from Director Morse, 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 subsequent motion made by Director Keith, seconded by Director Morse, 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 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones total 6; Noes - None; Absent - Director Bussey - total 1. Mayor Hubbell then announce that the Ordinance had PASSED. Introduced at this time was a proposed Ordinance, with the title being: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN MAP, ADOPTED BY ORDINANCE NO. 13,874 ON SEPTEMBER 24, 1980; AND FOR OTHER PURPOSES; with there being a third and final reading of the Ordinance. The first and second readings occurred on November 18, 1980. A motion was made by Director Keith that the vote on the Ordinance be deferred for sixty days. The motion received a second from Mayor Hubbell and unanimous adoption by voice vote of the Board Members present. There- fore, no action was taken and vote on the passage of the Ordinance was deferred for sixty days. The next presentation was a Petition by residents of the Pebble Beach Park Additioi for the establishment of a recreational area improvement district. Accompanying the petition was a certificate from the Little Rock Abstract Company stating the total assessed value of all property described in the Petition to be $1,073,290.00 and that the persons signing the said petition own a majority in value of the property to be embraced within said improvement district in the sum of $619,990.00. As a Public Hear- ing had been scheduled for this time and place, with notice thereof having been publish on November 21, 1980 and November 28, 1980, the Public Hearing was then declared to be open and all interested persons were invited to come forward and address the issue. Mr. Bill McClard, representing the petitioners, requested that because of an engineerin study by the U. S. Corps of Engineers to determine the location of the floodplain, the matter be given a forty -five day deferral. Mr. Barry Williams of 143 Pebble Beach Driv was the spokesman for a group of property owners opposed to the formation of the improv ment district. Mr. Williams stated the Corps of Engineers advises the lots included in the petition are located in the floodplain; adding, "the survey by the Corps will not J 1 1 (Hinson Loop Rd. bet. Hinson & Rainwood Rd.) r P' DECEMBER 5, 1980, Cont'd. be completed until next April." He asked that the petition be denied for formation of the improvement district. In further discussion, Mr. McClard agreed to withdraw the petition and any further proposal will necessitate the filing of a new petition. Thor was no further discussion and Mayor Hubbell declared the Public Hearing closed. Ordinance No. 13,936 was considered at this time, with the title being: AN ORDINANCE AMENDING SECTIONS 7 -16, 7 -17, 7 -18, 7 -19, 7 -20, 7 -21, 7 -25, 7 -26, AND 7 -28 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK PERTAINING TO ANIMAL CONTROL LICENSE FEES, FINES AND OTHER ASPECTS OF ANIMAL CONTROL; ADDING SECTIONS 7 -33, 7 -34, 7 -35, 7 -36, 7 -37 AND 7 -38 TO CHAPTER 7 OF THE CODE OF ORDINANCES; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance, followed by 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 Shackelford, 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 subsequent motion was then made by Directors Keith and Shackelford, respectively, for a further suspensi 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 th 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 - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. Next presented was Ordinance No. 13,937, containing the following caption: AN ORDINANCE AUTHORIZING PURCHASE OF REAL PROPERTY AT 2100 EAST 6TH STREET; APPROPRIATING FUNDS AND AUTHORIZING THE PURCHASE OF REAL PROPERTY AT 1800 EAST 2ND STREET; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion followed from Director Keith which was seconded by Director Shackelford, 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 subsequently read the second time, resulting in a motion made by Director Keith and seconded by Director Morse, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by voice 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 read- ing 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, Langston Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. Ordinance No. 13,938 was the next matter to be considered, described as: AN ORDINANCE ALLOCATING. AND APPROPRIATING $316,446.00 WHICH WERE STATE AID FUNDS ' AND $94,933.00 WHICH WERE MUNICIPAL AID FUNDS TO BE USED FOR THE BLOUNT ROAD CAPITAL IMPROVEMENT PROJECT; INCREASING THE BOND ALLOCATION TO APPROXIMATELY $503,161.00 FOR THE BLOUNT ROAD CAPITAL IMPROVEMENT PROJECT; ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR CONSTRUCTION OF THE BLOUNT ROAD CAPITAL IMPROVEMENT PROJECT; AUTHORIZING THE TRANSFER OF $23,823.07 FROM ACCOUNT NO. 399 -9202 TO ACCOUNT DECEMBER 5, 1980, Cont'd. NO. 399 -9108; AUTHORIZING THE TRANSFER OF,$7,940.09 FROM ACCOUNT NO. 399 -9202 TO (Chicot & Baseline 7th & Spring, ACCOUNT NO. 399 -9201; INCREASING THE APPROPRIATION TO $141,866.84 FOR CAPITAL IMPROVE- Gillam Park & Hwy.365) MENTS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR CERTAIN CAPITAL IMPROVE- MENTS FOR DRAINAGE; AND FOR OTHER PURPOSES; , with the Ordinance being read the first time; followed by a motion from Director Keith that the rules be suspended to allow for the second reading of the Ordinance. The motion was seconded by Director Jones, 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 a subsequell motion by Director Morse, seconded by Director Keith, that the rules again be suspendelll and the Ordinance be placed on third and final reading; with the motion being unanimous- ly 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, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the responding vote being: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None;' Absent - Director Bussey - total 1. It was announced that the Ordinance had PASSED. A proposed Resolution was placed on the Official Agenda establishing a defined contribution plan as retirement for non - uniform employees of the City of Little Rock, but City Attorney Jack Magruder requested that the Resolution be deferred for two weeks; therefore, no action was taken and the matter was deferred. Resolution No. 6,476 was presented, entitled: A RESOLUTION AUTHORIZING THE EXTENSION OF THE CITY'S ROAD RESURFACING CONTRACT BY $7,479; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution after which a motion by Director Keith, seconded by Director Morse, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith, Langston, Morse, Shackel- ford, Mayor Hubbell and Director Jones —total 6; Noes - None; Absent - Director Bussey - total 1. Presented at this time was Ordinance No. 13,939, with the title being: AN ORDINANCE AUTHORIZING THE ISSUANCE OF A TAXICAB OPERATOR PERMIT TO MR. CLIFTON PHILLIPS, JR.; AND FOR OTHER PURPOSES; with the Ordinance being read the first time; after which there was a motion by Director Morse, 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 Langston, to suspend the rules and place the Ordinance on third and final reading. With 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, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - I total 6; Noes - None; Absent - Director Bussey - total 1. An announcement was made that the Ordinance had PASSED. 1111111 i DECEMBER 5, 1980, Cont'd. Considered at this time was Resolution No. 6,477, containing the following title: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED IN FAVOR OF INTERSTATE DISTRIBUTING COMPANY PURSUANT TO AN OPTION TO PURCHASE ENTERED INTO BY THE LITTLE ROCK PORT AUTHORITY AND THE SAID INTERSTATE DISTRIBUTING COMPANY AS TO TRACT N, AREA 201, 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 PURCHA PRICE; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Keith seconded by Director Morse, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Langston, Morse, Shackel- ford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. At the request of City Manager Mahlon Martin, the following Resolution No. 6,478, was presented which had not been placed on the Official Agenda. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO ENTER INTO AND EXECUTE ANY AND ALL CONTRACTS, AGREEMENTS, DOCUMENTS AND THE LIKE WITH THE ARKANSAS DEPARTMENT OF HUMAN SERVICES NECESSARY TO ENABLE THE CITY OF LITTLE ROCK, ARKANSAS TO PARTICIPATE IN ANY PROGRAMS FUNDED BY SAID ARKANSAS DEPARTMENT OF HUMAN SERVICES; AND FOR OTHER PURPOSES; with the Resolution being read in full. A motion by Director Keith, seconded by Director Langston, was then made and resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones- total 6; Noes - None; Absent - Director Bussey - total 1 Under "J" Citizen Communications, Mr. Larry Carpenter representing Mr. Tom Robinson, a Independent Taxicab Operator, Mr. Jim Hudson, Ms. Alpha Ennis and Mr. Joe Register were present to speak on behalf of the independent operators and to request that Mr. Robinson be issued two more operator permits. A policy decision exists to allow only twenty independent operator permits; and, only one permit per individual. Director Keith advised that the Ordinance governing independent taxicab service will be reviewed in April. City Manager Mahlon Martin expressed hope that in the new year, there will be some new alternatives regulating independent taxicab operations. There being no further business to be presented or to come before the Board of Directors, upon motion from Director Keith, seconded by Director Langston, and by unanimous vote of the Board Members present, the meeting was recessed at 12:00 o'clock Noon, to reconvene on Wednesday, December 10, 1980 at 9:30 o'clock A. M. to consider the 1981 City of Little Rock Budget Ordinance and appointments to various Boards and Commissions. ATTEST: City Clerk APPROVED: * * * * * * * * * * * * Mayor I Board of Directors Chamber Little Rock, Arkansas II III ' December 10, 1980 - 9:30 A. M. The Board of Directors of the City of Little Rock, Arkansas reconvened at 9:30 o'clock A. M. from the December 5, 1980 regular (rescheduled) meeting, with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Morse, Shackelford and Jones - total 5; Absent - Director Bussey - total 1. It was announced by Mayor Hubbell that a quorum was present and the purpose for reconvening was to consider the 1981 Budget for the City of Little Rock. Therefore, Ordinance No. 13,940 was presented, entitled: AN ORDINANCE- :,P,ROV,IDING FOR AND ADOPTING A BUDGET FOR THE CITY OF LITTLE ROCK FOR THE PERIOD BEGINNING JANUARY 1, 1981 AND ENDING DECEMBER 31, 1981; APPROPRIATING FUNDS FOR EACH AND EVERY CLASS OF EXPENDITURE THEREIN PROVIDED; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; , and the Ordinance was read the second time, having been read the first time on December 5, 1980. There was no discussion and a motion followed from Director Shackel- ford to suspend the rules and place the Ordinance on third and final reading, with the motion being seconded by Director Jones, and 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. The Ordinance was then read the third and last time, and there was an Aye and No Vote taken on the passage of the Ordinance with the results being: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Emergency Section contained in Section 10 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes- Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. Another Ordinance, No. 13,941, was presented with the title being: AN ORDINANCE AMENDING ORDINANCE NUMBER 13,938 TO DECREASE THE ALLOCATION IN SECTION 3 OF THAT ORDINANCE AND TO ADD A SECTION AUTHORIZING THE INCREASE OF THE ENGINEERING DESIGN CONTRACT FOR THE BLOUNT ROAD CAPITAL IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES; and said Ordinance was read the first time, followed by a motion by Director Langston, seconded by Director Keith, 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 Ordinance ensued. A motion was then made for a further suspension of the rules to provide for the third and last reading of the Ordinance at this time; with the motion being made by Director Shackel- ford, seconded by Director Morse, and 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. The Ordinance was read the third and last time, and there w an Aye and No Vote taken on the passage of the Ordinance as follows: Ayes - Directors Keith, Langston, Morse, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes DECEMBER 10, 1980, Cont'd. None; Absent - Director Bussey - total 1. Mayor Hubbell then announced that the ' Ordinance had PASSED. There being no further business to be presented or to come before the Board of Directors, upon motion by Director Langston, seconded by Director Morse, and by unanimous vote of the members of the Board of Directors, the meeting was adjourned at 9:45 o'clock A. M. and the Board will meet again in regular session on Tuesday, December 16, 1980 at 7 :30 o'clock P. M. C ATTEST: ?AX4 64"4 / APPROVED: City Clerk Mayor * * * * * * * * * * * * Board of Directors Chamber Little Rock, Arkansas December 16, 1980 - 8:00 P. M. , The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and City Clerk Jane Czech, and the following Directors were present: Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; Absent - None. Due to a Public Hearing on annexation of seven islands to the City of Little Rock, prior to the official board meeting, the Board Meeting was delayed thirty minutes, with the regular meeting time being 7:30 o'clock P. M. The Invocation was given by Vice Mayor /Director Bussey. Before the consideration of Agenda items, a Certificate of Appreciation was presented by Mayor Hubbell to Miss Suzanne Kittrell, daughter of City Employees Carl and Phil Kittrell, who designed the cover page for the 1981 City of Little Rock Budget. Resolution No. 6,479 was the next presentation which did not contain a title, but expressed gratitude to Director Byron R. Morse for his service as a member of the Little Rock Board of Directors, with his term expiring December 31, 1980. Mayor Hubbell also presented Director Morse with a bronze plaque and a Resolution adopted by the Little Rock Advertising and Promotion Commission in appreciation for his public service. Director Morse spoke briefly in accepting the Resolutions and plaque and highly endorsed Little Rock's City Manager Form of Government. At this time, Mayor Hubbell advised that a group was present to discuss the Job Corps Center that the federal Labor Department plans to open at the Red Carpet Inn in Little Rock. Vice Mayor /Director Bussey was the first to speak, commenting that he was not against the concept of Job Corps Centers, but was "100 per cent opposed to locating this one'in the Red Carpet Inn at 21st Street and Interstate 30. The Center is to be operated by the Opportunities Industrialization Centers with plans to bring 200 disadvantaged youths between 16 and 21 years of age to the Center for training in several vocational subjects. Vice Mayor Bussey strongly opposed the Center being located in the Red Carpet Inn, citing killing, raping, robbing, property destruction and other crimes as reasons for objecting to the Red Carpet location. He suggested , that Board Members could urge the State's congressional delegation to investigate the Center, and handed out articles from newspapers of other cities where residents of these Centers have rioted, committed violent crimes and caused many other problems. Ms. Donna K. Flowers of 1604 Scott Street spoke in opposition to the location of the Center at Red Carpet Inn and presented a protest petition signed by area residents. State Senator Jerry Jewell, also a dentist, who resides at 721 East 21st Street said that it would be "devastating" to people who own property around the former hotel, if the Job Corps Center is located there. No action was taken on the matter. Consideration was then given to the Consent Items, described as follows: (a) The Minutes of the previous meeting held December 5, 1980 and the reconvened meeting held December 10, 1980. (b) Report of Commissioners for Twin Lakes Recreational Area Improvement District No. 1 of Little Rock, Arkansas; and Resolution No. 6,480, entitled: , A RESOLUTION APPOINTING SUCCESSOR COMMISSIONER FOR TWIN LAKES RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 1 OF LITTLE ROCK, ARKANSAS. (c) Resolution No. 6,481, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE DECEMBER 16, 1980, Cont'd. PURCHASE OF SERVICE AND REPLACEMENT PARTS FOR VARIOUS PIECES OF CITY EQUIPMENT; WAIVING COMPETITIVE BIDDING AND DECLARING AN EXCEPTIONAL ' SITUATION; AND FOR OTHER PURPOSES. (d) Motion to set date for Public Hearing on January 6, 1981 on Zoning Appeal Z -3579 to rezone Lots 4, 9 & 10, Block 150, John Barrow Addition, from "R -3" Single - family to "C -1" Neighborhood Commercial District. (e) Motion to set date for Public Hearing on January 6, 1981 on Zoning Appeal Z -3536 to rezone Lots 4, 5 & 6, Plateau Addition (3700, 3704 & 3714 Capitol Avenue) from "R -3" Single - family to "MF -24" Multi- family District. _ l (f) Removed from Consent Agenda and considered immediately thereafter. (g) Resolution No. 6,482, with the title being: A RESOLUTION APPROVING THE ESTABLISHMENT OF A DEFINED CONTRIBUTION PLAN AS RETIREMENT FOR NON- UNIFORM EMPLOYEES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES. (h) Resolution No. 6,483 containing the following title: A RESOLUTION AUTHORIZING THE EXTENSION OF CONTRACTS WITH GULF OIL COMPANY AND AMERICAN OIL COMPANY FOR A TWELVE MONTH PERIOD; DECLARING EXCEPTIONAL SITUATION AND WAIVING COMPETITIVE BIDDING; AND FOR OTHER PURPOSES. (i) Resolution No. 6,484, entitled: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A "COOPERATIVE MENT" ON BEHALF OF THE CITY WITH PULASKI COUNTY WHEREBY SANITATION COLLECTION VEHICLES WILL BE LOANED TO PULASKI COUNTY UNTIL JULY 1, 1981, WHEN SANITATION SERVICES WILL BE PROVIDED TO THE NEWLY ANNEXED "SOUTH- WEST ISLAND "; AND FOR OTHER PURPOSES. By motion of Director Morse, seconded by Director Bussey, with all Board Members preset was unanimously adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; None; Absent - None. 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 Report of Commi- ssioners for Twin Lakes Recreational Area Improvement District No. 1 of Little Rock, t Arkansas, was received and filed; and Resolution No. 6,480 was read in full and adoptec by unanimous roll call vote; (c) Resolution No. 6,481 was read in full and adopted by unanimous roll call vote; (d & e) Motions were made and adopted to set public hearings on January 6, 1981 on Zoning Appeals Z -3579 and Z -3536; and (g, h & i) Resolutions No. 6,482, 6,483 and 6,484 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Item (f) removed from the Consent Agenda, to set a date for public hearing on January 6, 1981 on Zoning Application Z- 2848E, to rezone 2.88 acres on the west side o Hinson Road at the entrance to Hillsborough Road, from "R -4" District to "MF -6" Multi- family District, was then discussed. At the request of Director Jones, it was removed from the Consent Agenda as factual information had not been provided in the Board's December 10th Agenda Folders. A motion then followed from Director Keith, seconded by Director Bussey, "that a joint public hearing be set for January 6, 1981 at 7:00 o'clo P. M. before the Board of Directors and Little Rock Planning Commission." The motion was unanimously adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; None; Absent - None. DECEMBER 16, 1980, Cont'd. A Public Hearing had been scheduled for this time and place on amending the Sub - urban Development Plan Map, to show "Neighborhood Shopping" shifted from the West Belt i intersection to the North and South sides of Highway 10 just West of Black Road. Noticill of Public Hearing was published November 16, 1980. Mayor Hubbell declared the Public cV( Hearing open and when no one was present to speak either for or against the proposal, jthe public hearing was closed and Ordinance No. 13,942 was presented, with the title being: V AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN MAP, ADOPTED BY ORDINANCE NO. 13,874 ON SEPTEMBER 24, 1980; AND FOR OTHER PURPOSES; and after a first.reading of the Ordinance, there was a motion from Director Keith, seconded by Director Langston, to suspend the rules and place the Ordinance on its second reading. The motion was adopted by unanimous vote of the Board Members present, �u 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. A subsequent motion was made I at this time by Director Morse, seconded by Director Jones, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was Vadopted 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. The ensuing roll call vote taken on the passage of the ordinance received the following response: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. i A Public Hearing had been advertised for this time and place regarding an amend- ment to the Master Street Plan to further clarify the design approval of expressways i and freeways; to specify the centerline study for the Rock Creek Parkway, and to clarify the City's authority for land acquisition. Mayor Hubbell declared the public hearing open and with no one present to oppose the matter, the hearing was closed and Ordi- nance No. 13,943 was introduced, entitled: AN ORDINANCE AMENDING THE MASTER STREET PLAN TO FURTHER CLARIFY THE DESIGN APPROVAL OF EXPRESSWAYS AND FREEWAYS; TO SPECIFY THE CENTERLINE STUDY FOR THE ROCK CREEK PARK- i WAY; CLARIFY THE CITY'S AUTHORITY FOR LAND ACQUISITION AND FOR OTHER PURPOSES; ' and said Ordinance was read the first time; after which there was a motion by Director Keith, seconded by Director Jones, that the rules be suspended and the Ordinance be placed on second reading. The motion was adopted by unanimous vote of the members of �V the Board of Directors 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 suspension of the rules then placed the Ordinance on third and final read- I ing, by motion of Director Keith, again seconded by Director Jones, and by unanimous i i` 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 was accomplished, and an Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes _ None; Absent - None. The Ordinance was then declared PASSED. ' i Presentation of Ordinance No. 13,944 was then made, described as: AN ORDINANCE PROVIDING FOR A WAIVER OF ACQUISITION RIGHTS ON PARK SITE 5 -AF AS PROVIDED FOR IN ORDINANCE 12,545; MASTER PARKS PLAN, ON PROPERTY AT 4300 EAST 9TH it ''j STREET; DECEMBER 16, 1480, Cont d. (Not an amendment to the Master Parks Plan - Site 5 -AF to remain illustrated on Map A -1 of the Plan) i and said Ordinance was read the first time. The rules were then,'suspended to provide ' for the second reading of the Ordinance, by motion of Director Bussey, seconded by I' Director Morse, and by voice vote of the members of the Board of Directors present, I being seven in number and two - thirds or more of the members of the Board of Directors - elect, with Director Shackelford voting No. There was a second reading of the Ordinancl and an ensuing motion that the rules again be suspended and the Ordinance placed on II third and final reading; with the motion being made by Director Bussey, again seconded by Director Morse, and unanimously adopted by members of the Board of Directors presen]e being seven in number and two - thirds or more of the members of the Board of Directors- jl elect. The Ordinance was then read the third and last time, resulting in an Aye and Nolll Vote taken on the passage of the Ordinance, with the vote being recorded herein as follows: Ayes - Directors Keith, Lanston, Morse, Bussey and Mayor Hubbell - total 5; Noes - Directors Shackelford and Jones - total 2; Absent - None. There was a.. announcl- ment that the Ordinance had PASSED. The following Conditional Use Permit was next presented, having received Planning Commission approval on December 9, 1980: +� 1 111 From Mr. Sam Scheidler for National By- Products, Inc. to use property located at II 4300 East 9th Street for a rendering plant in "I -3" Heavy Industrial District. The II rendering plant is to be renovated and improvements made thereto. Ordinance No. 13,945III was presented, entitled: l AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 4300 EAST �II NINTH STREET, SETTING FORTH THE CONDITIONS ATTACHED THERETO, AND FOR OTHER PURPOSES; (For the operation of a Rendering Plant in the I -3 Heavy Industrial District) with the Ordinance being read the first time. The rules were then suspended and the II Ordinance placed on its second reading, by a motion from Director Bussey, seconded by Director Morse, and adopted by the Board Members present, being seven in number and I two - thirds or more of the members of the Board of Directors - elect, with Director ;I Shackelford voting No. There was a second reading of the Ordinance, after which there ' was a subsequent motion made by Director Bussey, again seconded by Director Morse, to again suspend the rules and place the Ordinance on its third and final reading. The 11 I motion was adopted by a 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 j passage of the Ordinance with the response being: Ayes - Directors Keith, Langston, �? Morse, Bussey and Mayor Hubbell - total 5; Noes - Directors Shackelford and Jones I� total 2; Absent - None. Whereupon, the Ordinance was declared PASSED. A Public Hearing had been advertised for this time and place, upon the question of j issuance of Act No. 9 Industrial Development Revenue Bonds for National By- Products, lily Inc., at 4300 East 9th Street in the City of Little Rock. The Public Hearing was I� declared open by Mayor Hubbell, who invited speakers to come forward. Mrs. Mae W. Jones, representing the United East End Citizens, read a prepared statement in which �I a committment in writing was requested for a 50% reduction of odor; the immediate haltlll ' of illegal dumping of waste materials behind the plant; and that National By- Products i will not use the existing buildings or deteriorated equipment once they have their newlij facility. Mr. Sam Scheidler of National By- Products, Inc. was present and advised thjl" �I Board of Directors that citizens were given a tour of the buildings and grounds; that IIII II{i _ blueprints were given to the State Department of Pollution and Ecology Control and III — - -, — ( I I� p�; that National By- Products has received a permit for installation of the kind of equip- ment they propose to use. Mr. Charles Price, Attorney for National By- Products was present to answer any questions the Board Members might have. There was no further discussion, Mayor Hubbell declared the Public Hearing closed and Ordinance No. 13,946 was presented, containing the following caption: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND NATIONAL BY- PRODUCTS, INC., AS LESSEE: AUTHOR IZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THER TO; AND DECLARING AN EMERGENCY; (Up to $1,500,000) and there was a first reading of the Ordinance, followed by a motion by Director Bussey that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Director Morse, and 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 Shackelford voting No. The Ordinance was then read the second time. A subsequent motion was then made by Directors Bussey and Morse, respectively, for a further suspension of the rules to allow for the third and final reading of the Ordi- nance 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 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 - Directors Keith, Langston, Morse, Bussey and Mayor Hubbell - total 5; Noes - Directors Shackelford and Jones - total 2; Absent - None. The Emergency Clause contained in Section 11 of the foregoing Ordinance was, at this time, read and adopted by the following vote: Ayes - Directors Keith, Langston, Morse, Bussey and Mayor Hubbell - total 5; Noes - Directors Shackelford and Jones - total 2; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. ' Presented for consideration was a Petition from property owners in the vicinity of Bunch Road in southwest Little Rock, for the formation of a Water Pipe Line Improvement District. The property comprises 1,057 acres, more or less, and is located in Sections 10, 11, 12, 13, 14 and 15, T -1 -S, R -13 -W, Pulaski County, Arkansas. Included with the Petition was an Abstracter's Certificate from the Beach Abstract & Guaranty Company stating that the total assessed value of all real property in the proposed District to be $752,040.00, and that said petition is signed by owners of real property, as describe therein and as shown by the last deeds of record, to the value of $380,465.00. As a Public Hearing had been scheduled for this time and place, with Notice thereof, having been duly published on November 28, 1980 and December 5, 1980, as required by law, Mayor Hubbell declared the Public Hearing to be open. There was no one present to oppose thelill formation of the District and the Public Hearing was declared closed. Ordinance No. 13,947 was then presented, with the title being: AN ORDINANCE ESTABLISHING WATER PIPE LINE IMPROVEMENT DISTRICT NO. 136 OF LITTLE ROCK, ARKANSAS; 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 Langston, seconded by Director Bussey, and unanimously adopted by the Board Members present, being seven in 2 DECEMBER 16, 1980, Cont'd. number and two - thirds or more of the members of the Board of Directors - elect. Before the second reading of the Ordinance, as a matter of record, Director Jones asked Mr. William M. Dabbs, Attorney for the District, "what would be the City's protection to see that water connections are not allowed outside the corporate limits ?" Mr. Dabbs advised that the Ordinance provides for only that area within the corporate limits will be served; that improvement districts are governed entirely by Arkansas Statute, which provides for the right to come to the Board of Directors to form a district; and, then we are governed totally by the Ordinance that is passed; adding, "that is the first way that you are protected." He further advised that this District is formed only for those residences in the City of Little Rock, or hereafter may be annexed; that the District must purchase water from the Little Rock Water Works and in the contract the District will enter into with the Water Works, there will be provisions which say that they will not allow any connections to anyone who is not within the corporate limits o the City of Little Rock. In conclusion, he stated that the City has no responsibility to furnish water to anyone outside the City Limits. There was no further discussion ' and the Ordinance was read the second time; after which a motion was made by Director Jones, seconded by Director Bussey, that the rules again be suspended and the Ordinanc 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 Jill 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 th following response: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Accordingly it was announced that the Ordinance had PASSED. A Public Hearing, as required by Law, had been scheduled for this time and place, with notice thereof having been duly published in the Arkansas Democrat, on the annex- ation of 10 acres of land to Mabelvale- Alexander Sewer Improvement District No. 142, described as Tract L, Mary L. Penn's Subdivision of the SWa of the NWa, Section 2, to speak; only Mr. W. S. Mitchell, Attorney for the annexation, was present to answer any questions the Board Members might have; and, the Public Hearing was then declared closed and the Ordinance, No. 13,948, to annex the property was placed on first readi with the title being: AN ORDINANCE ANNEXING TERRITORY TO MABELVALE- ALEXANDER SEWER IMPROVEMENT DISTRICT NO. 142 OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time; after which there was a motion made and seconded by Directors Morse and Jones, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, there was a second reading of the Ordinance. Director Shackelford then made a motion, again seconded by Director Jones, 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 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 Township 1 South, Range 13 West, Pulaski County, Arkansas, and owned by George C. ' Martin. The purpose of the annexation is for construction of a sanitary sewer line to the property. Mayor Hubbell declared the Public Hearing open and invited those wishin to address the issue to come forward and be heard. There was no one present who wishe to speak; only Mr. W. S. Mitchell, Attorney for the annexation, was present to answer any questions the Board Members might have; and, the Public Hearing was then declared closed and the Ordinance, No. 13,948, to annex the property was placed on first readi with the title being: AN ORDINANCE ANNEXING TERRITORY TO MABELVALE- ALEXANDER SEWER IMPROVEMENT DISTRICT NO. 142 OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time; after which there was a motion made and seconded by Directors Morse and Jones, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect; whereupon, there was a second reading of the Ordinance. Director Shackelford then made a motion, again seconded by Director Jones, 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 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 DECEMBER 16, 1980, Cont'd. reading of the Ordinance, followed by an Aye and No Vote on the passage of the Ordi- nance, resulting as herein described: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. ' The Ordinance was then declared PASSED. A series of Ordinances had been placed on the Official Agenda annexing lands comprising seven (7) islands completely surrounded by the incorporated limits of the City of Little Rock. The Ordinance to annex territory referred to as "Speed Bowl" was deferred, with the remaining Ordinances presented as follows: Ordinance No. 13,949 was presented, entitled: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE IN- CORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ( "Thibault Road Island ") 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 Shackelford, seconded by Director Keith, 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, there was a subsequent motion by Director Keith that the rules again be suspended and the Ordinance be placed on third and final reading. Director.Shackelford seconded the motion, 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. 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read and then submitted to a roll call vote whereby it was adopted as herein described: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance and ' Emergency Section was declared PASSED. There was next presented, Ordinance No. 13,950, with the title being: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE IN- CORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ( "Lindsey Road Island ") and there was a first reading of the Ordinance. A motion followed from Director Shackelford that the rules be suspended and the Ordinance be placed on second reading. The motion was seconded by Director Keith, 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 Ordinance was read the second time. A subsequen motion then suspended the rules and provided for the third and final reading of the Ordinance, with the motion being made by Director Keith, seconded by Director Shackel- ford, 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. Upon the third and last reading of the Ordinance, an Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the response being as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director DECEMBER 16, 1980, Cont'd. Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was, at this time, read and adopted by the following vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance, together with the Emergency Sect had PASSED. The next matter to be considered was Ordinance No. 13,951, containing the follow- ing title: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE IN- CORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ("East Frazier Pike Island ") 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 Shackelford, 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; after which a motion was made by Director Keith, seconded by Director Shackelford, 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 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 3 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. Ordinance No. 13,952 was presented, with the title being: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE IN- CORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ( "West Frazier Pike Island ") and there was a first reading of the Ordinance, followed by a motion from Director Shackelford 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 and seconded by Directors Keith and Shackelford, 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. 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, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Directors Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 3 of the foregoing Ordinance was read roll I : r CEMBER 16, 1980, Cont'd. j and then submitted to a roll call vote whereby it was adopted as herein described: i� Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was declared PASSED. ' Ordinance No. 13,953 was the next presentation, entitled: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE IN- CORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER i PURPOSES; ( "South Central Little Rock Island ") ll which Ordinance was read the first time. There was a motion which followed from II Director Shackelford, 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 jBoard 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 I Ordinance by a motion made by Director Keith, seconded by Director Shackelford, and ij unanimously adopted by the Board Members present, being seven in number and two - thirds , Ij or more of the members of the Board of Directors - elect. The third and last reading of I the Ordinance was followed by an Aye and No Vote taken on the passage of the Ordinance and resulting as herein recorded: Ayes - Directors Keith, Langston, Morse, Bussey, jShackelford, I Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 3 of the foregoing Ordinance was then i read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, I Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance, together with the Emergency Section, was then declared PASSED. Ordinance No. 13,954 was presented, described as: AN ORDINANCE ANNEXING CERTAIN LANDS THAT ARE COMPLETELY SURROUNDED BY THE IN- CORPORATED LIMITS OF THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; ' ("Hardin Road Island ") and upon first reading of the Ordinance, there was a motion from Director Shackelford, 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 Director l 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. A motion was again ji made to further suspend the rules to allow for the third and last reading of the Ordi- I nance; with the motion being made by Directors Keith and Shackelford, 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 Ordinance was read the third and last time, and the resulting Aye and No Vote taken on I the question, Shall the Ordinance Pass, received the following results: Ayes - IDirectors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director i Jones - total 7; Noes - None; Absent - None. I ' j The Emergency Clause contained in Section 3 of Ordinance No. 13,954 was then I read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance with the Emergency Clause, was then declared PASSED. I i DECEMBER 16, 1980, Cont'd. ROCK, ARKANSAS AND BRANDON FURNITURE COMPANY, INC., PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCT ' AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; ($3,000,000) and the Resolution was read in its entirety. A motion was then made by Director Keith and seconded by Director Morse, which resulted in a roll call vote whereby the Reso- lution was adopted as herein described: Ayes - Directors Keith, Langston, Morse, Introduced at this time was Ordinance No. 13,955, with the description being: AN ORDINANCE AMENDING ORDINANCE NO. 13,683 TO ESTABLISH CONTINUING ADMINISTRATIVE FEES TO BE IMPOSED IN ADDITION TO THE INITIAL FEES PREVIOUSLY ESTABLISHED BY ORDINANCE ,. NO. 13,683 FOR ACT 9 INDUSTRIAL DEVELOPMENT BOND ISSUES AND AMENDMENT 49 INDUSTRIAL DEVELOPMENT BOND ISSUES; AND FOR OTHER PURPOSES; with said Ordinance being read the first time. A brief discussion followed in which Mayor Hubbell expressed a desire for the Board to adopt a policy next year, in which a waiver of the fee for an appropriate industry be considered. It was his personal feel- ing that he could not support this proposal unless, at least, there was some feeling among the Board that there may be an appropriate time to waive these fees. After the discussion, the rules were then suspended and the Ordinance placed on its second read- ing by a motion from Director Keith, seconded by Director Bussey, and unanimously adopt ed 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 a motion was made by Director Shackelford, seconded by Director Jones, 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 then 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, Lang- ston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was therefore, announced that the Ordinance had PASSED. A Public Hearing had been advertised for this time and place regarding a Memo- randum of Intent between the City of Little Rock, Arkansas and Brandon Furniture Company, Inc. pertaining to the issuance.of Act 9, Industrial Development Revenue Bond: for financing the costs of acquiring, constructing, reconstructing and equipping industrial facilities. Mayor Hubbell declared the Public Hearing open and invited those who wished to address the issue to do so. Mr. Doug Brandon of Brandon Furniture Company, Inc., presented a drawing of the proposed construction project and explained the development plan. He stated the project will be a good tax improvement with no ' cost to the City. He also advised there is no intention to close the store downtown, only the corporate headquarters will be moved to the new location. Attorney John Echo. representing the Brandon Company was present to answer questions. Mr. Craig Berry of 505 East 7th Street, was the only person speaking in opposition to the Bond Project. He questioned the merits of using Act 9 Bonds for a project of this type. He filed a Memorandum and notes from various publications regarding revenue bonds, with the City Clerk. Mayor Hubbell, Directors Jones, Langston and Bussey then expressed intent to adopt a policy regarding Act 9 Bonds at the first of the year. There was no further discussion and the Hearing was declared closed. (See Resolution No. 6,485 below) There was presented Resolution No. 6,485, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND BRANDON FURNITURE COMPANY, INC., PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCT ' AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; ($3,000,000) and the Resolution was read in its entirety. A motion was then made by Director Keith and seconded by Director Morse, which resulted in a roll call vote whereby the Reso- lution was adopted as herein described: Ayes - Directors Keith, Langston, Morse, DECEMBER 16, 1980, Cont'd. Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. An Ordinance had been placed on the Official Agenda, entitled: AN ORDINANCE ESTABLISHING PLANNING CONTROL AND REGULATING ENGINEERING, CONSTRUCTION mi AND MAINTENANCE ACTIVITIES CONDUCTED WITHIN THE PUBLIC RIGHTS -OF -WAY; AND DECLARING AN EMERGENCY. At the request of City Manager Mahlon A. Martin, the Ordinance was with- drawn from the Agenda and deferred until January 20, 1980. Presented at this time was Ordinance No. 13,956, described as: AN ORDINANCE AUTHORIZING THE REVOCATION OF THE TAXICAB OPERATOR PERMIT HELD BY MR. ED STRICKLAND; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance, followed by a motion from Director Langston to suspend the rules and place the Ordinance on its second reading. The I motion was seconded by Director Keith, adopted by unanimous vote of the Board Members i 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 I � I suspended to allow for the third and final reading of the Ordinance by a subsequent ��I• motion made and seconded by Directors Keith and Morse, respectively, and unanimously u ' i 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 the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Under "J" Citizen Communications, Mr. Charles Dailey of 1504 Marshall Street to the Board of Directors suggesting that taxicab fares be reduced per zone for persons going to church, medical or dental facilities. He also mentioned that several persons have been injured from falls at the 13th Street Bridge site and questioned when con- struction would begin on the new bridge. City Manager Mahlon A. Martin advised Mr. Dailey that the contract has been awarded, but availability of steel had caused a delay; however, delivery is now expected within thirty days. In the meantime, fencing ' has been purchased for the site. City Manager Mahlon A Martin presented a memorandum to the Board of Directors regarding clarification of holiday pay policy for uniformed personnel. After brief discussion, it was decided to discuss this matter at the December 31, 1980 Agenda Session. At this point in the meeting (10:15 P. M.) a Motion was made by Director Bussey, seconded by Director Keith, to recess to executive session and discuss appointments to Boards and Commissions. A roll call was taken on the Motion which was adopted as follows: Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford and Jones - total 6; Noes - Mayor Hubbell - total 1; Absent - None. The Board of Directors reconvened in the Board Chamber at 11:00 o'clock P. M. with the following answering roll call: Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director- Jones - total 7; Absent - None. i,l i DECEMBER 16, 1980, Cont'd. Resolution No. 6,486 was the last matter to be considered and entitled: ' A RESOLUTION MAKING APPOINTMENTS TO THE LITTLE ROCK REGIONAL AIRPORT COMMISSION AND THE LITTLE ROCK PORT AUTHORITY; AND FOR OTHER PURPOSES; (Airport - Mrs. Lyda Holt Samuel; Port Authority - Mr. William L. Cravens) and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Keith, seconded by Director Morse, and by the following roll call vote:— Ayes - Directors Keith, Langston, Morse, Bussey, Shackelford, Mayor Hubbell and Director 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 Keith, seconded by Director Morse, the meeting was adjourned at 11:05 o'clock P. M. sine die. ATTEST: APPROVED:000 ' City Clerk Mayor * * * * * * * * * * * * '110 I Board of Directors Chamber i Little Rock, Arkansas I January 6, 1981 - 7:00 P. M. ' ij The Thirteenth 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 ,j January 1, 1981; with City Attorney R. Jack Magruder presiding as temporary Chairman I 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 I and Directors - elect: Director A. M. "Sandy" Keith, Position No. One; Director John Langston, Position No. Two; Director -elect Gale F. Weeks, Position No. Three; Director j Charles Bussey, Position No. Four; Director -elect Lottie L. Shackelford, Position No. Five; Director -elect Webster L. Hubbell, Position No. Six; and, Director -elect Myra Jones, Position No. Seven; Absent - None. i It was announced that a quorum was present and the following is an account of ' j �I 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, 1981 by the Honorable Richard B. Adkisson, Chief Justice of the Arkansas Supreme Court: Director Gale F. Weeks, Position No. Three; Director Lottie L. Shackelford, Position No. Five; Director Webster L. Hubbell, Position No. Six; and, Director Myra Jones, Position No. Seven. Upon motion of Director Keith, seconded by Director Langston, and by unanimous vote of the Board Members present, said Oaths were received and filed. It was stated by Chairman Magruder 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 i in nomination the names of nominees to serve as Mayor for a two -year term. The only name to be placed in nomination was that of Director Webster L. Hubbell, by motion of Director Bussey, seconded by Director Keith. There were no other nominations and a subsequent motion was made by Director Keith, seconded by Director Bussey, that Director Hubbell be elected by acclamation. The motion was adopted by unanimous viva voce vote of the Board of Directors present and Chairman Magruder declared that Director Webster L. Hubbell had been elected to serve a term of two years as Mayor of I the City of Little Rock, Arkansas, beginning at this time and ending December 31, 1982. The election of the Assistant Mayor, sometimes referred to as Vice Mayor, was j then in order and upon motion of Director Bussey, seconded by Director Keith, the name of Director Lottie L. Shackelford was placed in nomination. Also placed in ji nomination was the name of Director Charles Bussey, by motion of Director Keith, seconded by Director Weeks. At this point, Director Shackelford announced that she would decline the nomination since she had polled other members of the Board and determined that Director Bussey had enough votes to be elected; therefore, she with- drew her name from nomination. After the statement by Director Shackelford, a motion ' followed from Director Keith, seconded by Director Weeks, that Director Bussey be elected Assistant Mayor by acclamation. The motion was adopted by viva voce vote of the Board of Directors present and Mayor Hubbell then declared that Director Bussey Assistant t had been elected to serve a two -year term as /Mayor of the City of Little Rock, Arkansalsl iii I JANUARY 6, 1981, Cont'd. beginning at this time and ending December 31, 1982. This being the first meeting of the Thirteenth Board of Directors since the sine die adjournment of the Twelfth Board of Directors on December 16, 1980, it was declared that the purpose of this organizational meeting had been accomplished and the Thirteenth Board of Directors of the City of Little Rock had been duly convened and organized. Upon motion of Mayor Hubbell, seconded by Director Bussey, the new Board of Directors of the City of Little Rock, Arkansas adjourned at 7:20 o'clock P. M., to meet again in regular session immediately following this organizational meeting. ATTEST: 4 Qii'LQ, 1C-V City Clerk APPROVED i * * * * * * * * * * * * Mayor Board of Directors Chamber Little Rock, Arkansas January 6, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors were present: Directors Keith, Langston, Weeks, Bussey, Shackelford and Jones - total 6; Absent - None. There being a quorum present, it was so announced, and the following proceedings occurred: The Invocation was given by Director Keith. The first matter to be presented was a joint public hearing between the Board of Directors and Little Rock Planning Commission on the application for rezoning (Z- 2848 -E) a tract of land containing 2.88 acres, more or less, from "R -4" Two - family District to "MF -6" Multi - family District. Said property contains a long legal description and is located on the west side of Hinson Road immediately north of Hillsborough Subdivision, ' and is owned by Floyd Fulkerson. With the public hearing having been duly published for this time and place, Mayor Hubbell declared the public hearing open. There was no one present to address the issue but, Mr. Richard Massey, Chairman of the Planning Commission announced that nine members of the Planning Commission were present, constituting a quorum, from a membership of eleven; and that the Commission had voted unanimously in favor of the rezoning to "MF -6" Multi - family District. Mr. Nathaniel Griffin, Director of Comprehensive Planning spoke briefly on the matter stating that the density requirements are covered, and that the Staff endorses the project. He further advised that Mr. Fulkerson has filed an agreement regarding transfer of develop- ment rights with the total residential unit density on both sides being limited to a maximum of three per gross acre. There was no further discussion, Mayor Hubbell declared the public hearing closed and Ordinance No. 13,957 was placed on first reading entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON HINSON ROAD IMMEDIATELY NORTH OF HILLSBOROUGH SUBDIVISION IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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, seconded by Director Jones, 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 then read the second time. A subsequent motion was made at this time by Director Jones, seconded by Director Keith, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was adopt by unanimous vote of the Board Members present, being seven in number and two - thirds o 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 - Directors Keith, Langston, Weeks, , Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Mayor Hubbell then declared the Ordinance PASSED and thanked the Planning Commission for attending the meeting. JANUARY 6, 1981, Cont'd. A Resolution commending Mr. Jan B. Carter for thirty years service to the City of Little Rock had been placed on the Agenda, but was deferred until January 20, 1981. Presented next for consideration were the Consent Items, described as follows: (a) The Minutes of the previous meeting held December 16, 1980. (b) A Report of the Plan of Improvement of the Mabelvale- Alexander Sewer Improvement District No. 142 of Little Rock, Arkansas. (c) Resolution No. 6,487, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR EXPANSION AND RENOVATION OF THE ZOO CONCESSION BUILDING, FOR TRAFFIC SUPPLIES FOR THE CITY STREET DEPARTMENT AND FOR THE ANNUAL CONTRACT FOR READY -MIX CONCRETE, CEMENT, SAND AND STONE; DECLARING AN EXCEPTIONAL SITUATION, WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE PURCHASE OF ONE HUNDRED SINGLE METER PARKING METERS AND FOR OTHER PURPOSES. (d) Resolution No. 6,488, with the title being: A RESOLUTION AUTHORIZING THE PARTICIPATION BY EMPLOYEES OF THE LITTLE ROCK PORT AUTHORITY IN THE RETIREMENT PLAN FOR NON - UNIFORMED EMPLOYEES; AND FOR OTHER PURPOSES. (e) Resolution No. 6,489, described as: A RESOLUTION ACCEPTING THE DEDICATION OF SIX LOTS FOR PARK AND FLOODWAY PURPOSES; COMMENDING JESSICA R. ROONEY FOR HER DONATION; AND FOR OTHER PURPOSES. (f) Resolution No. 6,490, containing the following title: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE IN BLOCK 322, ORIGINAL CITY ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS (January 20, 1981). (g) Resolution No. 6,491, entitled: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE GARFIELD (PLATTED AS MCKINLEY)STREET BETWEEN WEST 12TH STREET AND SOUTH 153' IN COX'S SUBDIVISION ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS (January 20, 1981). By motion of Director Langston, seconded by Director Jones, 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 Report on the Plan of Improvement for the Mabelvale- Alexander Sewer Improve- ment District No. 142 of Little Rock, Arkansas was received and filed; and (c, d, e, f and g) Resolutions No. 6,487, 6,488, 6,489, 6,490 and 6,491 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. Zoning Petition No. Z -3559 was the next presentation, having been submitted by James Lasley, Trustee for Alexander Properties, to rezone the Northwest corner of Alexander and Sardis Roads (long legal description) from "R -2" Single - family District to "I -1" Industrial Park District, "0-3" General Office District and "C -2" Shopping Center District. The Planning Commission approved the application on December 9, 1980 and there being no one present to oppose the proposal, Ordinance No. 13,958 was presented, entitled: V/ JANUARY 6, 1981, Cont'd. G, AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE NORTHWEST CORNER OF ALEXANDER AND SARDIS ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; �I and there was a first reading of the Ordinance. A motion was then made by Director !j Bussey, which was seconded by Director Langston, that the rules be suspended and the �? Ordinance be laced on second reading; g; with the motion being unanimously adopted by i 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 second time, resulting in a motion made by Director Bussey and seconded by Director Shackelford, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by 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; with the outcome being a third and !h ` 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, ij Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Mayor Hubbell then announced that the Ordinance had PASSED. ' The three following Zoning Applications were presented at this time: Z -3597 - From A. Dan Phillips to rezone property at the S/W corner of Highway 10 at Rodney I it Parham Road (long legal description) from "R -2" Single - family District to "0-3" General I Office District; Z -3601 - From Charles Taylor to rezone property at the S/W corner of it Highway 10 and Rodney Parham Road (30,677 sq. ft.) from "R -2" Single - family District to "0 -3" General Office District; and Z -3617 - From J. A. Ramer, Real Estate Represent- ative, Safeway Stores, Inc. to rezone property at the S/W corner of Rodney Parham Road and Highway #10 (long legal description) from "R -2" Single - family District to "0 -3" �i General Office District. The Planning Commission approved the applications on December 9, it 1980 and there being no one present to oppose the proposal, Ordinance No. 13,959 was presented, entitled: j AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE SOUTHWEST CORNER OF RODNEY PARHAM ROAD AND ARKANSAS HIGHWAY #10 IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING I SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; y with the Ordinance being read the first time. The rules were then suspended and the j� Ordinance placed on its second reading, by a motion from Director Bussey, seconded by i � Director Keith and unanimous) adopted b the Board Members y p y present, being seven in number and two - thirds or more of the members of the Board of Directors - elect. There 1 was a second reading of the Ordinance, after which there was a subsequent motion made by Director Bussey, seconded by Director Langston, to again suspend the rules and place N the Ordinance on its third and final reading. The motion was adopted by a 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 llast time, followed by an Aye and No Vote on the passage of the Ordinance with the response being: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was ' then declared PASSED. i The following Zoning Applications were considered next, as approved by the Y Planning Commission: J I. ' I�, JANUARY 6, 1981, Cont'd. Z -3596 - From Gerald Turner for Clint & Ina Chandler to rezone the N/E corner of I -30 and Warehouse Road at 8434 New Benton Highway, from "R -2" Single - family District to "C -3" General Commercial District. ' Z -3599 - From Ed Moody for Mrs. D. J. Haney to rezone 4 acres at the S/E corner of Hinson Road and Napa Valley Drive (long legal description) from "R -2" Single - family District to "0-2" Office and Institutional District. Z -3600 - From Joe Kirkland to rezone property at the N/W corner of 51st Street and Mabelvale Pike (long legal description) from "R -2" Single - family District to "C -4" Open Display District. Z -3602 - From Tom Ferstl for Kaufman Lumber Company to rezone Lots 1, 2 & 3, Block 28, C. O. Brack's Addition (S /W corner of Mary and Brack Streets) from "R -3" Single- family District to "C -3" General Commercial District. Z -3606 - From W. F. Rector, Jr. for W. L. Muller to rezone 1 acre on south side of Rainwood Road 210 feet west of Merrill Drive, from "R -3" Single - family District to "C -3" General Commercial District. Z -3607 - From Terry Moore for Terry Moore & Associates to rezone 4.25 acres at ' the S/E corner of Executive Park Office Development located approximately in the 10,40 block of West Markham Street (long legal description) from "R -2" Single - family Distric to "0-3" General Office District. Z -3610 - From Frank Bittner for Bittner Refrigeration Company to rezone 26,600 square feet west of Mabelvale Pike on a private drive near Phelps Fan Company (long legal description) from "R -2" Single- family District to "I -2" Light Industrial Distr Z -3613 - From Sharon Cain for Fausett & Company to rezone 10 acres in the NE;, NE;, SWa, Section 5, T -1 -N, R -13 -W (long legal description) in vicinity of Nix Road and Rock Creek Area, from "R -2" Single - family District to "MF -18" Multi- family Distr As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first (See Ordinance No. 13,960 as follows) Ordinance No. 13,960 was presented, entitled: ' AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKAN AMENDING SECTION 43 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 Shackelford seconded by Director Bussey, 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 - 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 by Director Bussey to again suspend the rules and place the Ordinance on thir and final reading; which motion was seconded by Director Jones, and adopted by un- animous 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langsto ' Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes — None; Absent - None; Whereupon, the Ordinance was declared PASSED. At this point in the meeting Mayor Hubbell presented Certificates of Appreciation to Mr. Winthrop Paul Rockefeller of the Rockefeller Foundation, Mr. David J. Jones, President of Channel 4 Television, and Mr. John A. Scott, President of the Gannet JANUARY 6, 1981, Cont'd. Foundation in recognition of over $40,000 contribution for a privately funded study on improving Ambulance Service and Emergency Medical Service in the City of Little Rock. An application, for Conditional Use Permit was presented from Lloyd McKinley to allow a duplex at 5415 "C" Street, described as Lot 2, Block 16, Pfeifer's Addition in "R -3" Single - family District. With there being no opposition presented to the proposa Ordinance No. 13,961 was placed on first reading, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 5415 "C" STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion was then made by Director Langston, 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 seven in number and two - thirds or mor of the members of the Board of Directors- elect. The Ordinance was subsequently read the second time, resulting in a motion made and seconded by Director Shackelford and Mayor Hubbell, respectively, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by 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; 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, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Mayor Hubbell then announced that the Ordinance had PASSED. A Rezoning Application was presented under the Conversion Strategy Adjustment procedure as reviewed by the Planning Commission: Z -3586 - From Jim Finch for McKay & Company, et al, to rezone the N/W Corner of Kanis and Barrow Roads (Tract 2, long legal description) from "0-3" General Office District to "C -3" General Commercial District, which was deferred from the December 5, 1980 Board Meeting. Mr. Jim Finch was present to answer any questions Board Members might have. Director Jones asked Mr. Finch if the purpose of the conversion here was to have the right to build a facility that was then allowed under "0 -3" which was the medical laboratory? Mr. Finch replied that the purpose is to restore as many of the rights lost as possible when the new Zoning Ordinance was adopted. A discussion ensue in which Mayor Hubbell advised Mr. Finch that City Attorney Jack Magruder had prepared an Ordinance amending the Zoning Ordinance regarding Use Regulations. Mayor Hubbell requested that Mr. Magruder explain the provisions of the Ordinance. City Attorney Magruder stated, "let me make it clear that in light of the fact that there was not an abundance of applications on this, I do not necessarily have a preference; you have tw options; you can leave the Ordinance as it is which in my judgment, would allow the conversion; or pass an amendment to allow those uses in the old Ordinance to be allowe under "0 -3." By passing the amendment you would do away with the need for a conversio in this instance. It is really a policy judgment on the part of the Board. If the amendment is considered, then a public hearing would need to be held and this matter delayed." Mr. John McKay responded that he was opposed to a delay and that some sixty three other conversions had been made and felt that his should be granted also. Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that only twelve of the (Z -3616) JANUARY 6, 1981, Cont'd. other conversions had required upzoning adding, "we are looking at undeveloped property I i and there is a very fundamental difference." There was no further discussion and. r Ordinance No. 13,962 was presented, containing the following caption: i AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE NORTHWEST CORNER OF KANIS AND Ali BARROW ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 from Director II Keith, seconded by Director Bussey, 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 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.' A motion was then made for a further suspension of the rules to provide for the third Il I I and final reading of the Ordinance at this time; with the motion being made by Director i Keith, again seconded by Director Bussey, and unanimously adopted by members of the I 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 being taken on the question, Shall the Ordinance Pass, III and the vote is herein recorded as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent i i None. The Ordinance was then declared PASSED. Rezoning Application Z -3590, under the Conversion Strategy Adjustment was the next presentation, as reviewed by the Planning Commission. The request was by Don R. Venhaus for William R. Marks to rezone Lots 64 & 49 of West Highland Subdivision to the City of Little Rock, Arkansas, located at the N/W corner of Kanis and Shackleford{' I i Roads, from "0-3" General Office District to "C -3" General Commercial District. This request was discussed along with Z -3586, being the same type of conversion proposal. �I�I �I Ordinance No. 13,963 was then presented, containing the following caption: I, AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE NORTHWEST CORNER OF KANIS AND SHACKLEFORD ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 Bussey, seconded by Director Langston, to suspend the rules and place the Ordinance on second 4' reading. The motion was unanimously adopted by members of the Board of Directors I'I 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 III, was made by Director Keith to suspend the rules and place the Ordinance on third and I final reading; which motion was seconded by Director Langston, and adopted by un- animous 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 ali third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston) Weeks and Bussey - total 4; Noes - Director Shackelford, Mayor Hubbell and Director Jones - total 3; Absent - None. Therefore, the Ordinance was declared PASSED. At 8:30 o'clock P. M. Mayor Hubbell declared a ten minute recess and at 8:30 o'clock P. M., the Board of Directors reconvened with all Board Members answering roll call. �I The following Rezoning Applications were presented under the Conversion Strategy I JANUARY 6, 1981, Cont'd. Adjustment procedure: Z- 2552 -A - From Lillie Mae Davis to rezone property on Forbing Road just west of University Avenue (long metes and bounds description) from "C -3" General Commercial to "C -4" Open Display District. Z- 3355 -A - From Jim Finch to rezone property on the N/W corner of Geyer Springs Road and Mabelvale Cutoff (long legal description) from "C -3" General Commercial District to "C -2" Shopping Center. Z -3605 - From Allan Curry for Shoney's Inc. to rezone " Shoney's" at Baseline Road just west of Safeway, from "C -3" General Commercial District to "C -4" Open Display District. Z -3608 - From George Walker for St. Paul Baptist Church to rezone 2603 Commerce Street, described as Lot 3, Block 4, Pettifer's Addition to the City of Little Rock, from "R -3" Single - family District to "C -3" General Commercial District. Z -3618 - From Tate Roberts for Beach Abstract, Trustee, to rezone 5700 Asher Avenue, from "C -3" General Commercial District to "C -4" Open Display District. There was no one present to speak in opposition to the reclassifications, but a motion was made by Director Langston, seconded by Director Keith, to amend "Z -3608 ' to reclassify from 'R -3' Single - family District to 'O -1' Quiet Office District." The motion was unanimously adopted by voice vote of the Board Members present and Ordinance No. 13,964 was presented for first reading with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKAN AMENDING SECTION 43 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 Bussey, seconded by Director Jones, 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 - 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 by Director Keith to suspend the rules and place the Ordinance on third and final reading; which motion was again seconded by Director Jones, and adopted by un- animous 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langst Weeks, Bussey, Shackelford, Mayor Hubbell and Director 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 an Appeal of the Planning Commission's denial on November 11, 1980 of Zoning Petition No. Z -3579, submitted by Mr. Van Melson, the owner, requesting the rezoning of propert described as Lots 4, 9 & 10, Block 150, John Barrow Addition to the City of Little Rock, from "R -3" Single - family District to "C -1" Neighborhood Commercial District. Mayor Hubbell declared the Public Hearing open and Mr. Christopher Barrier, Attorney for the applicant, requested that the Board of Directors defer the request for sixty days and request the Staff to make recommendations as to what should be done with ' 36th Street. Mr. Charles Rhodes of 3108 Potter Street, was present and told the Board, "our preference is for the neighborhood to remain residential and will request the Board Members to look at this property. We do not want John Barrow Road to become another Rodney Parham or Geyer Springs Road." There was no further discussion and a V I X483 JANUARY 6, 1981, Cont'd. motion was made by Director Jones, seconded by Director Langston, to defer the public I hearing and consideration of the Ordinance for sixty days. The motion was unanimously i adopted by voice vote of the Board Members present and Mayor Hubbell advised Mr. Rhodes ' that his group will be notified when the matter is continued. Another Public Hearing had been scheduled for this time and place to hear arguments] on an Appeal of the Planning Commission's denial on October 28, 1980 of Zoning Petition) No. Z -3536, submitted by Mr. Pete Hornibrook for Fred Wright and Carolyn Mabrey, requesting the rezoning of 3700, 3704 and 3714 Capitol Avenue, described as Lots 4, 5 & j 6, Plateau Addition to the City of Little Rock, Arkansas, from "R -3" Single - family District to "MF -24" Multi- family District. The Public Hearing was declared to be open �! and Mayor Hubbell invited those wishing to address the matter to come forward. Attornd i Christopher Barrier was the first to speak and requested that the appeal be deferred �II for thirty days in order to explore the Planning Commission's replatting proposal. Mr. David Elms of 118 Brown Street, a property owner in the area voiced opposition to deferral and presented a petition signed by property owners residing in the Woodruff School Community Development Block Grant Program Area, asking that the property locate6 at the northwest corner of West Capitol and Maple Streets remain single - family use. jl Mrs. Dorothy Pilochowski, 2612 West 6th Street stated that she is against a plan to develop a huge complex to taint the neighborhood. Attorney Christopher Barrier responded to the comment saying that quality development would be preferable to vacant land. Upon question by Director Bussey, Mr. Elms said he had no objections to duplex use of the property. There was no further discussion and a motion was made by Director Bussey, seconded by Mayor Hubbell to defer the request for thirty days and a roll call was taken on the motion with the results recorded as follows: Ayes - Directors Bussey and Shackelford - total 2; Noes - Directors Keith, Langston, Weeks, Mayor Hubbell jl �u and Director Jones - total 5; Absent - None. With the motion having failed, Mayor Hubbell declared the Public Hearing closed and a proposed Ordinance was presented, witti6 the title being: Ip AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 3700 CAPITOL AVENUE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 from Director Langston, seconded I„ i 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 I, was a second reading of the Ordinance, after which there was a subsequent motion made i by Director Shackelford, seconded by Director Langston, to again suspend the rules and 'I d place the Ordinance on its third and final reading. The motion was adopted by a 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 L and last time, followed by an Aye and No Vote taken on the passage of the Ordinance with the response being: Ayes - None; Noes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Absent - None. It was announced that the Ordinance had FAILED of passage. There was presented Ordinance No. 13,965, entitled: i' I! AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY THE OWNERS OF EACHI' OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND WITHIN MABELVALE- ALEXANDER SEWER (I, IMPROVEMENT DISTRICT NO. 142 OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; i - r _4 �1 JANUARY 6, 1981, Cont'd. which Ordinance was read the first time. It was then stated that the Assessment of Benefits on individual property owners within the boundaries of said Improvement District had been filed in the office of the City Clerk on December 17, 1980, and I� that notice thereof had been duly published on December 23, 1980 and December 30, 1980, II and that no protests had been presented. Mr. Jack Williams, Attorney for the Improve- r ment District, also advised the Board of Directors that no protests to the said assessment of benefits had been received by him. Director Keith then moved that the 1, i 1, rules be suspended and the Ordinance be placed on second reading, which motion was lseconded by Director Jones, and 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 it of the Board of Directors - elect. The Ordinance was read the second time; 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 motion of II Director Langston, seconded by Director Keith, the rules were again suspended and I '.v the Ordinance was read the third and last time. The Aye and No vote was then taken upon the question, Shall the Ordinance Pass, the result being as follows: Ayes - I� Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A proposed Ordinance had been placed on the Official Agenda to annex property abutting the southwest corner of the intersection of Hardin and Hermitage Roads iV (Lot 37, West Highland Subdivision, Pulaski County). The proposed annexation was removed from the agenda and no action will-.bb taken ?until the zoning of the property is placed on the Agenda for consideration. Ordinance No. 13,966 was presented, entitled: 1 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; (A tract of land containing 142.60 acres, more or less, located at the S/W corner of the intersection of Shackleford and Kanis Roads - Court Order dated November 24, 1980) 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 Langston, seconded by ' Director Keith, 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, there was a subsequent motio by Director Keith that the rules be suspended and the Ordinance be placed on third and final reading. Director Bussey seconded the motion which was adopted by unanimous vote i Ij 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 third and last reading of i 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, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; i Absent - None. Mayor Hubbell then announced that the Ordinance had PASSED. Zoning Application Z -3592, from Mr. Jim Hathaway for Dr. Wesley Wise, to rezone 142.6 acres at the S/W corner of Shackleford and Kanis Roads (long legal description) ' from "AF" Agriculture and Forestry District to "OS" Open Space, "C -2" Shopping Center, "0 -2" Office and Institutional, "0 -3" General Office, "MF -6" Multi- family and "R -2" i� Single - family Districts was the next presentation. The application received the approval of the Planning Commission on November 11, 1980. There was no opposition or IV JANUARY 6, 1981, Cont'd. discussion and an Ordinance granting the rezoning was placed on first reading. (See Ordinance No. 13,967 as follows) Introduced was Ordinance No. 13,967, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SHACKLE- FORD AND KANIS ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 a motion by Director Langston, seconded by Director Keith, 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 - 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 by Director Keith, to again suspend the rules and place the Ordinance on thin and final reading; which motion was seconded by Director Bussey, and adopted by un- animous 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langst Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Presented at this time was Ordinance No. 13,968, described as: AN ORDINANCE APPROPRIATING $849,000 FROM THE 1977 CAPITAL IMPROVEMENT FUND; APPROPRIATING $90,303.00 FROM THE GENERAL REVENUE SHARING FUND; ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE CITY'S COMMUNICATIONS SYSTEM; AND FOR OTHER PURPOSES; and there was a first reading of Weeks stated that he previously there had been some problem with him with a copy of the proposal, Upon question by Director Weeks, the requ the and Mr. Ordinance. A ;steel a little bids. He sta asked several Melvin White, discussion ensued in which Director time to review the proposal, since Led the City Manager had provided questions regarding the system. Director of General Services, said IIIIIII he sees no security risks with the Cable TV Circuit. At this point, City Manager Mahlon Martin explained that no decision has yet been made to go with cable rather telephones, and requested the Board to proceed with awarding the contract. After Director Weeks' questions were responded to by Mr. Martin and Mr. White, the rules wer then suspended and the Ordinance placed on its second reading by a motion from Directo Langston, 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 a sub- sequent motion from Director Shackelford, seconded by Director Jones, that the rules b further 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, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. V JANUARY 6, 19811 Cont'd. The next presentation was Ordinance No. 13,969, containing the following title: AN ORDINANCE AMENDING ORDINANCE NO. 13,955 TO ESTABLISH CONTINUING ADMINISTRATIVE FEES TO BE IMPOSED IN ADDITION TO THE INITIAL FEES PREVIOUSLY ESTABLISHED BY ORDINANCE !I NO. 13,955 FOR ACT 9 INDUSTRIAL DEVELOPMENT BOND ISSUES AND AMENDMENT 49 INDUSTRIAL � ' DEVELOPMENT BOND ISSUES; AND FOR OTHER PURPOSES; I with the Ordinance being read the first time. A motion was made by Director Keith, I seconded by Director Bussey, to suspend the rules and place the Ordinance on its second reading 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 I reading of the Ordinance, after which there was a subsequent motion again made by Director Bussey, seconded by Mayor Hubbell, to again suspend the rules and place the iOrdinance on its third and final reading. The motion was adopted by a unanimous vote I i of the Board Members present, being seven in number and two - thirds or more of the I members of the Board of Directors - elect. The Ordinance was then read the third and I ! last time, followed by an Aye and No Vote taken on the passage of the Ordinance with the response being: Ayes - Directors Keith, Langston, Weeks, Shackelford and Jones - I total 5; Noes - Director Bussey and Mayor Hubbell - total 2; Absent - None. ' !� I, M The Emergency Section contained in Section 2 of the foregoing Ordinance was then I read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Shackelford and Jones - total 5; Noes - Director Bussey and Mayor Hubbell - II total 2; Absent - None. Mayor Hubbell then announced that the Ordinance, together i with the Emergency Section, had PASSED. A Public Hearing had been advertised for this time and place, upon the question of issuance of Act 9 Industrial Development Revenue Bonds for Archer - Daniels - Midland li Company. The public hearing was declared open by Mayor Hubbell, who invited speakers I i �I to come forward. There was no one present who wished to oppose the issue, the public hearing was declared closed and an Ordinance authorizing the issuance of the bonds j was placed on first reading. (See Ordinance No. 13,970 below) Ordinance No. 13,970 was presented, entitled: M 'I AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A , TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LOAN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND ARCHER- DANIELS- MIDLAND COMPANY; AUTHORIZING THE SALE OF . THE BONDS AND THE EXECUTION OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; �I AUTHORIZING AND,PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; ($6,750,000) 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 I� seconded by Director Shackelford 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 made by Director Keith, again seconded by Director Shackelford, for a further suspension of the rules to permit the third and last 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. I The third and last reading of the Ordinance resulted in an Aye and No Vote taken on the I, IV on PROJECT; AND FOR OTHER PURPOSES; ' (_$25,000 reprogrammed from the 6th Year Sidewalk Reconstruction Project in the Central High School Area) and the Resolution was read in its entirety. A motion was 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 - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. A Motion was made at this time to authorize the Mayor to write a letter to Senators David Pryor, Dale Bumpers and Representative Ed Bethune, of Arkansas, request ing more information concerning the site of the federal Job Corps Center, currently proposed for the Red Carpet Inn located at 21st Street and Interstate 30. The Motion by Director Jones, followed a discussion regarding the matter which had been placed on the Agenda in the form of a Resolution requesting the Arkansas Congressional Delegatio to "investigate" the site. Director Jones stated that a Resolution calling for an ' investigation was more threatening than requesting information by letter. Director Jones further commented, "I am not opposing it, I'm just asking for information." The motion by Director Jones was seconded by Director Langston, and ADOPTED by the follow- ing roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. passage of the Ordinance and described as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 12 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. Introduced next was Ordinance No. 13,971, containing the following caption: AN ORDINANCE APPROPRIATING $25,000.00 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR THE ROCK CREEK PARKWAY ALIGNMENT PROJECT; AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO MEHLBURGER, TANNER, RENSHAW AND ASSOCIATES FOR THE ROCK CREEK ALIGNMENT PROJECT; AND FOR OTHER PURPOSES; 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 Bussey, seconde< by Director Shackelford, and by unanimous 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. There was a second reading of the Ordinance and an ensuing motion that the rules again be suspended and the Ordinance placed on third and final reading, with the motion being made by Director Shackelford, seconded by Mayor Hubbell 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 Ordinance was then read the third and last time, resulting in an Aye and No Vote taken on the passage of the Ordinance, with the vote being recorded herein as follows: Ayes Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED There was presented Resolution No. 6,492, with the title being: A RESOLUTION AUTHORIZING AND APPROVING THE 20TH AND SCHILLER STREETS DRAINAGE PROJECT; AND FOR OTHER PURPOSES; ' (_$25,000 reprogrammed from the 6th Year Sidewalk Reconstruction Project in the Central High School Area) and the Resolution was read in its entirety. A motion was 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 - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. A Motion was made at this time to authorize the Mayor to write a letter to Senators David Pryor, Dale Bumpers and Representative Ed Bethune, of Arkansas, request ing more information concerning the site of the federal Job Corps Center, currently proposed for the Red Carpet Inn located at 21st Street and Interstate 30. The Motion by Director Jones, followed a discussion regarding the matter which had been placed on the Agenda in the form of a Resolution requesting the Arkansas Congressional Delegatio to "investigate" the site. Director Jones stated that a Resolution calling for an ' investigation was more threatening than requesting information by letter. Director Jones further commented, "I am not opposing it, I'm just asking for information." The motion by Director Jones was seconded by Director Langston, and ADOPTED by the follow- ing roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. JANUARY 6, 1981, Cont'd. The last presentation was Resolution No. 6,493, with the title being: A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S OFFICE TO INTERVENE ON BEHALF OF THE CITY IN THE CASE OF JIM MORRIS, ET AL. V. TORCH CLUB, ET AL., AND FOR OTHER PURPOSES; (Re: Mixed Drink Law) and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Keith, seconded by Director Langston, and by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbel and Director Jones - total 7; Noes - None; Absent - None. Two Resolutions had been placed on the Agenda regarding the Rock Creek Architectural Review Committee but, were withdrawn from the Agenda with no action being taken at this time. Under "J" Citizen Communications, Mr. Joe Ross was the only person to speak. He offered to purchase a lot located at 14th and Center Streets, owned by the City, for a price of $6,200.00 expressing intentions to build a solar- heated home. Mayor Hubbell thanked Mr. Ross for his interest but, advised him that the Staff expects to obtain a better price for the lot. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Keith, seconded by Director Langston, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:45 o'clock P. M. to meet again in regular session on Tuesday, January 20, 1981 at 7:30 o'clock P. M. ATTEST: (& APPROVED: 44cz City Clerk Mayor * * * * * * * * * * * * 1 fl I�� Board of Directors Chamber Little Rock, Arkansas ' January 20, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Weeks, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared to be present, and the proceedings of the meeting are recorded as follows: The first matter to be presented was a Resolution, No. 6,494, which did not contain a title, but commended Mr. Jan B. Carter for thirty years of service to the City of Little Rock as City Engineer and Director of Public Works. Mayor Hubbell presented the Resolution along with a bronze plaque, to Mr. Carter and a motion followed from Director Keith, seconded by Director Langston, that the Resolution as read, be adopted. A roll call vote was taken whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Consideration was then given to the Consent Items, described as follows: (a) The Minutes of the previous meeting held January 6, 1981. (b) The Comparative Statement of Income Account, Little Rock Municipal Water Works for the month of November, 1980. (c) The Audit Report of Oakland - Fraternal Cemetery ending October 31, 1980. (d) The 1980 Annual Report of Mount Holly Cemetery Association. (e) Resolution No. 6,495, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR A STREET SWEEPER; AND FOR OTHER PURPOSES. (f) Resolution No. 6,496, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE "0" STREET BETWEEN CANTRELL ROAD AND REBSAMEN PARK ROAD AND NORTH IN BLOCK 1, IN WEST ROCK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (g) Resolution No. 6,497, described as: A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN A DOCUMENT ENTITLED "ARKANSAS POWER & LIGHT COMPANY RIGHT OF WAY PERMIT" THEREBY GRANTING AN EASEMENT ACROSS GILLAM PARK; AND FOR OTHER PURPOSES. (h) A Motion to set the date for Public Hearing on February 3, 1981 for the 1981 -82 CDBG Application Process. (i) Resolution No. 6,498, containing the following caption: A RESOLUTION ACCEPTING THE DEDICATION OF THE SOUTH ONE -HALF OF AN ISLAND ON FAIR PARK BOULEVARD SOUTH OF WEST TWELFTH STREET; COMMENDING HARRY HASTINGS AND HIS FAMILY FOR THE DEDICATION OF THE ISLAND; AND FOR 11111 OTHER PURPOSES. (j) Resolution No. 6,499, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE LITTLE ROCK WATER WORKS TO PROVIDE MATERIALS TO EXTEND A SIX INCH WATER LINE TO THE CLUBHOUSE AREA AT REBSAMEN PARK; AND FOR OTHER 49�` i I� i! JANUARY 20, 1981, Con t'd. — li li (k) Resolution No. 6,500, with the title being: I A RESOLUTION AUTHORIZING THE ADVANCE OF $60,000 TO BE USED FOR RECREATION FACILITIES FOR THE HANDICAPPED AT MURRAY PARK; AND FOR , )� I: OTHER PURPOSES. (1) Resolution No. 6,501, described as: A RESOLUTION EXPRESSING APPRECIATION TO INDIVIDUALS AND FIRMS i MAKING SPECIAL CONTRIBUTIONS TO THE CENTRAL ARKANSAS LIBRARY SYSTEM. (m) A Motion to set the date for Public Hearing on February 17, 1981, to consider an Ordinance revising the procedure for adjustment of sewer �i I' charges. (n) Resolution No. 6,502, containing the following title: A RESOLUTION TO URGE THE 73RD ARKANSAS GENERAL ASSEMBLY TO PROVIDE i MATCHING FUNDS FOR THE ZOO OF ARKANSAS. By motion.of Director Jones, seconded by Director Bussey, with all Board 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, c & d) The Comparative ,i Statement of Income Account of the Little Rock Municipal Water Works, the Oakland - it Fraternal Cemetery Audit Report and the Annual Report of the Mount Holly Cemetery Association were received and filed; (e, f & g) Resolutions No. 6,495, 6,496 and 6,497 were read in full and adopted by unanimous roll call vote; (h) Public Hearing was set on February 3, 1981 for the 1981 -82 CDBG Application Process; (i, j, k & 1) Resolutions No. 6,498, 6,499, 6,500 and 6,501 were read in full and adopted by unanimous roll call vote; (m) Public Hearing was set for February 17, 1981 for the consideration II I ` of an Ordinance to revise the procedure for adjustment of sewer charges; and (n) � Resolution No. 6,502 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. A Public Hearing had been scheduled by Resolution No. 6,490, and Notice thereof duly published on January 9, 1981 and January 16, 1981, on the petition from Dr. Crawford Mims, et al, to vacate and close the alley approximately 10 ft. wide running �. between 14th and 15th Streets in Block 322, Original City of Little Rock, as approved by the Planning Commission. Attached to the petition was a certification by Jacquetta IIAlexander, Pulaski County Circuit Clerk that there are no records of overall plats within this description, filed in the Circuit Clerk's Office. Also attached to the petition was a letter from the Beach Abstract and Guaranty Company listing the last owners of record to abutting property. Mayor Hubbell then declared the Public Hearing I I open and with no one present who wished to speak either for or against the proposal, I the Public Hearing was declared closed. (See Ordinance No. 13,972 below) � Ordinance No. 13,972 was presented, entitled: 1 AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 322, ORIGINAL CITY ADDITION i TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time,.followed by a motion by Director Shackelford., I seconded by Director Jones, 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 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 for a further suspension of the rules to provide for the third and last read - r I JANUARY 20, 1981, Cont'd. WEST 12TH STREET AND 153' SOUTH IN COX'S SUBDIVISION, ADDITION TO THE CITY OF LITTLE ROCK; and the Ordinance was read the first time. There was a motion made at this time;by Director Shackelford, seconded by Director Jones, 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 seven in number and two- thirds or more of the memb.ers.,of the Board of Directors - elect, with the second reading of the Ordinance following. A subsequent motion was again made by Director Shackelford, seconded by Director Jones, for a further suspension of the rules and the placing of the Ordinance ing of the Ordinance at this time; with the motion being again made by Director on third and final reading, with the motion being adopted by unanimous vote of the Shackelford, seconded by Director Jones, and 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. The Ordinance was read the third and last more of the members of the Board of Directors - elect. The third and last reading of time, and there was an Aye and No Vote taken on the passage of the Ordinance and recorded as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The Petition from the Trustees of the Unity Missionary Baptist Church was presented to vacate and close Garfield Street (platted as McKinley) from the South R/W of West 12th Street, thence South 153 feet. The Petition had received the approva of the Planning Commission. A Public Hearing had been scheduled for this time and place by Resolution No. 6,491, with Notice thereof having been duly published on January 9, 1981 and January 16, 1981, as required by Law. Mayor Hubbell then declared the public hearing open; however, there was no one present to speak either for or against the street closure and the hearing was declared closed. Therefore, an Ordi- nance to close the above - described street was placed on first reading. (See Ordinance No. 13,973 as follows) Ordinance No. 13,973 was then considered, with the title being: AN ORDINANCE VACATING AND CLOSING GARFIELD (PLATTED AS MCKINLEY) STREET BETWEEN WEST 12TH STREET AND 153' SOUTH IN COX'S SUBDIVISION, ADDITION TO THE CITY OF LITTLE ROCK; and the Ordinance was read the first time. There was a motion made at this time;by Director Shackelford, seconded by Director Jones, 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 seven in number and two- thirds or more of the memb.ers.,of the Board of Directors - elect, with the second reading of the Ordinance following. A subsequent motion was again made by Director Shackelford, seconded by Director Jones, for a further suspension of the rules and the placing of the Ordinance Ordinance Pass, with the vote being recorded herein as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 13,974 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; (300' x 300' square owned by the Turpin Family located at Hardin and Hermitage Roads, described as Lot 37, West Highland Subdivison, Pulaski County - Court Order dated October 20, 1980) 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 Directors Keith and Shackel- ford, respectively, which was adopted by unanimous 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. The Ordinance was read the second time; after which there was a sub- sequent motion from Director Keith, seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion on third and final reading, with 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 being taken on the question, Shall the Ordinance Pass, with the vote being recorded herein as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 13,974 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; (300' x 300' square owned by the Turpin Family located at Hardin and Hermitage Roads, described as Lot 37, West Highland Subdivison, Pulaski County - Court Order dated October 20, 1980) 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 Directors Keith and Shackel- ford, respectively, which was adopted by unanimous 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. The Ordinance was read the second time; after which there was a sub- sequent motion from Director Keith, seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously 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; 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, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total Noes - None; Absent - None. An announcement followed that the Ordinance had PASSED. Zoning Application Z -3440, from Edward, Kenneth and Clarence Turpin to rezone a 300' x 300' square located at the S/W corner of Hardin and Hermitage Roads, described as Lot 37, West Highland Subdivision to the City of Little Rock, Pulaski County, Arkansas from "AF" Agriculture and Forestry District to "0 -3" General Office District, was the next presentation. The application received the approval of the Planning Commission on February 26, 1980 and with no opposition or discussion, an Ordinance re- zoning the property was placed on first reading. (See Ordinance No. 13,975 below) Ordinance No. 13,975 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE SOUTHWEST CORNER OF HERMITAGE AND HARDIN ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 from Director Keith, seconded by Director Shackelford, and unanimously adopted by the Board Members present, being seve in number and two- thirds or more of the members of the Board of Directors - elect. Ther was a second reading of the Ordinance, after which there was a subsequent motion made by Director Keith, again seconded by Director Shackelford, 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 taken on the passage of the Ordi- nance with the response being: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. A Public Hearing had been advertised for this time and place regarding a Memo- randum of Intent between the City of Little Rock and Systematics, Inc., an Arkansas corporation, pertaining to the issuance of Act 9 Industrial Development Revenue Bonds. Mayor Hubbell declared the Public Hearing open and invited those who wished to address the issue to do so. There was no one present to oppose the proposal and the Hearing was declared closed. (See Resolution No. 6,503 below) Resolution No. 6,503 was presented with the title being: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK AUTHORIZING THE ENTRY INTO AN AGREEMENT TO ISSUE BONDS FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY WITHIN OR NEAR THE CITY; (Not to exceed $8,000,000) and after a complete reading of the Resolution, there was a motion by Director Bussey, seconded by Director Jones, for adoption of the Resolution. A roll call was taken and the Resolution was subsequently adopted as herein described: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. JANUARY 20, 1981, Cont'd. (Arkansas Valley Security) Introduced at this time was Ordinance No. 13,976, entitled: AN ORDINANCE APPROPRIATING $42,000 FOR POLICE VESTS FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND (CATEGORY "B ", STATE FUNDS); ACCEPTING BIDS AND AUTHORIZ- Keith, seconded by Director Shackelford, resulted in a roll call vote which adopted ING THE CITY MANAGER TO AWARD A CONTRACT FOR SAFETY POLICE VESTS; AND FOR OTHER PURPOSES; which Ordinance was read the first time. A motion followed from Director Keith, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. seconded by Director Langston, 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 AN ORDINANCE AMENDING ORDINANCE NO. 13,936 TO DELETE THE FIRST SENTENCE OF 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 Keith and Bussey, respectively and after the first reading of the Ordinance, a brief discussion followed in which 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 taken on the passage of the Ordinance with the resulting vote recorded as follows: Ordinance also. For the purpose of discussion, Director Langston seconded the motion Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Direct( Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Ayes - Director Keith - total 1; Noes - Directors Langston, Weeks, Bussey, Shackelfor, An Ordinance entitled, "An Ordinance appropriating $20,500 from the unappropriate, balance of the General Fund to be used for Municipal Court Salaries; And for other purposes ", was placed on the Official Agenda, but upon the request of City Manager failed, a subsequent motion was made by Director Shackelford that the rules be suspend Mahlon Martin, the proposed Ordinance was tabled for two weeks and no action was taken The next presentation was Resolution No. 6,504, described as: Director Jones, and unanimously adopted by members of the Board of Directors present, A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR SECURITY SERVICE FOR THE MATERIAL YARD; AND FOR OTHER PURPOSES; (Arkansas Valley Security) and there was a complete reading of the Resolution after which a motion by Director Keith, seconded by Director Shackelford, resulted in a roll call vote which adopted the Resolution by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Ordinance No. 13,977 was considered at this time containing the following caption; AN ORDINANCE AMENDING ORDINANCE NO. 13,936 TO DELETE THE FIRST SENTENCE OF SECTION 7 -38 WHICH ESTABLISHED AN ANNUAL BREEDER'S FEE; AND FOR OTHER PURPOSES; and after the first reading of the Ordinance, a brief discussion followed in which Director Keith made a motion that the $4.00 license fee for cats be deleted from the Ordinance also. For the purpose of discussion, Director Langston seconded the motion by Director Keith, and a roll call was taken with the results recorded as follows: Ayes - Director Keith - total 1; Noes - Directors Langston, Weeks, Bussey, Shackelfor, Mayor Hubbell and Director Jones - total 6; Absent - None. with the motion having failed, a subsequent motion was made by Director Shackelford that the rules be suspend ed to allow for the second reading of the Ordinance. The motion was seconded by Director Jones, 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 motion followed from Direct Jones, seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on third and final 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 494 XI JANUARY 20, 1981, Cont'd. third and last time, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the responding vote being: Ayes - Directors Langston, Weeks, l Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Abstaining - Director Keith - total 1; Absent - None. Therefore, the Ordinance was Y declared PASSED. I Considered at this time was Resolution No. 6,505, entitled: A RESOLUTION RECOMMENDING AND ENCOURAGING THE REORGANIZATION AND CONTINUED INDEPENDENT EXISTENCE OF THE ROCK CREEK ARCHITECTURAL REVIEW COMMITTEE; AND FOR OTHER PURPOSES; i and the Resolution was read in its entirety. A motion was then made by Director Jones, seconded by Director Shackelford, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Keith, Langston, Bussey ff I� Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Weeks - total 1; Absent - None. Resolution No. 6,506 was presented next, entitled: RESOLUTION OF THE CITY OF LITTLE ROCK, ARKANSAS APPROVING AND AUTHORIZING EASE- MENTS TO BE GRANTED IN FAVOR OF THE CITY OF LITTLE ROCK, ARKANSAS FOR THE USE AND BENEFIT OF THE SANITARY SEWER COMMITTEE; (Easements 11, 17, 23, 27, 29, 31, 34, 42, 47 and 48) and said Resolution was read in full, followed by a motion from Director Bussey, seconded by Mayor Hubbell, that the Resolution be adopted. A roll call was taken which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The next presentation was Resolution No. 6,507, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK APPROVING AND AUTHORIZING THE EXECUTION OF A WARRANTY DEED CONVEYING A CERTAIN TRACT OF LAND IN FAVOR I OF THE CITY OF LITTLE ROCK FOR THE USE AND BENEFIT OF THE SANITARY SEWER COMMITTEE FOR THE PURPOSE OF UTILIZING SAID TRACT OF LAND IN CONNECTION WITH THE PROPOSED PUMP STATION NO. 2 WHICH IS TO BECOME A PART OF THE PROPOSED FOURCHE SEWERAGE FACILITIES; with the Resolution read in its entirety. A motion was then made by Director Bussey, seconded by Mayor Hubbell, which resulted in adoption of the Resolution by the followin roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Resolution No. 6,508 was presented, described as: A RESOLUTION APPROVING THE IMPLEMENTATION OF AN ON- THE -JOB TRAINING PROGRAM i SPONSORED BY THE ARKANSAS EMPLOYMENT SECURITY DIVISION; APPROVING THE EXPENDITURE OF $40,000.00 FOR THE ON- THE -JOB TRAINING PROGRAM; AND FOR OTHER PURPOSES; I I, and a complete reading of the Resolution followed. There was a motion then made by Director Keith, seconded by Director Langston, which resulted in a roll call vote II whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Langst n, fWeeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. ` Appointments and reappointments to Boards and Commissions was the next order of business and Director Keith made a motion, seconded by Director Langston, that the Board of Directors go into executive session to consider the matter. A roll call was taken on the motion which resulted as follows: Ayes - Directors Keith and Langston - total 2; Noes - Directors Weeks, Bussey, Mayor Hubbell and Director Jones - total 4; �6 Abstaining - Director Shackelford - total 1; Absent - None. The motion FAILED and 1 JANUARY 20, 1981, Cont'd. the following Resolution was then presented, entitled: (Resolution No. 6,509) A RESOLUTION MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; (Zoning Board of Adjustment - George Wells & Richard Yada; Little Rock Parking Authorit Byron R. Morse; Arkansas Arts Center - Mrs. Mary Lynn Nelson; City Beautiful Commissic Elizabeth Jones, Sterling Cockrill, Sharon Priest and Mr. James Mauney; City Safety Commission - Mrs. Jeffie Cheatham, Bo Marshall and Mrs. Darnell Owens; Central Arkanse Library System Board of Trustees - J. P. Biggs and Fred Menz; Museum of Science & History Board of Trustees - J. A. McEntire, Mrs. Christine Olds, Mrs. Muriel Langston, Dr. Robert Ross, Charles Matthews, Betty Goodman, Mr. William Coleman and Frank Macke)e Metropolitan Services Study Commission - Robert Chowning, Mike Shaufele, Mrs. Grant Shockley, Jim Brandon, Tom McCray, Mark Stodola and Beadle Moore) and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Langston, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hub and Director Jones - total 7; Noes - None; Absent - None. The last matter to be presented from the Official Agenda was Resolution No. 6,510 with the title being: A RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS; AND FOR OTHER PURPOSES; (Advertising & Promotion Commission - Lottie L. Shackelford, A. M. "Sandy" Keith and Webster Hubbell; Metroplan - Webster Hubbell; Central Arkansas Transit Policy Board Gale F. Weeks and John Langston; PATS - Myra Jones; EOA - Lottie L. Shackelford and A. M. "Sandy" Keith; Firemen's Relief & Pension Fund - A. M. "Sandy" Keith; Municipal Judges' Retirement Board - Charles Bussey; and Policemen's Pension & Relief Board - John Langston) and the Resolution was read in its entirety. A motion was then made by Director Keith and seconded by Director Langston, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. After the adoption of the Resolutions making appointments and reappointments to Boards and Commissions, a brief discussion was held regarding Board representation on commissions such as the Airport, Water and Sewer Commissions. The Board decided to place a discussion item on the Tentative Agenda for January 28th regarding this subject. There being no further business to be presented or to come before the Board of Directors, upon motion of Directors Keith, seconded by Director Weeks, and by vote of the Board Members present, the meeting was adjourned at 8:45 o'clock P. M. to meet again in regular session on Tuesday, February 3, 1981 at 7:30 o'clock P. M. ATTEST: #rv- APPROVED: 4� /�!�' �w City Clerk Mayor Board -of Directors Chamber Little Rock, Arkansas _ February 3, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Weeks, Bussey and Shackelford - total 5 Absent - Director Jones - total 1. A quorum was declared to be present and the proceedings of the meeting are recorded as follows: The Invocation was given by Vice Mayor /Director Bussey. Presented first from the Official Agenda were the Consent Items, described as follows: (a) The Minutes of the previous meeting held January 20, 1981. (b) Resolution No. 6,511, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR VEHICLE FILTERS, AUTOMOBILE BATTERIES, OIL AND LUBRICANTS, AND EMERGENCY WARNING SIRENS AND EQUIPMENT; AND FOR OTHER PURPOSES. (c) Resolution No. 6,512, with the title being: A RESOLUTION SETTING THE DATE OF MARCH 17, 1981, FOR A PUBLIC HEARING ON THE SUBURBAN DEVELOPMENT PLAN; AND FOR OTHER PURPOSES. (d) Resolution No. 6,513, containing the following title: A RESOLUTION SETTING THE DATE OF MARCH 17, 1981, FOR A PUBLIC HEARING ON THE HEIGHTS /HILLCREST DISTRICT PLAN; AND FOR OTHER PURPOSES. By motion of Director Langston, seconded by Director Bussey, 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, c & d) Resolutions No. 6,511, 6,512 and 6,513 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackel- ford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Director Jones was enrolled. At this point in the meeting, Vice Mayor /Director Bussey presented members of the CETA Planning Council with certificates of appreciation signed by Mayor Hubbell and Vice Mayor Bussey, for their service on the planning council. The following application for a Conditional Use Permit was next presented, having received Planning Commission approval on January 13, 1981: Z- 2959 -C - From Systematics, Inc. to use property on the east side of approximatel, 3901 Rodney Parham Road, 1/8 mile south of Cantrell Road (long legal description) for on -site lodging of guests and trainees in "0 -2" District. No opposition was presented regarding the proposal and Ordinance No. 13,978 was presented, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT THE SOUTH- , EAST CORNER OF RODNEY PARHAM AND HIGHWAY 10, SETTING FORTH THE CONDITIONS THERETO; - 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 from Director Jones, seconded by FEBRUARY 3, 1981, Cont'd. Director Langston, 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 ' was a second reading of the Ordinance, after which there was a subsequent motion made by Director Jones and again seconded by Director Langston, to further 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 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 Ordinanc with the response being: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Director Bussey was excused. A Public Hearing had been scheduled by Resolution No. 6,496, and notice thereof duly published on January 23, 1981 and January 31, 1981, on the petition from Tommy Security Title Company, Inc. listing the last owners of record to abutting property. Mayor Hubbell then declared the public hearing open and with no one present who wished to speak either for or against the proposal, the public hearing was declared closed. (See Ordinance No. 13,979 below) Ordinance No. 13,979 was presented, entitled: AN ORDINANCE VACATING AND CLOSING "0" STREET BETWEEN CANTRELL ROAD AND REBSAMEN PARK ROAD AND NORTH OF BLOCK 1, WEST ROCK ADDITION TO THE CITY OF LITTLE ROCK; and said Ordinance was read the first time, followed by a motion by Director Shackel- ford, seconded by Director Jones, 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 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 for a further suspension of the rules to provide for the third and last reading of the Ordinance at this time; with the motion again being made by Director Shackelford, seconded by Director Jones, and unanimously adopted by the membe 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 there was an Aye and No vote taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total Mayor Hubbell then announced the Ordinance had PASSED. Introduced at this time was Ordinance No. 13,980, described as: AN ORDINANCE APPROPRIATING FUNDS FROM THE 1977 CAPITAL IMPROVEMENTS FUND FOR 111`111 (Allsopp, Gillam�,OHi Hindman, OtttenheimerEandUBennySCraig Parks) 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 Directors Jones and Shackel- ford, respectively, which was adopted by unanimous voice vote of the Board Members Wright and Gladys Bullard to vacate and close all of "O" Street between Cantrell Road ' and Rebsamen Park Rock, as approved Road and North of Block 1, West Rock Addition by the Planning Commission. Attached to the to the City of Little was a by petition plat Robert G. Lloyd, Land Surveyor with a notation that the Circuit Clerk of Pulaski Coun has no record of "O" Street. Also attached to the petition was a letter from the Security Title Company, Inc. listing the last owners of record to abutting property. Mayor Hubbell then declared the public hearing open and with no one present who wished to speak either for or against the proposal, the public hearing was declared closed. (See Ordinance No. 13,979 below) Ordinance No. 13,979 was presented, entitled: AN ORDINANCE VACATING AND CLOSING "0" STREET BETWEEN CANTRELL ROAD AND REBSAMEN PARK ROAD AND NORTH OF BLOCK 1, WEST ROCK ADDITION TO THE CITY OF LITTLE ROCK; and said Ordinance was read the first time, followed by a motion by Director Shackel- ford, seconded by Director Jones, 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 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 for a further suspension of the rules to provide for the third and last reading of the Ordinance at this time; with the motion again being made by Director Shackelford, seconded by Director Jones, and unanimously adopted by the membe 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 there was an Aye and No vote taken on the passage of the Ordinance which resulted as follows: Ayes - Directors Keith, Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total Mayor Hubbell then announced the Ordinance had PASSED. Introduced at this time was Ordinance No. 13,980, described as: AN ORDINANCE APPROPRIATING FUNDS FROM THE 1977 CAPITAL IMPROVEMENTS FUND FOR 111`111 (Allsopp, Gillam�,OHi Hindman, OtttenheimerEandUBennySCraig Parks) 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 Directors Jones and Shackel- ford, respectively, which was adopted by unanimous voice vote of the Board Members FEBRUARY 3, 1981, Cont'd. 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 Jones, seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously 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; 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 - Direc Keith, Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes None; Absent - Director Bussey - total 1 had PASSED. Director Bussey was re- enrolled. An announcement followed that the The next presentation was Ordinance No. 13,981, containing the following title: AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 13,931, WHICH AMENDED ORDINANCE NO. 13,930, FIXING AND IMPOSING THE AGGREGATE AMOUNT OF FEES, CHARGES AND SPECIAL TAXES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS, BY ARKANSAS POWER AND LIGHT COMPANY AND THE METHOD OF PAYMENT THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. A motion was made by Director Jones, seconded by Director Shackelford, to suspend the rules and place the Ordinance on its second reading 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 made by Director Shackelford, 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 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 taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. 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, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Mayor Hubbell then announced that the Ordinance, together with the Emergency Section, had PASSED. A Public Hearing had been scheduled for this time and place on recommended prof for the Seventh Year Community Development Block Grant Program. Mayor Hubbell declar the Public Hearing open and invited anyone wishing to address the subject to come forward. There was no one present to speak either for or against the matter, and the Public Hearing was declared closed. The following proposed Ordinance was the next presentation, entitled: AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 13,617 OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (Re: Landscape Ordinance) and after a first reading of the Ordinance, there was a motion by Director Langston to suspend the rules and place the Ordinance on its second reading. The motion was 77 L r- L Fli FEBRUARY 3, 1981, Cont'd. 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; and a second reading of the Ordinance ensued. A brief discussion followed in which several Board Members stated they would like more time to review the amendments. Ther was no motion for the further suspension of the rules, therefore the proposed Ordi- nance remained on the calendar for third and final reading. A proposed Resolution was presented, with the title being: A RESOLUTION CHANGING THE NAME OF ROCK CREEK PARKWAY WHICH EXTENDS FROM I -630 AND SHACKLEFORD ROAD SOUTHWEST AROUND THE BUILDINGS TO HERMITAGE ROAD, TO "FINANCIAL CENTRE PARKWAY "; AND FOR OTHER PURPOSES; with the proposed Resolution being read in full. Mr. Burton Speights of Fausett and Company requested the support of the Board of Directors in naming this section of 1�11! j the street "Financial Centre Parkway." Fausett & Company dedicated and constructed the street at a cost of $450,000. A discussion ensued because of problems the Police and Fire Departments might have with a street identified by more than one name. A motion followed from Director Shackelford, seconded by Director Jones, that "the Resolution be postponed until the first meeting in March, in order to receive inform- ICI ation from the Police and Fire Chiefs." A roll call was taken on the motion with the results recorded as follows: Ayes - Directors Keith, Langston, Weeks, Shackelford and Jones - total 5; Noes - Director Bussey and Mayor Hubbell - total 2; Absent - None. Therefore, the Resolution was delayed until March 3, 1981. At this point in the meeting (8:05 P. M.) a Motion was made by Director Bussey, seconded by Director Langston, to recess into executive session for a routine evaluati of the City Manager and City Attorney. A roll call was taken on the Motion which was adopted as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Board of Directors reconvened in the Board Chamber at 9:15 o'clock P. M. with the following members answering roll call: Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Absent - None. Mayor Hubbel announced that no action was necessary relative to the executive session. 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 Langston, the meeting was adjourned at 9:20 o'clock P. M. to meet again in regular session on Tuesday, February 17, 1981 at 7:30 o'clock P. M. ATTEST: c �n ,,,o / APPROVED: ( . lrN) City ty Cle� Mayor Board of Directors Chamber Little Rock, Arkansas February 17, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and City Clerk Jane Czech, and the following Directors present: Directors Langston, Weeks, Bussey, Shackelford and Jones - total Absent - Director Keith - total 1. A quorum was declared present and the proceedings of the meeting are herein recorded as follows: The Invocation was given by Director Shackelford. Due to the meeting of the National League of Cities to be held in Washington, D. C., which the Board of Directors will be attending, a motion was made by Mayor Hubbell, seconded by Director Bussey, that the regular March 3rd Board Meeting be rescheduled for Wednesday, March 4th at 7:30 P. M., and that any public hearings be set for that date. The motion was unanimously adopted by Board Members present. , Presented first for consideration were the Consent Items described as follows: (a) The Minutes of the previous meeting held February 3, 1981. (b) Resolution No. 6,514, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR DUCK POND IMPROVEMENTS AT THE ZOO OF ARKANSAS, FOR THE - PURCHASE OF TRACTORS, CONCRETE SAWS, CONCRETE MIXERS AND A FRONT -END LOADER FOR THE PUBLIC WORKS DEPARTMENT; AND FOR OTHER PURPOSES. (c) Resolution No. 6,515, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE McCOMBS STREET AND ALLEYS IN FACTORIA THIRD ADDITION TO THE CITY OF LITTLE ROCK. (March 4, 1981 - 7:30 P. M.) (d) A Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of December, 1980. , (e) The 1980 Financial Report of the City of Little Rock, Arkansas. (f) Resolution No. 6,516, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE GEYER STREET BETWEEN 10TH AND 13TH STREETS IN EAST VIEW TERRACE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (g) Resolution No. 6,517, containing the following title: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE 11TH STREET BETWEEN HANGER AND LAST STREETS IN EAST VIEW TERRACE ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (March 4, 1981 - 7:30 P. M.) By motion of Director Langston, seconded by Director Bussey, with all Board 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 & c) Resolutions No. 6,514 and 6,515 were read in full and adopted by unanimous roll call , vote of the Board Members present; (d & e) The Comparative Statement of Income Account of the Water Works, and the 1980 Financial Report of the City of Little Rock were received and filed; and (f & g) Resolutions No. 6,516 and 6,517 were read in full and adopted by unanimous roll call vote of the Board Members present. FEBRUARY 17, 1981, Cont'd. A Public Hearing had been scheduled for this time and place on revising the procedure for adjustment of sewer charges and establishing a period of limitation, increasing industrial surcharge sewer rates and consolidating and clarifying the existing Ordinances fixing rates for all other services rendered by the Wastewater Utility of the City of Little Rock. Mayor Hubbell then declared the public hearing open and with no one present to speak either for or against the proposed Ordinance, he announced the closure of the hearing and Ordinance No. 13,982 was presented, entitled: AN ORDINANCE REVISING THE PROCEDURE FOR ADJUSTMENT OF SEWER CHARGES AND ESTABLISH ING A PERIOD OF LIMITATION, INCREASING INDUSTRIAL SURCHARGE SEWER RATES AND CONSOLIDAT ING AND CLARIFYING THE EXISTING ORDINANCES FIXING RATES FOR ALL OTHER SERVICES RENDERE BY THE WASTEWATER UTILITY OF THE CITY OF LITTLE ROCK, ARKANSAS, AS SPECIFIED IN ORDINANCES NO. 12,679, PASSED AUGUST 1, 1972; NO. 13,109, PASSED NOVEMBER 4, 1975 AND NO. 13,764 PASSED DECEMBER 4, 1979, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion from Director Jones, seconded by Director Langston, 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. A subsequent motion was made at this time by Director Jones, again seconded by Director Langston, 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 six in number and two - thirds or more of the members of the Board of Directors - elect; and the was a third and last reading of the Ordinance. The ensuing roll call vote taken on t passage of the Ordinance received the following response: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. The Emergency Clause contained in Section 7 of the foregoing Ordinance was read AN ORDINANCE PROVIDING FOR THE ISSUANCE OF SEWER REVENUE BONDS OF THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF PAYING THE COST TO -THE CITY OF CONSTRUCTING THE FOURCHE SEWERAGE FACILITIES AND CERTAIN EXTENSIONS, BETTERMENTS AND IMPROVEMENTS CONNECTION THEREWITH; AUTHORIZING PUBLIC SALE OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; 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 Jones, seconded by Director Langston, 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 by Director Jones; again seconded by Director Langston, that the rules be suspended and the Ordinance be Ij 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 then read the third and last and adopted by the following vote: Ayes - Directors Langston, Weeks, Bussey, Shackel- ford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. It was then announced by Mayor Hubbell that the Ordinance, together with the Emergency Section had PASSED. The next presentation was Ordinance No. 13,983, with the title being: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF SEWER REVENUE BONDS OF THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF PAYING THE COST TO -THE CITY OF CONSTRUCTING THE FOURCHE SEWERAGE FACILITIES AND CERTAIN EXTENSIONS, BETTERMENTS AND IMPROVEMENTS CONNECTION THEREWITH; AUTHORIZING PUBLIC SALE OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; 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 Jones, seconded by Director Langston, 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 by Director Jones; again seconded by Director Langston, that the rules be suspended and the Ordinance be Ij 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 then read the third and last FEBRUARY 17, 1981, Cont'd. time. The resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones.- total 6; Noes - None; Absent - Director Keith - total 1. ' The Emergency Section contained in Section 29 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent Director Keith - total 1. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. Ordinance No. 13,984 was presented, containing the following title: AN ORDINANCE AMENDING ORDINANCE #13,958 RECLASSIFYING PROPERTY LOCATED ON THE NORTHWEST CORNER OF ALEXANDER AND SARDIS ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (To correct the property description) and there was 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 Langston, 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 Shackelford and Jones, respectively, and un- animously 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, and the resulting Aye and No Vote taken on the passage of t Ordinance received the following response: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. The Ordinance was then declared PASSED. The following Zoning Petitions, as approved by the Planning Commission, were then presented: Z- 3021 -C - From William M. Cagle, Jr., agent for James M. Folmar to rezone property located at the northeast corner of Barrow Road and Riley Drive, described as that particular parcel of land located in the southeast quadrant of John Barrow Road and Riley Drive in Little Rock, Arkansas and having dimensions of 150' x 150', from "0 -3" General Office District to "C -3" General Commercial District. Z -3572 - From Robert J. Richardson, agent for Bill Mathis, to rezone 9.98 acres located in the far southwest corner of Little Rock City Limits near Alexander (long legal description), from "R -2" Single - family District to "I -2" Light Industrial District and "C -3" General Commercial District. IIII Z -3626 - From Attorney Tom A. Buford, agent for ERC Foundation, Inc., to rezone 40 acres located in the SE; SW4 Section 10, Township 1 North, Range 13 West, Pulaski County, Arkansas, described as Tract 1 - R -6, Aldersgate Road Ecumenical Retirement Center, from "R -2" Single- family District to "MF -18" Multi - family District to "R -6" High Rise Apartment District. Z -3629 - From Attorney H. B. Stubblefield for Drummond Funeral Home, to rezone ' 815 Marshall Street, described as Lot 3 and the North 10.0' of Lot 4, Edmondson's Resubdivision of Fractional Block 1, Marshall & Wolfe's Addition to the City of Little Rock, Arkansas, from "R -5" Urban Residence to "0-3" General Office District. Z -3630 - From Larry Stigall, agent for Lewis E. Johnson, to rezone 16,800 square Y 1503 FEBRUARY 17, 1981, Cont'd. g feet on Cunningham Lake Road (long legal description), from "R -2" Single - family i District to "C -3" General Commercial District. Z -3637 - From J. Dan Baker to rezone 17,000 square feet on East Roosevelt Road i just south of the Airport, described as Lots 2 and 3, Block 18, and Lots 10 and 11, Block 20, Factoria Third Addition to the City of Little Rock, Arkansas, from "R -2" f �I r Single - family District to "I -2" Light Industrial District. Z -3640 - From Attorney Ed Moody for Wadley- Johnson, Inc. to rezone 3.5 acres described as Lots 1, 2, 3, 4 & 5 of Mabelvale West Business Park Subdivision, from i, "R -2" Single - family District to "I -1" Industrial Park District. As there was no one present who wished to speak in opposition to the rezone of the above - described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 13,985, as follows) f1 Ordinance No. 13,985 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSASiiI AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; I! AND FOR OTHER PURPOSES; III I which Ordinance was read the first time. Director Jones then made a motion, seconded II by Director Langston, that the rules be suspended and the Ordinance be placed on second'Il 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 CI 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 read- " ing; with the motion being made by Director Shackelford, seconded by Director Jones, and unanimously adopted by members of the Board of Directors present, being six in it number and two- thirds or more of the members of the Board of Directors- elect. The J third and final reading of the Ordinance resulted in an Aye and No Vote being taken Y� on the question, Shall the Ordinance Pass, which is recorded as follows: Ayes - i Directors Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. The Ordinance was there- fore, declared PASSED. Zoning Petition No. Z -3609 was the next presentation, having been submitted by Don Bailey for Troy Braswell, to rezone the southwest corner of Woodland Heights and I J Fairview Roads (long legal description), from "R -2" Single - family District to "0-3" General Office District. The Planning Commission approved the application on January 27, 1981 and there being no one present to oppose the proposal, Ordinance No. 13,986 14 I was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WOODLAND �l HEIGHTS AND FAIRVIEW ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 i OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES;',, dri(3. there was a first reading of the Ordinance. A motion was then made by Director Jones which was seconded by Director Langston, that the rules be suspended and the ' Ordinance be placed on second reading; with the motion being unanimously adopted by �I �I 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 subsequently read the second time, resulting in a motion made by Director Shackelford and seconded by i Director Jones, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by voice vote of the members of the Board of Directors present, being six in number and two - thirds or more j FEBRUARY 17, 1981, Cont'd. 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 Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; II Noes - None; Absent - Director Keith - total 1. Mayor Hubbell then announced that th Ordinance had PASSED. Zoning Petition No. Z -3619 was presented, having been approved by the Planning Commission on January 27, 1981 and submitted by W. A. Jones. The Petitioner request- ed that thirty -six acres, more or less, located at the northeast corner.of I -30 and Highway No. 5 at the Pulaski - Saline County Line be rezoned from "R -2" Single - family District to "C -4" Open Display, "C -3" General Commercial and "R -7" Mobile Home Districts. No opposition was presented to the reclassification of the subject propert and Ordinance No. 13,987 was presented, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NE CORNER OF I -30 AND ALEXANDER ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE District. Z -3621 - From Lawson Delony for Jack Burchfield, to rezone the S 170' of the W 140' of Tract 16, Arnold's Highland Acres Addition to the City of Little Rock, from ! "0-3" General Office District to "C -1" Neighborhood Commercial District. V/ OF ORDINANCES OF THE.CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; Iand after a first reading of the Ordinance, there was a motion by Director Jones, i seconded by Director Langston, to suspend the rules and place the Ordinance on second �I 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 ensued. A subsequent motion was made by Director Shackelford to again suspend the rules and place the Ordinance on third and final reading; which 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. There was a r! third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; i Absent - Director Keith - total 1. Whereupon, the Ordinance was declared PASSED. I The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure: Z -607 -A - From John Schlereth to rezone 900 East 9th Street, described as Lots 7 & 8, Block 11, Woodruff's Addition, from "C -3" General Commercial District to "C -4" l Open Display District. Z- 2933 -A - From John Schlereth to rezone the northeast corner of Markham and Beechwood Streets, described as Lots 14, 15 & 16, Block 8, Elmhurst Addition, from "0 -3" General Office District to "C -1" Neighborhood Commercial District. Z -3612 - From Neill Hart, Jr. for Sherman Realty Company, Inc. to rezone 9814 i Rodney Parham Road, described as Tract 2 -A being a Replat of Tract 2, Colony West Commercial Subdivision to the City of Little Rock, from "0-3" General Office District to 11C -1" Neighborhood Commercial District. Z -3615 - From John Flake for Baird, Inca to rezone the northwest corner of Markham and Ash Streets, described as Lot 11, Block 8, Elmhurst Addition to the City of Little Rock, from "0 -3" General Office District to "C -1" Neighborhood Commercial District. Z -3621 - From Lawson Delony for Jack Burchfield, to rezone the S 170' of the W 140' of Tract 16, Arnold's Highland Acres Addition to the City of Little Rock, from ! "0-3" General Office District to "C -1" Neighborhood Commercial District. V/ FEBRUARY 17, 1981, Cont'd. Z -3623 - From John Schlereth for Baird, Inc. to rezone 523 East Roosevelt Road, described as the E; of Lots 5 and all of Lots 7 & 8, Block 3, Pettifer's Addition, from "C -3" General Commercial District to "C -4" Open Display District. Z -3624 - From Sharon Cain for Evergreen Farms, to rezone part of Lots 14 and 19, Hillvale Addition (long legal description), from "0-3" General Office District to "MF -18" Multi- family District. Z -3625 - From Sharon Cain for H. C. G. Properties, Inc., to rezone the northwest corner of Rodney Parham Road and Satterfield Drive (long legal - part of Paragon Place from "C -3" General Commercial District to "MF -24" Multi- family District. Z -3631 - From John Modest Miles, Pastor of the Mt. Sinai Missionary Baptist Church, to rezone 401 -411 West Roosevelt Road from "R -3" Single - family District to "O -1" Quiet Office District. Z -3634 - From Ronnie Hall for Pleasant Valley Development Company, to rezone Riverdale Addition from various districts to "0 -2" Office and Institutional, "C -3" General Commercial, and "0 -3" General Office Districts. Z -3636 - From Union National Bank by Simone Earnhart to rezone 3920 West 65th Street, described as Tracts G -2 and G -3 of Little Rock Industrial District, from "I -2" Light Industrial District to "C -3" General Commercial District. Z -3638 - From Powell Brothers to rezone the northwest corner of Shackleford Road and Mills Freeway, described as Lots 15 & 16, West Highland Subdivision, from "0-3" General Office District to "C -3" General Commercial District. Z -3639 - From Wayne Zakrzewski for Dr. John Tower, to rezone the southwest corner of Geyer Springs Road and Queensboro Drive (long legal description), from "0-3" General Office District to "C -1" Neighborhood Commercial District. Z -3641 - From Simone Earnhart for Union National Bank to rezone the east 220 feet of the NZ of Tract 2, Arnold's Highland Acres, from "0-3" General Office District to "C -1" Neighborhood Commercial District. There was no one present to speak in opposition to the reclassifications but, upon question by Director Jones, Mr. Nathaniel Griffin, Director of Comprehensive Planning advised this group of properties concludes the conversion adjustments. (See Ordinance No. 13,988 as follows) AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANS, AMENDING SECTION 43 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 Bussey, seconded by Director Langston, 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 ensued. A subsequent motion was made by Director Shackelford to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Langston, and adopted by unanimous vote of the 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. There was a third and final - reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Langston, Week Bussey, Shackelford and Mayor Hubbell - total 5; Noes - Director Jones - total 1; Absent - Director Keith - total 1. The Ordinance was then declared PASSED. FEBRUARY 17, 1981, Cont'd. A proposed Ordinance was presented, containing the following heading: AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF CERTAIN LANDS LOCATED WITHIN SECTION TEN (10), TOWNSHIP ONE (1) NORTH, RANGE THIRTEEN (13) WEST TO THE CITY OF LITTLE ROCK, IN PULASKI COUNTY, ARKANSAS; (Vanguard property located at the northeast corner of Shackleford Road and I -430; Court Order dated January 14, 1981) with the proposed Ordinance being read the first time. Director Bussey made a motion for the suspension of the rules to place the proposed ordinance on second reading, but the motion did not receive a second; therefore, the proposed Ordinance remained on the calendar for second reading on March 4, 1981. (See discussion on the following Ordinance proposing to rezone the subject property.) Zoning Petition No. Z -3632 was the next presentation, having been submitted by Edward M. Harvey for the Dace Corporation, to rezone the northeast corner of Shackle - ford Road and I -430 (East Side of 1800 Block South Shackleford Road - long legal description), from "AF" Agriculture and Forestry District to "0 -2" Office and In- stitutional District (Applicant requested "0-3" General Office; Planning Commission only approved 110 -2" District). The proposed Ordinance was then presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHEAST CORNER OF SHACKLE - FORD ROAD AND INTERSTATE #430 IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; N(From "AF" Agriculture & Forestry to "0-2" Office & Institutional District) and the Ordinance was read the first time. A discussion ensued regarding the 10 ft. j it right -of -way dedication to the City for Shackleford Road. The applicant had not filed i a dedication deed in favor of the City of Little Rock, and Mr. Paul Stanfield, Attorne,. for the applicant, stated that the Arkansas Highway Department will be condemning property at the diamond interchange at this location and felt it appropriate to deal with the Highway Department first, then with the City. Mr. Gene Lewis, the Developer, said the right -of -way will be gained by the City and asked to be given a chance to I arbitrate with the Highway Department. Upon question by Mayor Hubbell, Mr. Stanfield Ii stated that a letter of intent to dedicate the right -of -way to the City had not been filed. Mayor Hubbell being concerned that the letter had not been filed, stated that he would vote not to suspend the rules for second reading of the proposed Ordinance. There was no further discussion and Director Bussey made a motion to suspend the rules and place the proposed Ordinance on second reading. The motion did not receive a second, therefore, the proposed Ordinance remained on the calendar for second .reading at the March 4, 1981 Board Meeting. Introduced at this point was ordinance No. 13,989, entitled: AN ORDINANCE APPROPRIATING $7,500 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO BE USED FOR A MUNICIPAL COURT POSITION FOR AN OFFICE ASSISTANT; AND FOR OTHER PURPOSES; I (For the First Offender Program in the Criminal Division) and there was a first reading of the Ordinance. A motion was then made by Director Shackelford, which was seconded by Director Langston, that the rules be suspended and the Ordinance be placed on second reading; with the motion being unanimously adopted �I 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 subsequently read the second time, resulting in a motion made by Director Langston and seconded by 1 1 FEBRUARY 17, 1981, Cont'd. Director Shackelford, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by voice 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 final reading of the Ordinance. There was an Aye and No Vcte then taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor.Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. Mayor Hubbell then announced that Ordinance had PASSED. Ordinance No. 13,990 was presented, with the title being: AN ORDINANCE APPROPRIATING $20,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO BE USED FOR SECURITY SERVICE AT THE CITY OF LITTLE ROCK MATERIAL YARD; 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 from Director Shackelford, seconde by Director Langston, 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 second reading of the Ordinance, after which there was a subsequent motion made by Director Langston, seconded by Director Shackelford, to again suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a un- animous 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 Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 13,991, described as: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR ARCHITEC- TURAL AND ENGINEERING SERVICES FOR THE RIVERFRONT PARK PROJECT; APPROPRIATING $165,000 II I� SERVICES FOR7THEPRIOVERFRONOTVPARKTPROJECTTOAND FORDOTHERAPURPOSESURAL AND ENGINEERING (Contract with Wittenberg, Delony & Davidson; Witsell and Evans; Hodges, Vines, Fox and Associates)' and after a first reading of the Ordinance, there was a motion by Director Shackelford seconded by Director Jones, 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 ensued. A subsequent motion was made by Director Jones to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Shackelford, 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Langston, Week Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent Director Keith - total 1. The Ordinance was then declared PASSED. FEBRUARY 17, 1981, Cont'd. There was presented Resolution No. 6,518, with the title being: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO PURSUE THE ACQUISITION OF A MAG- ' CARD OR SIMILAR WORD PROCESSING EQUIPMENT, INCREASING AN ALLOWANCE AND FOR OTHER PURPOSES; (Car allowance) and the Resolution was read in its entirety. A motion was then made by Director Langston and seconded by Mayor Hubbell, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Langston, Weeks, Bussey, Shackelford and Mayor Hubbell - total 5; Noes - None; Abstaining - Director Jones - total 1; Absent - Director Keith - total 1. Resolution No. 6,519 was presented, entitled: A RESOLUTION ACCEPTING A BID FOR CONSTRUCTION OF A BIG CAT DISPLAY AT THE ZOO OF ARKANSAS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR CONSTRUCTION OF THE BIG CAT DISPLAY AT THE ZOO OF ARKANSAS; STATING THE CITY'S COMMITMENT TO ADVANCE FUNDS FOR THE BIG CAT DISPLAY PROJECT TO BE REPAID WHEN GRANT FUNDS ARE RECEIVED; AND FOR 1111111 ' OTHER PURPOSES; (Kirk Plastering Company - $659,577) and there was a full reading of the Resolution. Ms. Susanne Monroe, President of Friends of the Zoo urged the Board of Directors to accept the bid and award the contras for this project. Director Jones stated that Representative Jim Linder and members of Friends of the Zoo should be recognized for their strong support for assistance in this construction at the Zoo of Arkansas. A motion was subsequently adopted upon motion of Director Jones, seconded by Director Shackelford, and by the following roll call vote: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. The next presentation was Resolution No. 6,520 containing the following title: A RESOLUTION APPROVING THE VARIOUS PROJECTS AND ALLOCATION OF FUNDS AS PROVIDED FOR IN THE CITY OF LITTLE ROCK'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE SEVENTH YEAR (1981 -82); APPROVING THE CDBG APPLICATION; AUTHORIZING THE FILING OF THE APPLICATION FOR SAID FUNDS, AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion then followed from Director Shackelford, seconded by Mayor Hubbell, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. A Public Hearing had been scheduled for this time and place on the issuance of a taxicab operator permit to Mr. Joseph Russell. Mayor Hubbell then declared the Public Hearing open and no one was present to speak either for or against the matter, the Hearing was declared closed, and Ordinance No. 13,992 was placed on first reading, I described as: AN ORDINANCE AUTHORIZING THE ISSUANCE OF A TAXICAB OPERATOR PERMIT TO MR. JOSEPH RUSSELL; AND FOR OTHER PURPOSES; with there being a first reading of the Ordinance. A motion followed from Director Shackelford, seconded by Director Langston, 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 P FEBRUARY 17, 1981, Cont'd. more of the members of the Board of Directors - elect. The Ordinance was then read the second time, with an ensuing motion then being made by Director Langston to again suspend the rules and place the Ordinance on its third and final reading. Director Weeks seconded the motion, which 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 membe 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 Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. Whereupon, the Ordinance was declared PASSED. A proposed Ordinance was considered at this time, with the title being: AN ORDINANCE AMENDING SECTION 23 -1(c), ADDING SECTIONS 23 -1(m), (n) AND (o), AMENDING SECTIONS 23- 2(III)(a) AND (f); AND FOR OTHER PURPOSES; (Regarding operation of taxicabs in the City of Little Rock) with the proposed Ordinance being read the first time. A discussion followed in which Mr. Larry Carpenter speaking on behalf of Mr. Tommy Robinson, an independent operator, ' opposed the proposed Ordinance because it limits independent taxicab operators to only one permit. He urged the Board of Directors to allow independents to operate more tha one vehicle. Mr. Jim Hudson of 3604 Oakwood Road, also spoke in opposition to the proposed Ordinance. He stated that the handicapped are getting about the City more effectively and efficiently by the independent operators, and any effort to limit the number would be detrimental. One independent driver spoke in opposition to Mr. Robinson having more cabs than provided in the Ordinance, and said it would ruin the independent taxi operators. City Manager Mahlon Martin commented that the proposed amendments do represent problem areas and suggested that it might be feasible for Central Arkansas Transit or some other agency to regulate taxicab operations in Pulask County. There was no further discussion and no motion for the suspension of the rules therefore, the proposed Ordinance remained on the calendar for second reading on March 4, 1981. ' At 8:40 o'clock P. M., Mayor Hubbell declared that a five - minute recess be held. At 8:45 o'clock P. M., the Board of Directors reconvened in the Board Chamber and the following Directors answered roll call: Directors Langston, Weeks, Bussey, Shackel- ford, Mayor Hubbell and Director Jones - total 6; Absent - Director Keith - total 1. Ordinance No. 13,993 was the 'next presentation, with the title being: AN ORDINANCE ESTABLISHING PLANNING CONTROL AND REGULATING ENGINEERING, CONSTRUCT- ION AND MAINTENANCE ACTIVITIES CONDUCTED WITHIN THE PUBLIC RIGHTS -OF -WAY; AND DECLARI AN EMERGENCY; and after a first reading of the Ordinance, there was a motion by Director Jones, seconded by Director Bussey, 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 ensued. A subsequent motion ' was made by Director Langston to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Shackelford, and ado by unanimous vote of the members of the Board of Directors present, being six in nu and two- thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Langston, FEBRUARY 17, 1981, Cont'd. Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. The Emergency Section contained in Section 3 of the foregoing Ordinance was then ' read and adopted by the following roll call vote: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. Mayor Hubbell then announced that the Ordinance, together with the Emergency Section, had PASSED. The last Ordinance to be considered was No. 13,994, entitled: AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 13,617 OF THE CITY OF YLITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; i (The Landscape Ordinance) and the Ordinance was read the third and last time. With there being no discussion, a roll call was taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor ji Hubbell and Director Jones - total 6; Noes - None; Absent - Director Keith - total 1. Mayor Hubbell then announced that the Ordinance had PASSED. i Under "J" Citizen Communications, several person were present to speak, and a group of residents in the Central High Area were present in opposition to the demolition I of a house located on the northwest corner of Sixteenth Street and Schiller Avenue. The house is owned by the Bullock CME Church and church officials want to demolish it to build a parking lot. Mr. Muskie Harris of 1514 Summit, representing the Central High CDBG Neighborhood and Central High Property Owners Association, requested the Board of Directors to declare a moratorium on demolition of structures in an area " bounded by Mills Freeway, Missouri Pacific Railroad, Roosevelt Road and High Street, until a study can be made of the area. Mr. Gary Brooks of 1515 Schiller asked the Board to save the structure at 1502 Schiller and grant the Central High Area what has been granted to another portion of the City (Quapaw Quarter District), until a study can be made on "architectural significance." Mr. John Matthews and Mr. Ralph Megna of the Quapaw Quarter Association also spoke regarding the demolition of the house on Schiller Avenue. Mayor Hubbell made a motion "that a two -week moratorium be declared , on demolition of structures within the area bounded by Mills Freeway, MOP Railroad, Roosevelt Road and High Street, and that a Public Hearing be held on March 4, 1981 at 7:30 P. M. on extension of the moratorium, or any further action that the Board an take." The motion was seconded by Director Langston and unanimously adopted by Members II" of the Board of Directors present. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Langston, seconded by Director Bussey, and by unanimous vote of the Board Members present, the meeting was adjourned at 9:25 o'clock l P. M. to meet again in rescheduled regular session on Wednesday, March 4, 1981 at 7:30 o'clock P. M. APPROVEATTEST: 12�G Mayor City Clerk * * * * * * * * * * * * Board of Directors Chamber III II Little Rock, Arkansas March 4, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessi with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors in attendance: Directors Keith, Langston, Weeks and Shackelford - total 4; Absent - Directors Bussey and Jones - total 2. It was announced that a quorum was present and the following is an account of the proceedings: The Invocation was given by Director Keith. Presented first was the Consent Agenda consisting of the following items: (a) The Minutes of the previous meeting held February 17, 1981. (b) Audit Report of the Little Rock Regional Airport ending December 31, 1980. A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE THE ALLEY BETWEEN BRACK STREET AND ASHER AVENUE, IN BLOCK 28, C. O. BRACK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing to be March 17, 1981) (e) Resolution No. 6,522, 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 OF ARKANSAS CHILDRENS HOSPITAL TO VACATE A PORTION OF WOLFE STREET LYING BETWEEN THE SOUTH LINE OF WEST NINTH STREET AND THE NORTH LINE OF WEST TENTH STREET, AND LYING BETWEEN BLOCKS 10 AND 11, MARSHALL AND WOLFE'S ADDITION, LITTLE ROCK, ARKANSAS. (Public Hearing date to be March 17, 1981) (f) Resolution No. 6,523, described as: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR SIDEWALK IMPROVEMENTS IN THE CENTRAL LITTLE ROCK C.D.B.G. AR A FORKLIFT FOR VEHICLE MAINTENANCE, CLOTHING FOR THE FIRE DEPARTMENT, CUSTODIAL SERVICES; AND FOR OTHER PURPOSES. By motion of Director Langston, seconded by Director Weeks, with all Board 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 & c) The Audit Reports were received and filed; and (d, e & f) Resolutions No. 6,521, 6,522 and 6,523 were read in full and adopted by unanimous roll call vote of the Board Member present. ordinance No. 13,995 was presented, containing the following title: AN ORDINANCE PROVIDING FOR MODIFIED STREET STANDARDS FOR DEDICATION OF PRIVATE STREETS TO THE PUBLIC; AMENDMENT OF THE SUBDIVISION RULES AND REGULATIONS AND 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 Weeks, adopted by unanimous vote of the Board Members presen being five in number and two- thirds or more of the members of the Board of Directors- V/ (C) 1110 Audit Rock Wastewater Utility. ' IIIIIII No. 521, entitled: (d) A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE THE ALLEY BETWEEN BRACK STREET AND ASHER AVENUE, IN BLOCK 28, C. O. BRACK ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing to be March 17, 1981) (e) Resolution No. 6,522, 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 OF ARKANSAS CHILDRENS HOSPITAL TO VACATE A PORTION OF WOLFE STREET LYING BETWEEN THE SOUTH LINE OF WEST NINTH STREET AND THE NORTH LINE OF WEST TENTH STREET, AND LYING BETWEEN BLOCKS 10 AND 11, MARSHALL AND WOLFE'S ADDITION, LITTLE ROCK, ARKANSAS. (Public Hearing date to be March 17, 1981) (f) Resolution No. 6,523, described as: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR SIDEWALK IMPROVEMENTS IN THE CENTRAL LITTLE ROCK C.D.B.G. AR A FORKLIFT FOR VEHICLE MAINTENANCE, CLOTHING FOR THE FIRE DEPARTMENT, CUSTODIAL SERVICES; AND FOR OTHER PURPOSES. By motion of Director Langston, seconded by Director Weeks, with all Board 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 & c) The Audit Reports were received and filed; and (d, e & f) Resolutions No. 6,521, 6,522 and 6,523 were read in full and adopted by unanimous roll call vote of the Board Member present. ordinance No. 13,995 was presented, containing the following title: AN ORDINANCE PROVIDING FOR MODIFIED STREET STANDARDS FOR DEDICATION OF PRIVATE STREETS TO THE PUBLIC; AMENDMENT OF THE SUBDIVISION RULES AND REGULATIONS AND 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 Weeks, adopted by unanimous vote of the Board Members presen being five in number and two- thirds or more of the members of the Board of Directors- V/ MARCH 4, 1981, Cont'd. 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 Keith and Shackelford, 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 - Directors Keith, Langston, Weeks, Shackelford and Mayor Hubbell - total 5; Noes - None; Absent - Directors Bussey and Jones - total 2. The Ordinance was then declared PASSED. Director Jones was enrolled. Presented for consideration at this time was Ordinance No. 13,996, entitled: AN ORDINANCE PROVIDING FOR RELOCATION OF THE EXTRATERRITORIAL PLANNING JURISDICTION LINE OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER PURPOSES; which Ordinance was read the first time. Director Shackelford then made a motion, seconded by Director Keith, that the rules be suspended and the Ordinance be placed on second reading, which motion was unanimously adopted by 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. 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 Shackelford, seconded by Mayor Hubbell and 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 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, Langsto , Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was the Petition from J. Dan Baker requesting the vacating and closing of McCombs Street between Blocks 18 & 20 (South of Roosevelt Road); the Alley between Lots 1 to 4 inclusive, and Lot 5, Block 18; the Alley between Lots 3 & 4 and Lot 5, Block 20 and South of East Roosevelt Road; the Alley between Lots 11, 12, 13 ' & 14, Block 20; and the Alley lying south of Lots 5-- 10 inclusive, Block 20, all in Factoria Third Addition to the City of Little Rock, as approved by the Planning Commiss- ion. Attached to the Petition was a certification from Beach Abstract and Guaranty Company of last apparent owners of record whose property abuts said street and alleys. Also, attached to the Petition was a copy of the plat of Factoria Third Addition on record in the Pulaski County Circuit Clerk's Office. A Public Hearing had been schedule for this time and place by Resolution No. 6,515, with notice thereof having been duly published on February 20, 1981 and February 27, 1981 as required by Law. Mayor Hubbell 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 and alleys was placed on first reading. (See Ordinance No. 13,997 as follows) Introduced at this time was Ordinance No. 13,997, described as: AN ORDINANCE VACATING AND CLOSING McCOMBS STREET AND ALLEYS IN FACTORIA THIRD ' ADDITION OF THE CITY OF LITTLE ROCK; said Ordinance was read the first time; after which there was a motion by Director Shackelford, seconded by Director Jones, that the rules be suspended and the Ordinance V/ 513 MARCH 4, 1981, Cont'd. 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 I!I ' of the Board of Directors- elect. Upon second reading of the Ordinance, a motion was j again made to suspend the rules to allow for the third and final reading of the Ordi- nance at this time, with the motion again being made by Director Shackelford, seconded k by Director Jones, and adopted by unanimous vote of the members of the Board of Directo 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 �I Aye and No Vote taken on the y question, Shall the Ordinance Pass, with the resulting vote , being recorded as herein described: Ayes - Directors Keith, Langston, Weeks, Shackel- II ford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director II Bussey - total 1. The Ordinance was then declared PASSED. A Public Hearing had been scheduled for this time and place by Resolution No. 6,51711 to hear arguments on the Petition from the City of Little Rock, Arkansas, to vacate andil 1 close approximately 554.48 feet of 11th Street from the East right -of -way line of Hange r ' Street to the West right -of -way line of Last Street in the East View Terrace Addition to the City Little Rock. Attached to the letter from Beach Abstract of petition was a I� and Guaranty Company certifying that the City of Little Rock is the last apparent owner�l! II of abutting property. As Notice had been duly published on February 20, 1981 and February 27, 1981, as required by Law, Mayor Hubbell declared the Public Hearing open. I ! There was no one present to address the issue and the Public Hearing was declared closed) I and the Ordinance was placed on first reading to vacate the above -named portion of 11th Street. (See Ordinance No. 13,998 below) Introduced was Ordinance No. 13,998, entitled: I! AN ORDINANCE VACATING AND CLOSING A PORTION OF 11TH STREET IN EAST VIEW TERRACE jl ADDITION TO THE CITY OF LITTLE ROCK; it with the Ordinance being read the first time, followed by a motion from Director II! Shackelford to suspend the rules and place the Ordinance on its second reading. The I,! motion was seconded by Director Jones and adopted by unanimous vote of the Board Members) I present, being six in number and two - thirds or more of the members of the Board of III 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 Shackelford and Jones, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members of1l 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 I� herein recorded: Ayes - Directors Keith, Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. It I was announced that the Ordinance had PASSED. III A Public Hearing had also been scheduled for this time and place by Resolution =I !' No. 6,516, to hear discussion on the Petition by the City of Little Rock, Arkansas, to vacate and close approximately 460 feet of Geyer Street extending Northward from the III ! North right -of -way line of 13th Street to Northern terminus of Geyer Street between II, ' 13th Street and 10th Street in East View Terrace Addition to the City of Little Rock. Notice of Hearing had been duly published on February 20, 1981 and February 28, 1981 �I as required by Law. Attached to the petition was a letter from Beach Abstract and �I Il Guaranty Company certifying that the City of Little Rock is the last apparent owner of abutting property. Mayor Hubbell declared the Hearing open and .invited speakers to r� MARCH 4, 1981, Cont'd. come forward. When no one appeared to speak either for or against the petition, the Hearing was declared closed and the proposed Ordinance to vacate the above - described portion of Geyer Street was placed on first reading. (See Ordinance No. 13,999 as follows) Ordinance No. 13,999 was presented, with the title being: AN ORDINANCE VACATING AND CLOSING A PORTION OF GEYER STREET IN EAST VIEW TERRACE ADDITION TO THE CITY OF LITTLE ROCK; 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 Shackelford, 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. 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 Shackelford, again 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 then read the third and last time; whereupon, an Aye and No Vote was taken on the question, Shall the Ordinance Pass, with the following results: Ayes - Directors Keith, Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Where- upon, the Ordinance was declared PASSED. Next presented was Ordinance No. 14,000, with the description being:' AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF CERTAIN LANDS LOCATED WITHIN SECTION TEN (10), TOWNSHIP ONE (1) NORTH, RANGE THIRTEEN (13) WEST TO THE CITY OF LITTLE ROCK, IN PULASKI COUNTY, ARKANSAS: (Vanguard Property -'Court Order dated January 14, 1981) and the Ordinance was read the second time, having been read the first time on February, 17, 1981 and left on the calendar. A motion was then made by Mayor Hubbell, which was seconded by Director Keith, that the rules be suspended and the Ordinance be placed on third and final 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 subsequently read the third and last time with an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the results recorded as follows: Ayes - Directors Keith, Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. Presented for consideration at this time was Ordinance No. 14,001, with the caption being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHEAST CORNER OF SHACKLE- FORD ROAD AND INTERSTATE #430 IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Z -3632 - Vanguard Property - From "AF" Agriculture & Forestry District to "0-2" , Office and Institutional District - See Minute Record No. A -6, Page 506) with the Ordinance being read the second time, the first reading having occurred on February 17, 1981. Mr. Paul Stanfield, Attorney for the applicant, Mr. Edward M. Harvey, advised the Board of Directors that a Letter and Deed had been filed with the City, to be held in escrow, on the 10 ft. right -of -way dedication to the City for 51 MARCH 4, 1981, Cont'd. Shackleford Road. There was no further discussion and Mayor Hubbell made a motion, ; seconded by Director Keith, that the Ordinance be read the third and last time. The I I' motion was unanimously adopted by voice 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 final reading of the Ordinance. There was an Aye and No Vote then taken on the passage of the Ordinance, resulting in I the following vote: Ayes - Directors Keith, Langston, Weeks, Shackelford, Mayor �J Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1 Mayor Hubbell then announced that the Ordinance had PASSED. A proposed Ordinance had been placed on the Agenda entitled, "An Ordinance to I, amend Section 21 -13.1 (147); And for other purposes ", which relates to privilege license on the operation of Manufacturers In- Transit Distribution Centers. Mayor I Hubbell announced that the item was being deferred and no action was taken at this time. Director Bussey was enrolled. Ia Resolution No. 6,524 was introduced with the following heading: Ij A RESOLUTION CHANGING THE NAME OF ROCK CREEK PARKWAY WHICH EXTENDS FROM I -630 AND SHACKLEFORD ROAD SOUTHWEST AROUND THE BUILDINGS TO HERMITAGE ROAD, TO "FINANCIAL I i' CENTRE PARKWAY "; AND FOR OTHER PURPOSES; i and there was again, a complete reading of the Resolution. The proposed Resolution was read and deferred at the February 3, 1981 Board Meeting, after discussion. Mr. ; A. B. Speights of Fausett & Company presented a sketch of the proposed Transportation & Community Facilities Plan and Annexation Sketch of Rock Creek Valley. After con- siderable research since the thirty -day deferral, Mr. Speights stated that City maps I, referred to the street in question as West Markham Parkway, Rock Creek Parkway, and at one point, I -630 Parkway. His request was to name the portion from Shackleford Road through Fausett's Financial Centre to Hermitage Road, "Financial Centre Parkway ";',�' I this portion having been constructed by Fausett at a cost of $450,000. Mr. Ed Willis,'I�J President of Fausett & Company told the Board, "all we are asking is that we be per- mitted to name this portion." Mayor Hubbell then asked for discussion from Board Members and Director Jones stated that she would like the Board to consider renaming the street from the take -off at Shackleford Road, including what is call West Markham I) Parkway, and call the "entire thing" Rock Creek Parkway. She then moved that "the entire area from Shackleford Road including West Markham Parkway all the way out, be 11 f named 'Rock Creek Parkway'." The motion was seconded by Director Shackelford. At this point, Mr. Richard Wood of the Department of Comprehensive Planning, advised that'I', some portions of the street are located outside the corporate limits in Pulaski County'1 A roll call was then taken on the motion by Director Jones, with the results recorded I Iil as follows: Ayes - Directors Jones - total l; Noes - Directors Keith, Langston, Weeks; Bussey and Mayor Hubbell - total 5; Abstaining - Director Shackelford - total 1; III'l Absent - None. With the motion having failed, a subsequent motion was made by Director Langston, seconded by Director Weeks, that the Resolution be adopted. A roll call was ' taken which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Weeks, Bussey and Mayor Hubbell - total 5; Noes - Directors Shackelford Jones - �I and Id total 2; Absent - None. �, ;, A Public Hearing had been advertised in the Arkansas Gazette on February 24, 1981% for this time and place, regarding extension of the moratorium on demolition of struc- tures in the Central High School Area. Mayor Hubbell declared the Public Hearing I - - i i7 �I 51� MARCH 4, 1981, Cont'd. open, sLating that he had some twenty cards signed by persons interested in the extension of the moratorium. Mr. Gary Brooks of 1515 Schiller Street, urged the Board of Directors to extend the moratorium for at least a 180 day period, stating his reasons and the need for time requested. Mr. Muskie Harris, 1514 Summit Avenue told the Board the proposed parking lot would serve no purpose, stating the residents wish to keep the neighborhood in tack. Mr. Robin Borne, 1411 Summit Avenue, an architect, read a prepared statement endorsing the neighborhood and survival of the Central High I� Area. Mr. Mahlon Martin, City Manager, advised the Board of Directors that the City Attorney had expressed hope that an absolute moratorium would not be approved and that ita provision would be allowed for some review by the Board of Directors. Mayor Hubbell I„ I quoted Section 2 of the proposed Ordinance providing for a public hearing by the Board of Directors to consider issuance of demolition permits until such time as the area, or some portion of the area, is finally included in the Little Rock Historic iDistrict or it is determined that the area should not be included in the Historic f District. After discussion, Mayor Hubbell instructed the City Clerk to read Section 3 of the proposed Ordinance to terminate the moratorium at the end of a six month period beginning March 4, 1981. There further discussion and the Public Hearing was , was no I declared closed and the Ordinance was placed on first reading. (See Ordinance No. 14,002 as follows) The next presentation was Ordinance No. 14,002, entitled: AN ORDINANCE EXTENDING THE MORATORIUM ON THE ISSUANCE OF DEMOLITION PERMITS FOR l STRUCTURES IN THE AREA OF THE CENTRAL HIGH SCHOOL CDBG NEIGHBORHOOD; AMENDING ORDINANCE 9 I! �i NO. 12,649 TO ALLOW FOR THE MORATORIUM ON THE ISSUANCE OF DEMOLITON PERMITS; PROVIDING FOR A PUBLIC HEARING FOR THOSE AFFECTED BY SAID MORATORIUM; DECLARING AN EMERGENCY; 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 Weeks, 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 seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently I read the second time, resulting in a motion by Director Keith for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion i was seconded by Director Shackelford, 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 !I' 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 r Pass, with the results recorded as follows: Ayes - Directors Keith, Langston, Weeks, 1, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent M None. The Emergency Section being Section 4 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was therefore, announced that the Ordinance, together with the Emergency Section had PASSED. , Another Public Hearing had been scheduled and advertised for this time and place 1 + I regarding the issuance of taxicab operator permits for the year 1981. Mayor Hubbell J declared the public hearing open and Mr. Ottis Fisher was the only person to speak. Mr. Fisher stated that he would like to go into the independent taxicab business and 517 MARCH 4, 1981, Cont'd. recommended that the limit on the number of permits to be issued, be increased from I,I twenty to three to five more anyway. Mr. Mahlon Martin, City Manager, advised that a ilk III ' study is being made on valid rules to be applied, based on population and needs, to be' presented in April and suggested that Mr. Fisher seek a permit at that time. There p was no further discussion and Mayor Hubbell declared the public hearing closed and jl Ordinance No. 14,003 was placed on first reading, with the title being: I 1 I AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAXICAB OPERATOR PERMITS TO TWO TAXICAB COMPANIES AND VARIOUS INDEPENDENT TAXICAB OPERATORS; AND FOR OTHER PURPOSES; III with there being a first reading of the Ordinance, followed by a motion from Director i Langston, seconded by Director Keith, that the rules be suspended and the Ordinance be !Ij placed on second 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 l members of the Board of Directors - elect; and a second reading of the Ordinance ensued.l' A motion was then made for a further suspension of the rules to provide for the third I and final reading of the Ordinance at this time; with the motion being made by Director Keith, seconded by Director Weeks, 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 II Board of Directors - elect. There was a third and last reading of the Ordinance, result =' ing 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, Langston, Weeks, j, I I Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; +� Absent - None. The Ordinance was then declared PASSED. it Introduced at this time was Ordinance No. 14,004, with the caption being: AN ORDINANCE AMENDING SECTION 21 -1(c), ADDING SECTIONS 23 -1(m), (n) AND (o), III AMENDING SECTIONS 23- 2(III)(a) AND (f); AND FOR OTHER PURPOSES; it and the Ordinance was read the second time, having been read the first time on February 17, 1981. A discussion followed in which Mr. Larry Carpenter, Attorney for III I Independent Taxicab Operator Tom Robinson, urged passage of the Ordinance to define a it taxicab company as operating five or more taxicabs. Mr. Joe Leveque spoke in opposi- tion stating that he favors one permit for the operation of one taxicab. He further added that as many as three taxicabs are being operated on one permit. Mr. Dewey Worthey also, spoke in opposition and requested tht the Ordinance be enforced. City Manager Mahlon Martin responded by saying, "we are trying ", and Mayor Hubbell requeste1 I Mr. Martin to pursue violations further. There was no further discussion and a motion was made by Director Langston, seconded by Mayor Hubbell to amend Section 2(n) of the Ordinance as follows: "(n) Taxicab Company Permit. The term 'taxicab company permit', shall mean a permit issued for fleet operation of two (2) or more taxicabs." A roll I call was taken which adopted the motion as recorded herein: Ayes - Directors Keith, V Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Bussey - total 1; Absent - None. There was a subsequent motion then made byl� Director Weeks and seconded by Director Langston, that the rules be suspended and the Ordinance, as amended, be read the third and last 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; with the out - I' I come being a third and last reading of the Ordinance, as amended. There was an Aye IC 1' and No Vote taken on the passage of the Ordinance, as amended, with the results re- corded as follows: Ayes - Directors Keith, Langston, Weeks, Shackelford, Mayor `4 Hubbell and Director Jones - total 6; Noes - Director Bussey - total 1; Absent - No I I MARCH 4, 1981, Cont'd. Mayor Hubbell then announced that the Ordinance, as amended, had PASSED. Presentation of Resolution No. 6,525 was then made with the title being: A RESOLUTION DIRECTING THE LITTLE ROCK PLANNING COMMISSION TO ENFORCE ALL SUB- , DIVISION CODE PROVISIONS REGARDING SIDEWALK REQUIREMENTS; AND FOR OTHER PURPOSES; with there being a full reading of said Resolution, which was thereafter adopted upon motion of Mayor Hubbell, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Resolution No. 6,526 was presented, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY TO THE INSTITUTE OF MUSEUM SERVICE FOR GRANT FUNDS TO BE USED FOR THE ZOO OF ARKANSAS; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion then followed from Director Bussey, seconded by Director Langston, which resulted in a roll call whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. ' The next presentation was Resolution No. 6,527, 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 described as Part of Block 7, Granite Mountain Light Industrial Subdivision - Booster Station No. 3) and there was a full reading of the Resolution; with an ensuing motion from Director Langston, seconded by Director Keith, for adoption of the Resolution. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Resolution No. 6,528 was the next matter to be considered, entitled: A RESOLUTION EXTENDING A "THUNDERING HERD OF REPUBLICAN ELEPHANTS" TO THE GOVERNOR OF ARKANSAS; ' and the Resolution was read in full by Director Keith. The Resolution stated that Leah and A. M. "Sandy" Keith recently returned from a trip to China, sponsored by the National League of Cities and paid for by A. M. Keith. The Resolution asked that Mayor Hubbell appoint a committee to present the "Thundering Herd of Republican Elephants" to Governor Frank White, Republican Governor of Arkansas. Mayor Hubbell then commented that Directors Keith and Weeks could make the presentation. Motion was made and seconded by Directors Keith and Weeks, respectively, that the Resolution be adopted. The Resolution was unanimously adopted by Board Members present. Consideration was then given to Resolution No. 6,529, with the title being: A RESOLUTION MAKING APPOINTMENTS TO THE CENTRAL ARKANSAS COMPREHENSIVE PLANNING COUNCIL; AND FOR OTHER PURPOSES; (Everette Tucker, Jr., John Parrish, Bob Morgan, L. E. Fisher, Delbert Lewis, Roland Launis, Barbara Hampton, Mrs. Sue Cowan Williams, Jeane Lambie, Ray Pearce, Clifton Wells, Paul Berry, Donald G. Johnson, Werner Knoop, Dr. H. T. Muzumdar and Ms. Ruth Bell - for 1981) , with the Resolution being read in its entirety; after which there was a motion by Director Keith, seconded by Director Langston, resulting in a roll call vote which adopted the Resolution as recorded herein: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. ✓ I�IIIIlI !11111' J MARCH 4, 1981, Cont' The last matter to be considered was Resolution No. 6,530, containing the following heading: A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH THE FEDERAL HIGHWAY ADMINISTRATION FOR A GRANT TO INTERCONNECT TRAFFIC SIGNALS ALONG CERTAIN ARTERIAL STREETS; TO CONSTRUCT OTHER IMPROVEMENTS; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution; with an ensuing motion from Mayor Hubbell, seconded by Director Keith, for adoption of the Resolution. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - 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 Bussey, seconded by Director Keith, and by unanimou vote of the members of the Board of Directors present, the meeting was adjourned at 8:45 o'clock P. M., to meet again in regular session at 7:30 o'clock P. M. on Tuesday, March 17, 1981. ATTEST:_ 1 7 ti APPROVED: �� Mayor City Clerk Ma Y * * * * * * * * * * * * _52 Board of Directors Chamber Little Rock, Arkansas `` March 17, 1981 - 7:00 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Weeks, Bussey and Jones - ttoal 5; Absent - i Director Shackelford - total 1. A quorum was declared to be present and the meeting therefore, proceeded as herein recorded. The Invocation was given by Vice Mayor Bussey. Presented first from the Official Agenda were the Consent Items, described as follows: N (a) The Minutes of the previous meeting held March 4, 1981. I (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of January, 1981. (c) Resolution No. 6,531, entitled: A RESOLUTION SETTING A PUBLIC HEARING DATE OF APRIL 7, 1981 FOR AN AMENDMENT TO THE MASTER STREET PLAN TO INCLUDE THE EXTENSION OF FAIRVIEW 'i ROAD EASTWARD TO RODNEY PARHAM ROAD AS A COLLECTOR STREET. (Public Hearing date April 7, 1981) (d) Resolution No. 6,532, 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 LEEDS STREET IN BLOCK 23, C. 0. BRACK'S ADDITION TO THE CITY OF LITTLE ROCK, ARK.':NSAS. (Public Hearing date April 7, 1981) (e) Resolution No. 6,533, containing the following caption: 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 4 IN BLOCKS 23, 24 & 31, C. 0. BRACK'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date April 7, 1981) ' (f) Resolution No. 6,534, described as: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE OF DARING ON THE PETITION TO VACATE AN ALLEY „ IN BLOCK 23, C. O. BRACK'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (Public Hearing date April 7, 1981) . (g) Resolution No. 6,535, entitled: I i A RESOLUTION PERTAINING TO OFF STREET PARKING FACILITIES ACCOMMODATING THE CIVIC CENTER -HOTEL CENTER NOW UNDER CONSTRUCTION IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES: (h) Resolution No. 6,536, entitled: A RESOLUTION AUTHORIZING A CONTRACT FOR FIRE PROTECTION SERVICE OUTSIDE THE CITY FOR RIFFE PETROLEUM COMPANY; AND FOR OTHER PURPOSES. (i) Resolution No. 6,537, with the title being: ' A RESOLUTION AUTHORIZING THE ADVERTISEMENT OF SURPLUS CITY PROPERTY AND THE LISTING OF THE PROPERTY WITH THE BOARD OF REALTORS; AND FOR OTHER PURPOSES. (j) Resolution No. 6,538, described as: MARCH 17, 1981, Cont'd. A RESOLUTION REQUESTING A CHANGE INT THE BOUNDARIES OF THE LITTLE ROCK AND VICKSBURG DISTRICTS OF THE U. S. ARMY CORPS OF ENGINEERS; AND FOR OTHER PURPOSES. By motion of Director Langston, seconded by Director Jones, with all Board Members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minu 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, d, e, f, g, h, i & j) Resolutions No. 6,531, 6,532, 6,533, 6,534, 6,535 6,536, 6,537 and 6,538 were read in full and adopted by unanimous roll call vote of th Board of Directors present. Mr. Jeffrey Hawkins, President of the East End Civic League and a group of conce ed citizens in the eastern and southern parts of the City were present to address problems in the neighborhood. Mr. Hawkins introduced Ms. Mae W. Jones who cited high crime,_ .ppen ditches and vacant lots that breed rats and mosquitoes. She requested he in getting these situations corrected. Mr. Earnest Redding of 1300 Scott Street com- plained that the closing of 8th Street from Bond Street to Bender Street, has created traffic jams, fire trucks no longer have access to the street, and asked the Board of Directors to see what can be done to re -open 8th Street. Mr. Hawkins presented a petition to the City Clerk containing approximately 350 signatures of citizens in the East and South Ends, pertaining to development of those areas and requesting a public hearing to discuss same. Mr. Jack Young, Attorney for [drape Forest Industries, voiced inconvenience and objection to the closing of 8th Street. He asked the Board to officially repeal Ordinance No. 13,849 closing 8th Street between Bond and Bender Streets. Mr. Mahlon Martin, City Manager advised that he would request the City At to investigate the legality of the street closure and at the next Agenda Meeting, possibly consider setting a public hearing date on the issue. There was no further discussion and no action taken. A Public Hearing had been scheduled and advertised for this time and place on the "Heights- Hillcrest Plan" prepared by the Department of Comprehensive Planning. Mayor Hubbell then announced that the Public Hearing was open and invited those wishing to speak to come forward. There was no one present to address the Plan and the Hearing was declared closed, with the Ordinance approving and adopting the Plan being placed first reading. (See Ordinance No. 14,005 as follows) Ordinance No. 14,005 was presented, entitled: AN ORDINANCE APPROVING AND ADOPTING THE HEIGHTS /HILLCREST PLAN WRITTEN BY THE OFFICE OF COMPREHENSIVE PLANNING AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance, followed by a motion from Director Langston to suspend the rules and place the Ordinance on its second reading. The moti was seconded by Director Bussey, adopted by unanimous vote of the Board Members presen 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 Keith and Langston, 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, and the resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell Cont'd. and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. A Public Hearing had also been scheduled for this time and place to amend the Suburban Development Plan to provide a change from "Single - family Attached" to "Sub- ' urban Office Park" on property located at the intersection of Woodland Heights Road and Cantrell Road. Mayor Hubbell declared the public hearing open, but when no one was present to speak either for or against the amendment, he declared the Hearing close I �dll and the proposed Ordinance was placed on first reading. (See Ordinance No. 14,006 below) Next presented was Ordinance No. 14,006, with the title being: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN MAP FROM SINGLE FAMILY ATTACH - (Woodland Hgts., Mayor Hubbell declared the Public Hearing open and when no one was present to speak & Cantrell Rd.1 ED TO SUBURBAN OFFICE PARK AND FOR OTHER PURPOSES; , which Ordinance was read the first time. Director Bussey 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 is 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 Bussey, again seconded by Director Jones, 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, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Whereupon, the Ordinance was declared ' PASSED. Another Public Hearing was scheduled for this time and place to amend the Sub- urban Development Plan Map to allow a change from "Single - family" to "Industrial" classification on property located in an area north and east of the City of Alexander. Mayor Hubbell declared the Public Hearing open and when no one was present to speak for or against the classification change, the Hearing was declared closed, and Ordi- , nance No. 14,007 was presented, with the title being: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN MAP, ADOPTED BY ORDINANCE NO. 13,874 FROM SINGLE FAMILY TO INDUSTRIAL AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director Jones, seconded by Director Bussey, 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 motion was again Board of Directors - elect. Upon second reading of the Ordinance, g made to suspend the rules to allow for the third and final reading of the Ordinance at this time, with the motion being made by Director Bussey, seconded by Director Langston 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, followed by an Aye and No Vote ' taken on the question, Shall the Ordinance Pass, with the resulting vote being record- - ed as herein described: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones- total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. MARCH 17, 1981, Cont'd. Introduced at this time was Ordinance No. 14,008, entitled: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN MAP, ADOPTED BY ORDINANCE ' NO. 13,874 FROM SINGLE FAMILY TO SUBURBAN OFFICE AND FOR OTHER PURPOSES; (Deleting Single - family Attached classification westward along Hinson Road to Napa Valley and along a portion of Hinson Loop Road) with the Ordinance being read again, having been read the last time on December 5, 198 with the vote being deferred and the proposed Ordinance left on the calendar for sixty days. There was no discussion and a roll call vote was taken on the question, Shall the Ordinance Pass, with the response recorded as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Therefore, the Ordinance was declared PASSED was placed on first reading as follows; A proposed Ordinance was presented described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RODNEY PARHAM ROAD AND GREEN MOUNTAIN DRIVE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ' SECTION 43 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 Shackelford 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 Membe 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 seconded by Directors Keith 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. 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 - None; Noes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Absent - None. The Ordinanc was declared to have FAILED. Zoning Petition No. Z -3569 was presented, having been approved by the Planning Commission on February 24, 1981 and submitted by Mr. Chuck Wood. The petitioner requested that 4605 Gum Springs Road, described as Lot 27, Gum Spring Subdivision to the City of Little Rock, be rezoned from "R -2" Single - family District to "R -5" Urban Director Shackelford was enrolled. Zoning Petition No. Z -3645 was the next presentation, having been submitted by Bill Rector, Jr. for Charles & Elizabeth Menard, to rezone the J. M. H. Subdivision located at the S/E Corner of Rodney Parham Road and Grcen Mountain Drive, from "R -2" Single - family District to "C -3" General Commercial District. The Planning Commission approved the application on February 24, 1981. Mr. Bill Rector presented the request for rezoning stating the property is not suitable for multi - family use; a cemetery is located next door; and, property in the vicinity is zoned for commercial use. Mr. Charles Menard, 3205 North Rodney Parham Road, and owner of the property commented that his property is well maintained and he would like it zoned for the purpose which is was built. In conclusion, he expressed appreciation for the Board's consideration. Director Keith was of the opinion that it would not be detrimental for the property to remain in non - conforming use. Mrs. Demmy Steppe, 10708 San Joaquin Valley Lane voiced opposition to the proposal. There was no further discussion and the proposed Ordinanc was placed on first reading as follows; A proposed Ordinance was presented described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RODNEY PARHAM ROAD AND GREEN MOUNTAIN DRIVE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING ' SECTION 43 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 Shackelford 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 Membe 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 seconded by Directors Keith 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. 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 - None; Noes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Absent - None. The Ordinanc was declared to have FAILED. Zoning Petition No. Z -3569 was presented, having been approved by the Planning Commission on February 24, 1981 and submitted by Mr. Chuck Wood. The petitioner requested that 4605 Gum Springs Road, described as Lot 27, Gum Spring Subdivision to the City of Little Rock, be rezoned from "R -2" Single - family District to "R -5" Urban N MARCH 17, 1981, Cont'd. I � G Residence District. No opposition was presented to'the reclassification of the subject jproperty and a proposed Ordinance was presented, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 4605 GUM SPRINGS ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY ' OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the proposed Ordinance was read the first time. There was a motion by Director I Langston, seconded by Director Weeks, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by members of the Board of Director present, being seven in number and two - thirds or more of the members of the Board of i Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Bussey to again suspend the rules and place the Ordinance on third I and final reading; which motion was seconded by Director Weeks, and adopted by unanimol 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 i last reading of the Ordinance. At this point, Director Jones commented, "there are I� residential feelings against the reclassification" and made a motion to defer the vote on the matter for two weeks. The motion was adopted by unanimous voice vote of the ' Board of Directors present; therefore, the proposed Ordinance remained on the calendar. Zoning Petition No. Z -3646 was the next presentation, having been submitted by Attorney H. B. Stubblefield for Fairmont, Inc., to rezone the S/E Corner of 8th and I� Marshall Streets, described as the W 1/2 of Lots 1 and 2, Block 1, EXCEPT the East 4 feet thereof, FAUST ADDITION to the City of Little Rock, from "R -5" Urban Residence i to "0-3" General Office District. The Planning Commission approved the application on w February 24, 1981 and there being no one present to oppose the proposal, Ordinance f No. 14,009 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 8TH AND MARSHALL STREETS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE I OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; i and after a first reading of the Ordinance, there was a motion by Director Langston, I! seconded by Director Weeks, to suspend the rules and place the Ordinance on second , reading. The motion was unanimously adopted by members of the Board of Directors it 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 by Director Langston to again suspend the rules and place the Ordinance on II third and final reading; which motion was seconded by Director Jones, and 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. There was a I�I third and final reading of the Ordinance, after which an Aye and No Vote was taken on �j the passage of the Ordinance and resulted as follows: Ayes -Directors Keith, Langston i - - Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones total 7; Noes None; Absent - None. Whereupon, the Ordinance was declared PASSED. Application for Conversion Strategy Adjustment Only (Z -3634) was presented from Ronnie Hall for Pleasant Valley Development Company, to rezone Riverdale Addition from "I -2" Light Industrial District to "C -3" General Commercial District. No opposition ' is was presented and Ordinance No. 14,010 was placed on first reading, with the.:title + being: I AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE RIVERDALE ADDITION IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF Ir MARCH 17, 1981, Cont'd. 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 Directors Jones and Bussey, respectively, which was adopted by unanimous 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. The Ordinance was read the second time; after which there was a subsequent motion from Director Jones, again seconded by Director Bussey, that the rules be furth suspended and the Ordinance be placed on its third and final reading. The motion was unanimously 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; and the Ordi- nance was then read the third and last time. The resulting Aye and No Vote taken on the question, Shall the Ordinance Pass, received the following response: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jo total 7; Noes - None; Absent - None. An announcement followed that the Ordinance PASSED. ' The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure: Z -3644 - From Johnny Burnett for Samuel L. Beavers and Josef and Agnes Villiger, to rezone the 6900 Block of Geyer Springs Road, described as Lots 1 and 2, Sam Hill Addition, from "I -2" Light Industrial District to "C -3" General Commercial District. Z -3648 - From Fredrick Jefferson to rezone Lot 24, Pine Forest Addition, from "C -3" General Commercial District to "R -3" Single - family District. Z -3649 - From Joe Anderson to rezone 2318 Wright Avenue, described as the E 60 ft. of the S 100 ft. of the W 150 ft. of Block 22, Park Addition to the City of Little Rock, from "C -3" General Commercial District to "R -5" Urban District. There was no one present to speak in opposition to the conversions and Ordinance No. 14,011 reclassifying the properties was placed on first reading, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; ' IIIIIII AND FOR OTHER PURPOSES; which Ordinance was read the first time. A motion followed from Director Jones, seconded by Director Bussey, 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 - thirds or more of the members of the Beard of Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Jones to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Bussey, and adopted by un- animous 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance with the response being: Ayes - Directors Keith, Langsto Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; ' VIII Absent - None. The Ordinance was then declared PASSED. l Ij A public hearing had been scheduled by Resolution No. 6,521 and notice thereof duly published on March 9, 1981 and March 16, 1981, on the petition from Kaufman Lumbe Company, et al, to vacate and close all that portion of the alley lying between Brack Street and Asher Avenue, that fronts upon Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, Block-_ 28, C. 0. Brack's Addition to the City of Little Rock, as approved by MARCH 17, 1981, Cont'd. the Planning Commission. Attached to the petition was a certified copy of the plat of C. O. Brack Addition as filed of record in the office of the Pulaski County Circuit Clerk. Also attached to the petition was a letter from Little Rock Abstract Company ' listing the last owners of record to abutting property. Mayor Hubbell then declared the public hearing open and with no one present who wished to speak either for or against the proposal, the public hearing was declared closed. (See Ordinance No. 14,012 below) Introduced at this time was Ordinance No. 14,012, containing the following title: AN ORDINANCE VACATING AND CLOSING THE ALLEY BETWEEN ASHER AVENUE AND BRACK STREET IN C. O. BRACK ADDITION TO THE CITY OF LITTLE ROCK; with there being a first reading of the Ordinance. The rules were then suspended and the Ordinance placed on its seco reading by a motion from Directors Bussey and Shackelford, respectively, which was adopted by unanimous voice vote of the Board Members present, being seven in number a 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 Bussey, again seconded by Director Shackelford, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously 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; 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, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. An announcement followed that the Ordinance had PASSED. The Petition from the Arkansas Childrens Hospital by Attorney Russell Meeks, III, was presented to vacate and close that portion of Wolfe Street lying between the south line of West Ninth Street and the north line of West Tenth Street, and lying between Blocks 10 and 11 of Marshall and Wolfe's Addition to the City of Little Rock, Pulaski County, Arkansas. The Petition had received the approval of the Planning Commission. A Public Hearing had been scheduled for this time and place by Resolution No. 6,522, with Notice thereof having been duly published on March 9, 1981 and March 16, 1981, as ' required by Law. Mayor Hubbell declared the public hearing open; however, there was no one present to speak either for or against the street closure and the hearing was declared closed. Therefore, an Ordinance to close the above - described street was place on first reading. (See Ordinance No. 14,013 as follows) Ordinance No. 14,013 was then considered, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACAT AND CLOSING A PORTION OF P:OLFE STREET LYING BETWEEN THE SOUTH LINE OF WEST NINTH STREE AND THE NORTH LINE OF WEST TENTH STREET, AND LYING BETWEEN BLOCKS 10 AND 11, MARSHALL AND WOLFE'S ADDITION, LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion made at this time by Director Shackelford, seconded by Mayor Hubbell, 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 seven 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 made by Director Weeks, again seconded by Mayor Hubbell, 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 seven in number and two - thirds or more of the MARCH 17, 1981, Cont'd. 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 - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. The neat presentation was Ordinance No. 14,014, 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; (West Side of Jamison Road approximately 600 ft, north of Avery Road - Court Order dated February 2, 1981) 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 and seconded by Mayor Hubbell, which was adopted by unanimous voice vote of the Board Members prese 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 Shackelford, seconded by Director Jones, that the rules be susp ed and the Ordinance be placed on its third and final reading. The motion was un- animously adopted by voice vote of the Board Members present, being seven in number 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 herein recorded as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was therefore, declared PASSED. A Public Hearing had been advertised for this time and place, upon the question of issuance of Act 9 Industrial Development Revenue Bonds for the Flintkote Company. The Public Hearing was declared open by Mayor Hubbell who invited speakers to come forward. There was no one present who wished to oppose the issue, the Public Hearing was declared closed and an Ordinance authorizing the issuance of the bonds was placed on first reading. (See Ordinance No. 14,015 below) Ordinance No. 14,015 was presented, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE FLINTKOTE COMPANY; AUTHORIZING THE SALE OF THE BONDS AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; ($9,500,000) and after a first reading of the Ordinance, there was a motion from Director Shackel- ford, seconded by Director Jones, 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 then read the second time. A subsequent motion was made at this time by Director Jones and seconded by Director Shackelford, for a further ' suspension of the rules to allow for the third and final reading of the Ordinance. 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 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 - Directors Keith, 52 11 MARCH 17, 1981, Cont'd. Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Emergency Clause contained in Section 11 of the foregoing Ordinance was read and adopted by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was then announced by Mayor Hubbell that the Ordinance, together with the Emergency Section had PASSED. Introduced at this time was Ordinance No. 14,015, with the title being: AN ORDINANCE LEVYING A CITY -WIDE SALES AND USE TAX; PRESCRIBING OTHER MATTERS ii RELATING THERETO; AND DECLARING AN EMERGENCY; hwhich Ordinance was read the first time. A discussion ensued in which Mr. P. A. I �I Hollingsworth, Attorney for the "Leadership Roundtable" was the first speaker. He ' advised the Board of Directors that he was present to discuss a matter of great concern Y I� stating "no one will contest the City is in need of revenue to provide services, but this will give the people an opportunity to speak on the manner the Board of Directors i is elected. At the same time you put the sales tax on the ballot, we are asking that I( you also,place on the ballot, the matter of whether or not, the people want to elect Directors from single - member districts or at- large." Mayor Hubbell responded that this i �II request was a "last minute recommendation" and asked Mr. Hollingsworth to "put it in writing so the Board could consider it at a later time." Mr. Floyd Van Horn, president �f of the Little Rock Municipal Police Association, Fraternal Order of Police, Lodge 17, advised the Board and citizens present, that the association is behind the Sales Tax 100% and will support the passage adding, "we will get this tar. passed." There was no iYY it I further discussion and a motion followed by Director Keith, seconded by Director Langston, 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 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 i it for a further suspension of the rules to provide for the third and last reading of the ail Ordinance at this time; with the motion being again made by Director Keith, seconded i by Director Jones, and 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. The Ordinance was read the third and last time, and there was an Aye and No Vote taken on the passage of the Ordinance and recorded as follows: Ayes - i Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared i !I PASSED. The last Ordinance to be considered was Ordinance No. 14,017, described as: AN ORDINANCE CALLING A SPECIAL ELECTION ON THE QUESTION OF LEVYING A SALES AND USE TAX WITHIN THE CITY OF LITTLE ROCK UNDER THE PROVISIONS OF ACT 990 OF 1975 AND ACT 133 OF 1981 FOR THE PURPOSES OF IMPROVEMENT OF MUNICIPAL SERVICES AND TO INSURE A STABLE SOURCE OF REVENUE; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and after a first reading of the Ordinance, there was a motion by Director Keith, ' seconded by Mayor Hubbell, to suspend the rules and place the Ordinance on second ii 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 I Directors - elect; and the second reading of the Ordinance ensued. A subsequent motion I', MARCH 17, 1981, Cont'd. was made by Director Jones to again suspend thelrules and place the Ordinance on third �u Absent - None. The Emergency Section contained in Section17 of the foregoing Ordinance was then read and adopted by the following roll call v Weeks, Bussey, Shackelford, Mayor Hubbell and Absent - None. Mayor Hubbell then announced Emergency Section, had PASSED. At 8:25 o'clock P. M., Mayor Hubbell made recess to Executive Session for the purpose of Commissions. The motion was seconded by Direc the Board Members present. The Board of Directors reconvened in the with all Board Members answering roll call. of Daniel Patrick Littlefield to the Little Resolution No. 6,539 was presented, entitled: A RESOLUTION APPOINTING DIRECTOR LOTTIE OF THE NATIONAL JOB CORPS BOARD; Ayes - Directors Keith, Langston, Jones - total 7; Noes - None; t the Ordinance, together with the motion that the Board of Directors scussing appointments to Boards and Weeks and unanimously adopted by Chamber at 8:50 o'clock P. M. Hubbell announced the appointment 150th Birthday Committee, and TO PARTICIPATE AS A MEMBER with the Resolution being read in its entirety;lafter which there was a motion by Mayor Hubbell, seconded by Director Keith, res the Resolution as recorded herein: Ayes - Shackelford, Mayor Hubbell and Director Jones There being no further business to be Directors, upon motion of Director Keith, seco unanimous vote of the members of the Board of adjourned at 8:55 o'clock P. M., to meet again on Tuesday, April 7, 1981. ATTEST: ( %� City Clerk ting in a roll call vote which adopted Keith, Langston, Weeks, Bussey, total 7; Noes - None; Absent - None. or to come before the Board of by Director Langston, and by rectors present, the meeting was regular session at 7:30 o'clock P. M Mayor and final reading; which motion was seconded by Director Bussey, and adopted by un- animous vote of the members of the Board of Dir ctors 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, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as fo lows: Ayes - Directors Keith, Langstc Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; �u Absent - None. The Emergency Section contained in Section17 of the foregoing Ordinance was then read and adopted by the following roll call v Weeks, Bussey, Shackelford, Mayor Hubbell and Absent - None. Mayor Hubbell then announced Emergency Section, had PASSED. At 8:25 o'clock P. M., Mayor Hubbell made recess to Executive Session for the purpose of Commissions. The motion was seconded by Direc the Board Members present. The Board of Directors reconvened in the with all Board Members answering roll call. of Daniel Patrick Littlefield to the Little Resolution No. 6,539 was presented, entitled: A RESOLUTION APPOINTING DIRECTOR LOTTIE OF THE NATIONAL JOB CORPS BOARD; Ayes - Directors Keith, Langston, Jones - total 7; Noes - None; t the Ordinance, together with the motion that the Board of Directors scussing appointments to Boards and Weeks and unanimously adopted by Chamber at 8:50 o'clock P. M. Hubbell announced the appointment 150th Birthday Committee, and TO PARTICIPATE AS A MEMBER with the Resolution being read in its entirety;lafter which there was a motion by Mayor Hubbell, seconded by Director Keith, res the Resolution as recorded herein: Ayes - Shackelford, Mayor Hubbell and Director Jones There being no further business to be Directors, upon motion of Director Keith, seco unanimous vote of the members of the Board of adjourned at 8:55 o'clock P. M., to meet again on Tuesday, April 7, 1981. ATTEST: ( %� City Clerk ting in a roll call vote which adopted Keith, Langston, Weeks, Bussey, total 7; Noes - None; Absent - None. or to come before the Board of by Director Langston, and by rectors present, the meeting was regular session at 7:30 o'clock P. M Mayor i Board of Directors Chamber Little Rock, Arkansas i April 7, 1981 - 7:30 P. M. _ The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors were present: Directors Keith, Langston, Weeks, Bussey and Jones - total 5; Absent - Director Shackelford - total 1. It was then announced that a quorum was present and the meeting proceeded as herein recorded. it The Invocation was given by Director Langston. The first presentation from the Official Agenda consisted of the Consent Items, I listed as follows: (a) The Minutes of the previous meeting held March 17, 1981. (b) The 1980 Audit Report of the Little Rock Municipal Water Works. (c) The 1980 Audit Report of the City of Little Rock. (d) Resolution No. 6,540, entitled: , A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR EQUIPMENT FOR THE FIRE DEPARTMENT, REPLACEMENT PARTS FOR THE TRAFFIC SIGNAL SYSTEM )TIRE RECAPPING, FOR PROPERTY INSURANCE FOR CITY -OWNED STRUCTURES AND ROOFING REPAIRS FOR CERTAIN CITY -OWNED BUILDINGS; WAIVING COMPETITIVE BIDDING IN THE AWARD OF A CONTRACT FOR REPLACEMENT PARTS FOR THE CITY'S COMPUTERIZED TRAFFIC SIGNAL SYSTEM; DECLARING AN EXCEPTIONAL SITUATION IN THE CASE OF PURCHASE OF REPLACEMENT PARTS FOR THE CITY'S COMPUTERIZED TRAFFIC SIGNAL SYSTEM; AND FOR OTHER PURPOSES. (e) Resolution No. 6,541, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE ALLEY IN BLOCK 36, PULASKI HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, I ARKANSAS. (f) Resolution No. 6,542, described as: A RESOLUTION AUTHORIZING FRIENDS OF THE ZOO TO COLLECT ADMISSION FEES ' ONE DAY A YEAR AT THE ZOO OF ARKANSAS FROM 9:30 A. M. TO 5:30 P. M. AND FOR OTHER PURPOSES. (g) Resolution No. 6,543, containing the following title: A RESOLUTION DESIGNATING THE FIRM OF TOWNLEY- WILLIAMS -BLAIR ARCHITECTS, III INC., AS THE PROJECT ARCHITECT FOR THE FIRE STATION TO BE LOCATED AT SHACKLE -� FOR ROAD AND SHACKLEFORD PLAZA; AUTHORIZING NEGOTIATIONS FOR COMPLETE DESIGN SERVICES, COMPLETE PLANS AND SPECIFICATIONS, AND CONSTRUCTION SUPERVISION II �I FOR THIS PROJECT; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TOWNLEY- WILLIAMS -BLAIR AS ARCHITECTS FOR DESIGN OF THE NEW FIRE STATION; II AND FOR OTHER PURPOSES. (h) Resolution No. 6,544, entitled': A RESOLUTION AUTHORIZING THE SALE OF CITY OWNED PROPERTY LOCATED AT 14TH AND CENTER STREETS TO MR. AND MRS. JOSEPH ROSS, FOR $8,000; AND FOR , OTHER PURPOSES. ' (i) Resolution No. 6,545, with the title being: A RESOLUTION SETTING THE DATE OF MAY 5, 1981, FOR A PUBLIC HEARING ON AN AMENDMENT TO THE MASTER STREET PLAN PERTAINING TO RESIDENTIAL COLLECTOR U. Y -- - APRIL 7, 1981, Cont'd. STREETS BETWEEN PANKEY ADDITION, TAYLOI LOOP ROAD, AND HINSON ROAD; Yi AND FOR OTHER PURPOSES. ' (j) Resolution No. 6,546, described as: A RESOLUTION SETTING THE DATE OF APRIL 21, 1981, FOR A PUBLIC HEARING ON A MODIFICATION OF THE MASTER STREET PLAN PLANNING BOUNDARY; AND FOR I OTHER PURPOSES. (k) Resolution No. 6,547, containing the f -lowing caption: A RESOLUTION AUTHORIZING THE RENEWAL OF THE CITY'S CONTRACT FOR PUBLIC OFFICIAL LIABILITY INSURANCE FOR A PERIOD OF ONE YEAR; AND FOR OTHER PURPOSES. (1) Resolution No. 6,548, entitled: A RESOLUTION STATING THE SUPPORT CF THE BOARD OF DIRECTORS OF THE CITY l� OF LITTLE ROCK FOR THE WATER WORKS COMRISSION'S PLAN TO PROVIDE WATER TO I NORTH LITTLE ROCK AT THE EAST BELT FREEWAY BRIDGE; AND FOR OTHER PURPOSES. 1 (m) Resolution No. 6,549, with the title being: A RESOLUTION RECOGNIZING THE ADOPTION OF A SIGN RESOLUTION BY METROCENTREI� 'r ' IMPROVEMENT DISTRICT NO. 1.BOARD OF CO ISSIONERS; STATING THAT IT IS THE INTENT OF THE BOARD OF DIRECTORS THAT allE BOARD OF COMMISSIONERS OF METRO - CENTRE IMPROVEMENT DISTRICT NO. 1 PROVIDE ITS OWN ENFORCEMENT OF THE SIGN CODE; AND FOR OTHER PURPOSES. I (n) Resolution No. 6,550, described as: I, I' '.p A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR PLANNING AND IMPLEMENTATION OF SERVICES FOR THE REVITALIZATION OF DOWNTOWN 'I LITTLE ROCK; AND FOR OTHER PURPOSES. By Motion of Director Keith, seconded by Directol Langston, 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 were approved as written and summarized to the I. Board of Directors; (b) The Audit Report of the Iittle Rock Municipal Water Works was received and filed; (c) The Audit Report of the City of Little Rock for the year 1980 was received and filed; and (d, e, f, g, h, i, j, k, 1, m & n) Resolution Nos. 6,540, ' 6,541, 6,542, 6,543, 6,544, 6,545, 6,546, 6,547, 6,548, 6,549 and 6,550 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones total 6; Noes - None; Absent - pf Director Shackelford - total 1. An Appeal of the Planning Commission's denial on March 24, 1981 of Zoning Petition ;I No. Z- 3406 -A, submitted by Mr. Steve Bonds for T oy Braswell, requesting the rezoning �f fll of a 1.71 acre tract (long legal description) located on Mabelvale Pike near the inter- section. of 49th Street, from "0-3" General Office District to "MF -24" Multi - family i District, was presented for consideration at this time. A motion was then made by ! I,Ij Director Weeks, seconded by Director Jones, and unanimously adopted by voice vote of the I'I Board Members present, which fixed the date of Public Hearing on this Zoning Appeal for Tuesday, April 21, 1981 at 7:30 P. M. A Public Hearing had been set for this time and place on an amendment to the Master Street Plan to include Fairview Road Extension as a collector street, and Mayor Hubbell'' declared the public hearing open. Several persons were present to address the issue. Mr. David Henry residing on Woodland Heights Road, was spokesman for residents in the area. He pointed out the two alternatives that were presented at the Planning Commissio I meeting; the first being the extension of Fairview Road straight through to Rodney `I �I�li 532!j N - -� ` -APRIL 7, 1981, Cont'd. -- I Parham Road, and the second being the construction of a cul -de -sac on Fairview Road and one on Woodland Heights Road. He stated that importance to the residents is to take the non - resident traffic out of their single - family residential area, and:they ' ill strongly recommended the second alternative. Mr. Dan Phillips who owns adjacent property mentioned a past proposal of Safeway Stores for off -site improvements adding, "I had rather not see the whole thing come up again." He suggested leaving things as they are, but favored the cul -de -sac alternative. Mr. Jack Castin stated that the Street Plan should be left as is and opposed extension of Fairview Road to Rodney 11 V Parham Road. Upon question by Mayor Hubbell, Mr. Henry stated he could guarantee the � cul -de -sacs could be accomplished by the thirty -six property owners with the formation I of a small improvement district. Director Jones advised that she would like to "run" I the dul -de -sac concept by the Fire Department and School System. Mayor Hubbell asked 'j for a motion to defer the public hearing for two weeks as it seemed residents and I property owners were in near agreement for the cul -de -sac project. Mr. Jim Hathaway said a delay would cause an inconvenience and urged the Board to vote against putting this extension on the Master Street Plan. Mr. Dick Patterson representing Christ the King Church voiced opposition to extension of Fairview Road and supported the cul-de- sac proposal. Mr. Nathaniel Griffin, Director of the Department of Community Develop - �I ment explained the issues involved with the two proposals. There was no motion to li iidefer the matter, but a motion was made by Director Keith, seconded by Director Langsto , I to adopt the second alternative which is the cul -de -sac concept.. The motion was adopte III by unanimous voice vote of the members of the Board of Directors present. There was no further discussion, the public hearing was closed and the proposed Ordinance was placed on first reading which provides for a cul -de -sac on Fairview Road and one on Woodland I Heights Read. (See the proposed Ordinance as follows) I A proposed Ordinance was presented, entitled: MF AN ORDINANCE ADDING FAIRVIEW ROAD AND WOODLAND HEIGHTS ROAD TO THE MASTER STREET PLAN AS CUL -DE -SAC STREETS; AND FOR OTHER PURPOSES; I and the Ordinance was read the first time, followed by a motion from Director Langston to suspend the rules and place the Ordinance on its second reading. The motion was ' seconded by Director Jones, 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. It was generally agreed by the Board Members to leave the Ordinance on the calendar until Wednesday, April 15, 1981 at which time the Board of Directors will reconvene for the purpose of opening bids IIP { on the sale of $6,500,000 Sewer Revenue Bonds. Therefore, the proposed Ordinance remained on the calendar for third and final reading on Wednesday, April 15, 1981 at approximately 11:15 A. M. i Presented for consideration at this point was a proposed Resolution, entitled: i A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A DEED GRANTING AN EASEMENT ON THE OZARK POINT WATER WORKS PROPERTY; AND FOR OTHER PURPOSES; with said Resolution being read in full. Mr. George Cook, land developer and to whom the easement would be granted, was the first person to speak regarding the matter. He referred to a letter he had sent to members of the Board of Directors with reasons ' stated therein, and requested that action on the matter be deferred for two weeks. When Mayor Hubbell asked for comments from the opposition, Mr. Warren Baldwin, Jr. of 3420 Hill Road, speaking for a large group of property owners in the area, was of the opinion that a delay would not change the proposal. Mr. Austin McCaskill, Jr. commented I i APRIL 7, 1981, Cont'd. that he could not see what additional preparations it would take when all the issues were addressed. Director Langston advised that he had received a telephone call with ' the person pointing out two zoning ordinances that could cause legal problems, and requested City Attorney Jack Magruder to comment on this matter. Mr. Magruder said, "there are two issues; one, whether or not you want to grant an easement and you certainly have the authority to do that if you want to, or to refuse to do it; the second issue is that if you grant the easement, can the property that is conveyed be used as off or on -site parking to allow Mr. Cook to develop his property in the fashi that he wishes, which I understand is condominiums. My opinion is that you have to appreciate the fact that opinions differ from the Board of Adjustment, the Water Works and Staff Planning. Even if you grant the easement, he cannot meet the provisions of the zoning ordinance and do what he wants to do. I have talked to Mr. David Henry, whom I think, represents Mr. Cook, and he has indicated there are some legal arguments that he would like to make and submit for our consideration, and'if there is no oppos- ition to that, I would certainly be willing to hear Mr. Henry's arguments." A motion ' was then made by Director Bussey to defer the matter because he felt it unfair for a citizen to request a delay and not get it. The motion was seconded by Director Langst for reason of further discussion with his comment that this does not indicate the way he plans to vote on the issue. A roll call was taken on the motion with the results recorded as follows: Ayes - Directors Langston, Bussey and Jones - total 3; Noes - Directors Keith, Weeks and Mayor Hubbell - total 3; Absent - Director Shackelford - total 1. With the motion having failed, a discussion ensued. Mr. Jack M. East, spea ing on behalf of Mr. Cook and supporting the proposal, explained that Mr. Cook will p $ 85,000 for the easement for a parking lot with open space which would include the planting of trees, nature trails which would also accommodate the handicapped, and requested the Board's favorable response. He further commented that under the zoning code, a nursing home or nightclub could be erected at the location. Mr. Warren Baldw At 9:50 o'clock P. M. the Board of Directors reconvened in the Board Chamber with V a resident, spoke in strong opposition to the proposal stating, "we don't appreciate being threatened all the time - - I think this is a lot of malarky." Mr. Baldwin pointed out the terrain and said the streets in the neighborhood could not handle the amount of traffic that would be generated by a 60 -unit condominium project, adding, "you are not improving anything when you put 110 or 120 more cars in the area." He requested a vote on the matter at this time. Attorney David Henry, speaking for Mr. Cook, advised that Mr. Cook does not feel prepared to make a presentation to the Board. Mr. Henry stated th-at if the Board decided to vote on the issue, it would have to do so without any further comment from the applicant. When Mayor Hubbell asked for a motion to adopt the Resolution, there was no response and hearing no motion, he announced, "the Resolution will Fail and the easement is, in a sense, denied." Upon question by City Manager Mahlon Martin, City Attorney Jack Magruder advised that the Board can, at any time, convey this property either by easement, in fee title, or however it wants to; and, if it decides at a later time, for whatever reason it wants, to reconsider or have another Resolution_ on the Agenda granting an easement or some- , thing else, it can do so. Mayor Hubbell then stated that any Board Member can bring a matter back up, or place a Resolution on the Agenda and referred to the "Linkous rule." There was no further discussion and Mayor Hubbell then declared a five - minute recess. At 9:50 o'clock P. M. the Board of Directors reconvened in the Board Chamber with V 534, APRIL 7, 1981, Cont'd. j I the following Directors answering roll call: Directors Keith, Langston, Weeks, Bussey, y Mayor Hubbell and Director Jones - total 6; Absent - Director Shackelford - total 1. Ordinance No. 14,018 was presented, with the title being: , AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1109 I GILES STREET; SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For a day -care center) and there was a first reading of the Ordinance. A motion was then made by Director I a Langston which was seconded by Director Jones, that the rules be suspended and the �I Ordinance be placed on second reading; with the motion being unanimously adopted by �V! 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 subsequently read jthe second time, resulting in a motion made by Director Langston and seconded by Director Weeks, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by voice 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 h, reading of the Ordinance. There was an Aye and No Vote taken.on the question, Shall ' ji the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, 4 Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Mayor Hubbell then announced that the Ordinance had PASSED. The next presentation was Ordinance No. 14,019, with the title being: I AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, -RKANSAS, SAID CHAPTER DEALING WITH THE ELECTRICAL CODE 'I OF THE CITY; 1!, with the Ordinance being read the first time. Several air - conditioning and electrical I. contractors were present, both for and against, the passage of the Ordinance, including Gary Houston, Fred H. Hardwick, Ronny Brown, Byron Southern and Jay Lucas. Mr. Hard- wick stated that the amendments are long overdue and requested favorable consideration by the Board of Directors. The following wording was presented in addition to the , Ordinance as read: "Section 12 -14, Subparagraph H -1(g) to include, 'and that approved installation methods and materials are used and electric service E d is 200 amperes or less.' Section 12 -14, Subparagraph H -1(h) to read: 'On all new construct - ion„ an electrical contractor shall provide a final disconnect of sufficient capacity at an approved location for the connection of iy the heating and /or air conditioning equipment'." A motion was made by Director Langston, seconded by Director Jones, that the Ordinance be amended to include the above - mentioned additions. The motion was unanimously I adopted by voice vote of the Board Members present being six in number with Director Shackelford absent. The rules were then suspended and the Ordinance, as amended, placed on its second reading, by a motion from Director Jones, seconded by Director Langston, 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 i reading of the Ordinance, as amended, after which there was a subsequent motion made ' jby Director Jones, seconded by Director Keith, to again suspend the rules and place the Ordinance, as amended, 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 Ordinance, as amended, was II 1✓II II J^ m9 V, APRIL 7, 1981, Cont'd. then read the third and last time, followed by an Aye and No Vote on the passage of the Ordinance, as amended, with the response being: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Whereupon, the Ordinance, as amended, was declared !05X11" Ordinance No. 14,020 was presented, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 4605 GUM SPRINGS ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; and the Ordinance was read again with the first, second and -third readings having occurred on March 17, 1981, and the vote on the Ordinance deferred for two weeks. question by Dir?ctor Jones, Mr. Chuck Wood, the applicant (Zoning Case Z- 3569), advised that it is his intention to-sell the property after it is rezoned. Director Jones said she had received several phone calls from opposing adjacent property owners A roll call was then taken on the passage of the Ordinance and is recorded as follows: Directors Keith, Langston, Weeks, Bussey and Mayor Hubbell - total 5; Noes - Director Jones - total 1; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. Introduced at this time was Ordinance No. 14,021, described as: AN ORDINANCE APPROVING A PLANNED COMMERCIAL DF,VELOPMENT FOR PROPERTY LOCATED IN BLOCK 36, PULASKI HEIGHTS ADDITION; SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Z -3652 - For Safeway Stores development) and the Ordinance was read the first time. There was a motion made at this time by Director Jones, seconded by Director Langston, 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 again made by Director Jones, seconded by Director Bussey, 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 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 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 - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had been scheduled by Resolution No. 6,532 and notice thereof duly published on March 25, 1981 and April 1, 1981, on the petition from Lyman Lamb Lumber Company, by Tom Ferstl, to vacate and close that portion of Leeds Street betwee Brack Avenue_ and the Alley that fronts upon Lot 1, Block 23, and Block 31, C. 0. Brack's Addition to the City of Little Rock, Arkansas, as approved by the Planning Commission. Attached to the petition was a certified copy of the plat of C. O. Brack' Addition as filed of record in the office of the Pulaski County Circuit Clerk. Also attached to the petition was a letter from Standard Abstract and Title Company listing the last owners of record to abutting property. Mayor Hubbell then declared the publi hearing open and with no one present who wished to speak either for or against the 530 VAPRIL 7, 1981, Cont'd. street closure, the public hearing was declared closed. (See Ordinance No. 14,022 below) Presented at this time was Ordinance No. 14,022, with the title being: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING LEEDS STREET IN BLOCK 23, C. 0. BRACK'S ADDITION TO THE CITY OF LITTLE I ROCK, ARKANSAS; I � 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 from Directors Langston and y Jones, respectively, which was adopted by unanimous voice vote of the Board Members Gpresent, 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 Langston, seconded by Director Weeks, that the rules J be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously adopted by voice 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 'I on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. An announcement followed that the Ordinance had PASSED. The petition from the Lyman Lamb Lumber Company, by Tom Ferstl, was presented to vacate and close that portion of the Alley that fronts upon Blocks 23, 24 & 31, C. O. Brack's Addition to the City of Little Rock, Arkansas. The petition had received the approval of the Planning Commission. A public hearing had been scheduled for this time and place by Resolution No. 6,533, with Notice thereof having been duly published on March 25, 1981 and April 1, 1981, as required by Law. Mayor Hubbell declared the public hearing open; however, there was no one present to speak either for or against the alley closure and the hearing was declared closed. Therefore, an Ordinance to close the above - described alley was placed on first reading. (See Ordinance No. 14,023 as follows) ' Ordinance No. 14,023 was then considered, described as: ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATING AND CLOSING THE ALLEY IN BLOCKS 23, 24 & 31, C. 0. B-RACK'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion made at this time by lDirector Langston, seconded by Director Jones, 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 again made by Director Langston, seconded by i Director Weeks, for a further suspension of the rules and the placing of the Ordinance I� on third and final reading, with the motion being adopted by unanimous vote of the r! members of the Board of Directors present, being six in number and two - thirds or more j I{ of the members of the Board of Directors - elect. The third and last reading of the ' fOrdinance 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, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; II Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. I.i 1��53'7 APRIL 7, 1981, Cont'd. The last petition for street /alley closures was also presented by Tom Ferstl for �I the Lyman Lamb Company. The petition requested that all that portion of the alley in Block 23, C. O. Brack's Addition to the City of Little Rock, be vacated and closed, ! ' as approved by the Planning Commission. Attached to the petition was a certification I I from Standard Abstract & Title Company of last apparent owners of record whose property�� ", abuts said alley. Also, attached to the petition was a copy of the plat of C. O. Brack's Addition as filed of record in the Pulaski County Circuit Clerk's Office. A Public Hearing had been scheduled for this time and place by Resolution No. 6,534, withii,l II I� Notice thereof having been duly published on March 25, 1981 and April 1, 1981 as required by Law. Mayor Hubbell then declared the public hearing open. However, there was no one present to address the issue, and the public hearing was declared closed and�jj III an Ordinance to close the above - described alley was placed on first reading. (See jP ji Ordinance No. 14,024 below) 1 Introduced next was Ordinance No. 14,024 with the title being: i b ORDINANCE OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, VACATINGIII I'I AND CLOSING THE ALLEY IN BLOCK 23, C. 0. BRACK'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; II i said Ordinance was read the first time; after which there was a motion by Director Langston, seconded by Director Jones, 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 �I Board of Directors - elect. Upon second reading of the Ordinance, a motion was again I made to suspend the rules to allow for the third and final reading of the Ordinance at this time, with the motion again being made by Director Langston, seconded by Directors',, i Weeks, and adopted by unanimous vote of the members of the Board of Directors present, �I being six in number and two- thirds or more of the members of the Board of Directors- I 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��jl recorded as herein described: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor �4 Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - �I total 1. The Ordinance was then declared PASSED. Ordinance No. 14,025 was presented, entitled: l 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; II' (A 40 -acre tract located at the SE intersections of Jamison & Stenger Roads Court Order dated February 17, 1981) and said Ordinance was read the first time. The rules were then suspended and the �( �I Ordinance was placed on second reading by motion of Director Langston, seconded by Mayor Hubbell, which was unanimously adopted by members of the Board of Directors III I`1I present, being six in number and two - thirds or more of the members of the Board of ill Directors - elect. Upon second reading of the Ordinance, there was a subsequent motion I; by Director Langston that the rules again be suspended and the Ordinance be placed on III third and final reading. Director Weeks seconded the motion which was adopted by L� unanimous vote of the members of the Board of Directors present, being six in number a- i two - thirds or more of the members of the Board of Directors - elect. A third and last i II reading of the Ordinance ensued; after which there was an Aye and No Vote taken on the�l` �j passage of the Ordinance, which resulted as follows: Ayes - Directors Keith, Langston; 'II' Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent I I V VZO APRIL 7, 1981, Cont'd. Director Shackelford -- total 1. Mayor Hubbell then announced that the Ordinance had i PASSED. i Zoning Application Z -3642, from Mr. Maury Mitchell for F. E. Mason, to rezone 40 i! acres at the southeast corner of Jamison & Stenger Roads (long legal description) from ill "AF" Agriculture & Forestry District to "I -2" Light Industrial District, was the next presentation. The application received the approval of the Planning Commission on February 24, 1981. There was no opposition or discussion and an Ordinance granting the i rezoning was placed on first reading. (See Ordinance No. 14,026 below) The next presentation was Ordinance No. 14,026, containing the.following heading: fAN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF JAMISON Z "3' ROAD AT STENGER ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; I with the Ordinance being read the first time. A motion was made by Director Langston, i' seconded by Mayor Hubbell, to suspend the rules and place the Ordinance on its second reading and unanimously adopted by the Board Members present, being six in number and II two- thirds or more of the members of the Board of Directors - elect. There was a second iireading of the Ordinance, after which there was a subsequent motion again made by �I Director Langston, seconded by Director Weeks, to suspend the rules and place the Ordi- nance 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 i 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 with the response j' being: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. The Ordinance was then declared PASSED. Introduced at this time was Ordinance No. 14,027, entitled: AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN LANDS TO THE CITY OF LITTLE III ROCK, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF LITTLE ROCK; (A tract containing 5.08 acres located at the N/E corner of the intersection of Kanis and Autumn Roads - Court Order dated March 2, 1981) 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 Directors Langston and Bussey, respectively, which was adopted by unanimous voice vote of the Board Members present, l 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 Bussey, seconded by Director Jones, that the rules be suspended f and the Ordinance be placed on its third and final reading. The motion was unanimously it �I adopted by voice vote of the Board Members present, being six in number and two - thirds I 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, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. An announcement followed that the Ordinance had PASSED. IIV Ordinance No 14,028 was the next presentation, described as: AN ORDINANCE APPROPRIATING $34,611.00 FOR SALARIES FOR MUNICIPAL COURT PERSONNEL ' PURSUANT TO H. B. 803 OF THE 73RD GENERAL ASSEMBLY; 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 from Director Bussey, seconded by Mayor Hubbell, and unanimously adopted by the_Board of Directors present, being six in APRIL 7. 1981, Cont'd. number and two - thirds or more of the members of the Board of Directors - elect. There I, was a second reading of the Ordinance, after which there was a subsequent motion made time by Director Keith, seconded by Director Jones, for a further suspension of the i rules to allow for the third and final reading of the Ordinance. The motion was adopt 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 of the Ordinance. The ensuing roll call vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Therefore, the Ordinance was declared PASSED. Ordinance No. 14,030 was presented, entitled: AN ORDINANCE TO AMEND LITTLE ROCK CODE OF ORDINANCES SECTION 21- 13.1(147) WITH RESPECT TO DISTRIBUTION CENTERS; AND FOR OTHER PURPOSES; (Re: Privilege Licenses) 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 Langston, 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 a motion was made by Director Jones and seconded by Director Langston, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of by Director Bussey, seconded by Director Weeks, 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,l followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the response being: Ayes - Directors Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - Director Keith - total 1; Absent - Director Shackel- ford - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was Ordinance No. 14,029, with the title being: AN ORDINANCE APPROPRIATING $36,000.00 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR THE 1981 SPRING CLEANUP AND LARVACIDE PROGRAM; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. Mr. Robert "Say" McIntosh of 1722 Summit Avenue, requested that the City help him by allowing him to employ fifteen to twenty teenagers and during a period of two months, really clean up the City. Mr. Mahlon ' Martin, City Manager explained that this appropriation is intended for the annual Spring cleanup and pick up of trash not normally picked up by the Sanitation Departmeni He mentioned that something might be arranged for the teenagers Mr. McIntosh mentioned, in the Summer Youth Program. Mr. McIntosh commented that he did not "want to be tied in with no programs." Mr. Martin advised the Board the reason for this appropriation was to simply supplement the Sanitation Department adding, that with funds earmarked for Summer Youth work, certainly some of it could be used for the work Mr. McIntosh has suggested. Mr. Martin was instructed to get with Mr. McIntosh to see what can be accomplished regarding the proposal. There was a motion then made by Director Langstol 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 then read the second time. A subsequent motion was made at this time by Director Keith, seconded by Director Jones, for a further suspension of the i rules to allow for the third and final reading of the Ordinance. The motion was adopt 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 of the Ordinance. The ensuing roll call vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Therefore, the Ordinance was declared PASSED. Ordinance No. 14,030 was presented, entitled: AN ORDINANCE TO AMEND LITTLE ROCK CODE OF ORDINANCES SECTION 21- 13.1(147) WITH RESPECT TO DISTRIBUTION CENTERS; AND FOR OTHER PURPOSES; (Re: Privilege Licenses) 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 Langston, 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 a motion was made by Director Jones and seconded by Director Langston, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was adopted by unanimous vote of APRIL 7, 1981, Cont'd. 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 herein recorded as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Whereupon, the Ordinance was declared PASSED. Director Bussey was excused. The next matter to be considered was Ordinance No. 14,031, containing the followi title: AN ORDINANCE ESTABLISHING STANDARDS AND SPECIFICATIONS FOR RESTORATION OF EXCAVAT AND CUTS IN STREET OR ALLEY RIGHTS -OF -WAY; PROVIDING FOR A PERMIT PROCESS AND FEES FOR MAKING EXCAVATION AND CUTS WITHIN THE RIGHT -OF -WAY; TO PROVIDE FOR THE ADMINISTRATION A ENFORCEMENT OF SAME; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance, followed by a motion from Director Jone to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Weeks, adopted by unanimous vote of the Board Members present, bei 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 allo for the third and final reading of the Ordinance by a subsequent motion again made and seconded by Directors Jones and Weeks, 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, and the resulting Aye and No Vote taken on the passage of the Ordinance received the follow ing response: Ayes - Directors Keith, Langston, Weeks, Mayor Hubbell and Director Jone total 5; Noes - None; Absent - Directors Bussey and Shackelford - total 2. The Ordinance was then declared PASSED. Director Bussey was re- enrolled. There was presented Resolution No. 6,551, with the title being: A RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE MANPOWER PLANNING COUNCIL REGARDING THE SUMMER YOUTH PROGRAM; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Bussey and seconded by Director Jones, which resulted in a roll call vote whereby the Resoluti was adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. Resolution No. 6,552 was considered next, entitled: A RESOLUTION ENDORSING THE CONCEPT OF FORMATION OF A CENTRAL BUSINESS IMPROVEMENT DISTRICT; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion then followed from Dire Keith, seconded by Director Weeks, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keithr Langstoni Weeksr BUSSey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelf total 1. At 10:10 o'clock P. M. a motion was made by Director Weeks, seconded by Director , Keith, that the Board recess to executive session for the purpose of discussing appoint- ments to Boards and Commissions. APRIL 7, 1981, Cont'd. i The Board of Directors reconvened at 10:45 o'clock P. M. with the Board Members answering roll call except Director Shackelford who was absent. The following ' Resolution, No. 6,553, was presented entitled: A RESOLUTION APPOINTING SAM TATOM AND REAPPOINTING DARRELL F. BROWN TO THE LITTLE ROCK CIVIL SERVICE COMMISSION; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution with an ensuing motion from Director Weeks, seconded by Director Keith, for adoption of the Resolution. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Shackelford - total 1. In conclusion, a brief discussion was held regarding enforcement of the State's Blue Law within the City of Little Rock. City Manager Mahlon Martin was instructed by the Board of Directors to put blue laws last on the priority list for enforcement, because of a lack of money for crime enforcement. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Weeks, seconded by Director Langston, and by unanimous vote of the members of the Board of Directors present, the meeting was recessed at 10:55 P. M., to be reconvened on Wednesday, April 15, 1981, for the purpose of opening bids on the sale of Sewer Revenue Bonds. I ATTEST: �[A/Y(.ci (� APPROVED: 11z,-oe11X411 V —City Clerk Mayor * * * * * * * * * * * * i Board of Directors Chamber Little Rock, Arkansas April 15, 1981 - 11:00 A. M. , I The Board of Directors of the City of Little Rock, Arkansas reconvened from the 'i April 7, 1981 meeting with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Langston, Weeks, Bussey, Shackelford and Jones - total 6; Absent - None. I A quorum was declared present and the following is an account of the proceedings: Mayor Hubbell then announced that this was the time and place for the opening fw of sealed bids on the proposed sale of $6,500,000 Sewer Revenue Bonds. Two bids were submitted and Mayor Hubbell declared that the time for filing bids was closed and Mi subsequently requested that Mr. E. Jack Murphy, Director of Finance, proceed with the opening and reading of said bids. V� The two bids received for the City of Little Rock Sewer Revenue Bonds in the amount of $6,500,000 were opened and described as follows: I Merrill Lynch White Weld Capital Market Group, et al, with a net interest cost of $6,327,262.50 and effective interest rate of 9.94770. John Nuveen & Company, Inc. with a net interest cost of $6,342,625.00 and effective interest rate of 9.971897 %. Upon completion of the opening and reading of the bids, and the acknowledgment that the foregoing bids did conform to requirement pursuant to Ordinance No. 13,983, Mr. Murphy verified the interest rate of the low bidder. Mr. Louis J. Schaufele, Chairman of the Little Rock Sewer Committee was in attendance and advised that the Sewer Committee had jadopted a Resolution recommending that the Bonds be sold to Merrill Lynch White Weld Capital Market Group, et al. Mayor Hubbell then announced that the bid of Merrill Lynch White Weld Capital Market Group, et al, with a net interest cost of $6,327,262.50 V and effective interest rate of 9.9477% had been accepted, Resolution No. 6,554 was then presented, entitled: I I A RESOLUTION APPROVING THE SALE OF $6,500,000 CITY OF LITTLE ROCK, ARKANSAS SEWER I REVENUE BONDS, SERIES 1981, AUTHORIZED BY ORDINANCE NO. 13,983; AND PRESCRIBING OTHER MATTERS RELATING THERETO; and a complete reading of the Resolution followed. There was a motion then made by Director Keith, seconded by Director Jones, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. I � The next presentation was Resolution No. 6,555, containing the following title: A RESOLUTION DECLARING APRIL 15, 1981, TO BE A. PHILIP RANDOLPH DAY; RECOGNIZING 1 LI' THE MANY ACHIEVEMENTS OF A. PHILIP RANDOLPH; AND FOR OTHER PURPOSES; I I and there was a full reading of the Resolution; with an ensuing motion from Director Bussey, seconded by Director Langston, for adoption of the Resolution. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones total 7; Noes - None; Absent - None. ' A proposed Ordinance was presented next, with the title being: AN ORDINANCE ADDING FAIRVIEW ROAD AND WOODLAND HEIGHTS ROAD TO THE MASTER STREET I PLAN AS CUL -DE -SAC STREETS; AND FOR OTHER PURPOSES; APRIL 15, 1981, Cont'd. Board Members present. and the Ordinance was read the third and last time, with the first and second readings having occurred on April 7, 1981. A lengthy discussion ensued regarding the provisions�l i, I of the Ordinance and also, a Resolution appearing on the Agenda endorsing a cul -de -sac ' approach to Fairview and Woodland Heights Roads. Relative to the proposed Ordinance, li Mr. Nathaniel Griffin, Director of Comprehensive Planning stated that this is an in- appropriate issue for the Master Street Plan, and should be addressed as a total l separate engineering type of issue adding, "we are dealing with residential streets and not collector or arterial streets." He suggested the Board might not want to modify the Master Street Plan, but beyond that, if the residents want to cul -de -sac their streets at some future date, then they following the usual procedure. Attorney David Henry representing the residents in the subdivision, Mr. Louis Schickel, Mr. Dan Phillips and Mr. James Hathaway, land owners and developers were present. Mr. Schickel was opposed to a cul -de -sac on Fairview Road, with no opinion on the Woodland I Heights proposal. Mr. Henry was opposed to non - residential traffic through the neighbo'. hood and is making an effort to form an improvement district to construct the cul -de- sac. Mayor Hubbell suggested that "we vote 'no' on the Ordinance to cut the street through and then we consider the Resolution on the cul -de -sac in a public hearing latex•] when we have a chance to hear from Mr. Henry's neighbors, Mr. Schickel and all the other people who have property on the proposed cul -de -sac streets." Mr. Henry asked, "if it would not be proper to leave both alternatives open as we continue to study the matter," and suggested, "everything be left alive until we decide what we are going to E do." When discussion continued, Director Shackelford made a motion, seconded by Director Jones, that the matter be deferred with the roll call resulting as follows: Ayes - Directors Shackelford and Jones - total 2; Noes - Directors Keith, Langston, Weeks, Bussey and Mayor Hubbell - total 5; Absent - None. With the motion for deferral having failed, a subsequent motion was made by Director Langston, seconded by Director Keith, "to endorse the cul -de -sac approach to Woodland Heights Road, and have a separate Resolution for Fairview Road, with the motion being unanimously adopted by voice vote of the Board Members present. However, before the presentation of the Resolution, Mayor Hubbell called for a vote on the third reading of the Ordinance whick received the following response: Ayes - None; Noes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Absent - None. Whereupon, the Ordinance was declared to have FAILED. Resolution No. 6,556 was then presented, entitled: A RESOLUTION ENDORSING A CUL -DE -SAC APPROACH TO WOODLAND HEIGHTS ROAD AND DIRECT- ING PUBLIC WORKS TO WORK WITH THE PRIVATE IMPROVEMENT DISTRICT; AND FOR OTHER PURPOSES and a complete reading of the Resolution followed. There was a motion then made by Mayor Hubbell, seconded by Director Keith, which resulted in a roll call vote whereby the Resolution was adopted as herein described: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; Noes - None; Abstaining - Director Shackelford - total 1; Absent - None. After the proposed Ordinance failed and the cul -de -sac on Woodland Heights Road was endorsed with the adoption of the Resolution, Mayor Hubbell instructed the City Clerk to place a Resolution on the April 21, 1981 Consent Agenda, setting the date of May 5, 1981 for a public hearing to endorse the cul -de -sac approach to Fairview Road, with Directors Weeks and Bussey making the motion to do so, which was adopted by the Board Members present. APRIL 15, 1981, Cont'd. IF Introduced next was Resolution No. 6,557, containing the following caption: A RESOLUTION AUTHORIZING UP TO TWENTY POSITIONS IN THE CETA TITLE IV -C YOUTH I EMPLOYMENT TRAINING PROGRAM FOR A CITY CLEANUP CAMPAIGN; (Up to 20 positions under direction of Mr. Robert "Say" McIntosh) and after a complete reading of the Resolution, there was a motion by Director Jones, �j seconded by Director Bussey, for adoption of the Resolution. A roll call was taken and I� II the Resolution was subsequently adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; i Noes - None; Absent - None. The last matter to be considered was Resolution No. 6,558, entitled: j A RESOLUTION STATING THE BOARD OF DIRECTORS' COMMITMENT REGARDING THE EXPENDITURE OF PROCEEDS FROM A ONE CENT LOCAL OPTION SALES TAX; I� and the Resolution was read in its entirety. After discussion, a motion was then made by Director Weeks, seconded by Director Bussey, which resulted in a roll call vote whereby the Resolution was adopted by the following vote: Ayes - Directors Langston, IIWeeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith- total 1; Absent - None. There being no further business to be presented or to come before the Board of +� Directors, upon motion of Director Weeks, seconded by Director Keith, and by unanimous vote of the Board Members present, the meeting was adjourned at 12:00 o'clock noon, !I to meet again in regular session on Tuesday, April 21, 1981 at 7:00 o'clock P. M. (Thirty minutes earlier than regular meeting time of 7:30 P. M.) ATTEST: APPROVED: i I �I City Clerk Mayor I II u rlfl I I l Board of Directors Chamber Little Rock, Arkansas April 21, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sessi with Mayor Hubbell presiding and Jane Czech, City Clerk, with the following Directors present: Directors Keith, Langston, Weeks, Bussey, Shackelford and Jones - total 6; Absent - None. It was announced that a quorum was present and the meeting proceeded as herein described: The Invocation was given by Director Keith. Presented first was the Consent Agenda consisting of the following items: (a) The Minutes of the previous meeting held April 7, 1981, and the reconvened meeting held April 15, 1981. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of February, 1981. (c) Resolution No. 6,559, entitled: RECREATION CENTER, FOR GASOLINE AND FOR FIRE EQUIPMENT FOR THE LITTLE ROCK FIRE DEPARTMENT; AND FOR OTHER PURPOSES. (d) Resolution No. 6,560, with the title being: A RESOLUTION SETTING THE DATE OF MAY 5, 1981, FOR A PUBLIC HEARING REGARDING THE USE OF A CUL -DE -SAC APPROACH TO FAIRVIEW ROAD; AND FOR OTHER PURPOSES. By motion of Director Langston, 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 previous meetingswere 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 & d) Resolution Nos. 6,559 and 6,560 were read in full and adopted by the following roll call vote: Ayes - ' Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. After the Consent Agenda was approved, presentation of an award was made by Directors Jones and Shackelford on behalf of the Women's Political Caucus, to Director "Sandy" Keith and Vice Mayor Charles Bussey. Director Jones stated that the award was given under the category of "goofs ", "outrages" and "mug- wumps" and Director Shackel- ford explained that the award was for "Charlie's support of, and Sandy's non - support of the concept of the Job Corps Center." At this point, City Manager Mahlon Martin brought to the Board's attention, a request he had received from Mr. William B. Putnam of Putnam Realty, Inc., to test drill the old landfill site to determine the amount of methane gas in that landfill. He stated if there are no problems, he will go ahead and deal with Mr. Putnam on the testing and that any agreement would have to come back to the Board of Directors for approval. There was no opposition by the Board to the test drilling. The following Zoning Applications were considered next, as approved by the Planning Commission: A ACCEPTING D AUTHORIZING T TO I��IIII AWARDCONTRACTS FOR GUARDRAILS, FORREMODELINGOFTHECOTTENHE IMER RECREATION CENTER, FOR GASOLINE AND FOR FIRE EQUIPMENT FOR THE LITTLE ROCK FIRE DEPARTMENT; AND FOR OTHER PURPOSES. (d) Resolution No. 6,560, with the title being: A RESOLUTION SETTING THE DATE OF MAY 5, 1981, FOR A PUBLIC HEARING REGARDING THE USE OF A CUL -DE -SAC APPROACH TO FAIRVIEW ROAD; AND FOR OTHER PURPOSES. By motion of Director Langston, 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 previous meetingswere 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 & d) Resolution Nos. 6,559 and 6,560 were read in full and adopted by the following roll call vote: Ayes - ' Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. After the Consent Agenda was approved, presentation of an award was made by Directors Jones and Shackelford on behalf of the Women's Political Caucus, to Director "Sandy" Keith and Vice Mayor Charles Bussey. Director Jones stated that the award was given under the category of "goofs ", "outrages" and "mug- wumps" and Director Shackel- ford explained that the award was for "Charlie's support of, and Sandy's non - support of the concept of the Job Corps Center." At this point, City Manager Mahlon Martin brought to the Board's attention, a request he had received from Mr. William B. Putnam of Putnam Realty, Inc., to test drill the old landfill site to determine the amount of methane gas in that landfill. He stated if there are no problems, he will go ahead and deal with Mr. Putnam on the testing and that any agreement would have to come back to the Board of Directors for approval. There was no opposition by the Board to the test drilling. The following Zoning Applications were considered next, as approved by the Planning Commission: APRIL 21, '1981, Cont'd. Z -3628 - From R. D. Bailey for Earl Simmons, to rezone the N/E Corner of I -430 and Colonel Glenn Road (long legal description) from "R -2" Single - family District to "C -3" General Commercial District. Z -3655 - From Jimmy Jones to rezone one acre on I -30 (south side at Crooked Creek, west of Jacuzzi - long legal description), from "R -2" Single - family District to "C -4" 111,1 Open Display District. Z -3656 - From Buster Loveday to rezone 3500 Mabelvale Pike, described as Lot 1 and the N; of Lot 2, Block ll, Ruebel and Leymer Addition to the City of Little Rock, from "R -3" Single - family District to "I -2" Light Industrial District. Z -3660 - From Ronnie Hall of Garver & Garver, for Otter Creek Development to rezone 260 acres at I -430 and I -30 (long legal description), from "R -2" Single- family District to "C -2" Shopping Center, "C -3" General Commercial and "I -2" Light Industrial Districts. Z -3662 - From Rick Freeling of Fausett & Company, for Kahn Medical Corporation, to rezone 8424 Baseline Road, described as Lot 36, Triangle Properties, Subdivision, Little Rock, Arkansas (long legal description), from "R -2" Single - family District to "I -2" Light Industrial District. Z -3665 - From Ronald N. and Julianne B. Fuller to rezone 1905 Hinson Loop Road (Lot 2, Hinson Place) in the City of Little Rock, from "R -2" Single - family District to "0-3" General Office District. As there was no one present to speak in opposition to the reclassification of the above- described properties, an Ordinance to reclassify same was placed on first readi (.See Ordinance No. 14,032 as follows) Ordinance No. 14,032 was presented, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF,LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 Bussey, seconded by Director Weeks, 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 - 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 by Director Bussey to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Jones, and adopted by unanimou 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the pass of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. Whereupon, the Ordinance was declared PASSED. The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure as reviewed by the Planning Commission: Z -3650 - From Brock Johnson for the Arkansas Children's Hospital to rezone III ' Block 10, Marshall & Wolfe's Addition to the City of Little Rock, from "0-3" General Office District to "0-2" Office and Institutional District. Z -3654 - From Rick Freeling for Tri -State Mill Supply Company to rezone 5512 Patterson Road (long legal description) from "I -2" Light Industrial District to "C -3" General Commercial District. APRIL 21, 1981, Cont'd. There was no one present to speak in opposition to the reclassifications and II I Ordinance No. 14,033 was presented, with the title being: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, x i ARKANSAS; AND FOR OTHER PURPOSES; h and after a first reading of the Ordinance, there was a motion by Director Bussey, seconded by Director Shackelford, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by members of the Board of Directory 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 by Director Bussey to suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Weeks, 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. There was a third and I final reading of the Ordinance, after which an Aye and No Vote was taken on the passage', of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent y None. Whereupon, the Ordinance was declared PASSED. Zoning Petition No. Z -3633 was the next presentation, having been submitted by Attorney Phillip Dixon for Floyd Fulkerson and West Little Rock Land Company, to rezone.. 37.5 acres on the west side of Hinson Road, just south of Pebble Beach Park Subdivision in the City of Little Rock (long legal description), from "R -2" Single - family District!' to "MF -12" Multi- family District. The Planning Commission approved the application on March 10, 1981. A lengthy discussion ensued relative to the development plan for condominiums and Mr. Phillip Dixon, attorney for Mr. Fulkerson, the developer, was the first speaker. Mr. Dixon presented a sketch and outlined the proposal. He stated that the matter recommended by the Planning Commission had to do with the North 300 feet being "MF -6" with a 75 ft. buffer zone. He further stated, "there was a commit- ment also, to pave a portion of Hinson Road adjacent to this that would be a 48 ft. pavement; also, it was to restrict the development to condominiums of privately owned type structures. This was to be put in a written recordable document. There would be covenants that would run with the land. This was done and following the preparation of that document, we were advised that some of the property owners wanted some additior considerations in the following areas: There was some objection to any zoning that would be in excess of a density of IMF-6'; we were asked to leave the North 120 ft. of this property to be 'R -2' Single - family, and Mr. Fulkerson was also asked to leave the property that he owns in the immediate area, together with the property being rezoned, so that the density of that property, put together in gross acreage, would not exceed the present tie -on policy of the Sewer Department, that is, three per acre. Now this was prepared in a document submitted to Mr. Magruder, as proposed, that will covenant those things and that would be in a recordable form. I do have the original that has been signed by the corporate officers and could be delivered to the City Attorney to- night if the rezoning is approved. We did find however, today, that the abutting property owners in Pebble Beach that abut the property just on the north side, are interested in now having a 100 ft. open space buffer zone with a commitment that it be for non - recreational use, no roads and no structures or buildings; that there would be erected a six -foot privacy fence other than of chain link construction, that would be erected on the south side of the buffer zone, no less than thirty days prior to any a481 i i� APRIL 21, 1981, Cont'd. construction being started on the project within the area; and, that it would be it committed also, that the first row of buildings that would be adjacent to the south side of the buffer zone would not exceed one and one -half stories in height. We have met with representatives from that group just a few minutes ago and Mr. Fulkerson tells me that he is willing to make that commitment; that it can be included in the declara- tion of covenants which have been prepared and which would be recorded. I do want to Ypoint out that in the declaration of covenants, they do run with the land, the City f I in fact, is given the right by contract to enforce those covenants as well as any property owner in Longlea Subdivision, or any property owner in Pebble Beach Subdivision. �1 We do know that from the comments that have been made, there are some that concern traffic and some that might be concerned with depreciation of property values. We do have Mr. Jack Castin present tonight who can give a brief over -all review of the i development; Ron Hall of Garver & Garver, who can address the traffic problem if there be one; and Mr. Lynn Wassell, an architect, as to the anticipated quality of this II development and any affect it might have on other property." Mr. Jack Castin, a consultant, then told the Board, "this area has a unique potential for a quality condo- minium project. Mr. Dixon did indicate that Mr. Fulkerson is willing to restrict the ' project to ownership rather than to a rental market. As part of this application, Mr. Fulkerson has agreed to restrict in density, two other tracts currently owned by him so that the accumulative affect would not exceed three building units per acre for i those three tracts; however, we would increase the density in the tract under consider- ation to IMF-6'. Again, this is a reduction in the density that was requested before the Planning Commission. Concerning traffic in the area, we have restricted traffic to a single point of access off of Hinson Road. We will restrict any development from facing Hinson Road. To insure that, we have provided a buffer along the creek bed between Hinson Road for which is approximately 150 ft. in width; we have restricted to the north, a buffer strip of 100 ft. in width; and to the south, an area that is in more of the rugged terrain up to elevation of about 470. Collectively we have approx- imately V� to 8 acres of open space committed for permanent open space throughout the i project. In addition to that, Mr. Fulkerson has made a major commitment in improving the Hinson Road from a point now in Longlea where the pavement stops, to a point at Marlowe Manor, a distance of approximately one -half mile, at his expense, which preliminary engineering estimates indicate will be in excess of $300,000. In concept, we think the project has merit and there are several things we would like to again present to you for consideration: first of all, is the reduced density; secondly, the major commitment to road improvement along Hinson Road; the adequate buffer strips Cthroughout the project; and lastly, the legal restrictions that Mr. Dixon indicated can be in Ordinance form to assure the residents of the area that this project will be developed as presented to you tonight." Mr. Ronnie Hall of Garver & Garver explained lthat Hinson Road is an arterial street capable of handling a large volume of traffic. Mr. Lynn Wassell, architect, stated that quality has to be put into condominiums in order to sell and that they seem to increase property values because of the constant maintenance of buildings, grounds, etc. Mr. Robert Tarbutton of 26 Valley Forge Drive said he felt comfortable with the 100 ft. being kept natural, the privacy fence and , buffer. Mr. Richard Bruce's concern was beyond this project, commenting that he was concerned with,the next project and the next project. Mr. Edward Moody, speaking in I. opposition for the family of Oliver Bass, Jr. felt there is no need for condominiums in this area and asked that this matter be returned to the Planning Commission for APRIL 21, 1981, Cont'd. further study. There was no further discussion and the Ordinance to reclassify the property was placed on first reading as follows: Ordinance No. 14,034 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE WEST SIDE OF HINSON ROAD IN SECTION 29, TOWNSHIP 2 NORTH, RANGE 13 WEST, IN THE CITY OF LITTLE ROCK, ARKANSAS AMENDING SECTION 43 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 was made by Director Jones that the Ordinance be amended to "conform to graphics presented by Mr. Castin and covenants submitted by Mr. Dixon, and made a part of the Ordinance as 'Exhibit A'." The motion was seconded by Mayor Hubbell and adopted by unanimous vote of the Board Members present. There was a subsequent motion by Director Shackelford, seconded by Director Bussey, to suspend the rules and place the Ordinance on second reading as amended. Th 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; and the second reading of the Ordinance, as amended, ensued. A subsequent motion was made by Director Bussey to suspend the rules and place the Ordinance as amended, on third and final reading; which motion was seconded by Director Shackelford, and adopte 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 final reading of the Ordinance, as amended, after which an Aye and No Vote was taken on the passage of the Ordinance, as amended, and resulted as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. After the passage of the Ordinance, Director Keith stated that there the following Directors answering roll call: Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Absent - None. The next presentation was Ordinance No. 14,035, containing the following title: AN ORDINANCE AMENDING ORDINANCE NO. 13,777; CHANGING CERTAIN DEFINITIONS WITHIN SECTION 2 -101 OF CHAPTER 43 OF THE CODE OF ORDINANCES; AND FOR OTHER PURPOSES; (To permit drive -in restaurants and banks in "C -3" Zone rather than "C -4" Zone) and there was a first reading of the Ordinance. A motion was then made by Director Bussey which was seconded by Director Weeks, that the rules be suspended and the Ordi- nance be placed 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 subsequently read the second time, resulting in a motion made by Director Langston and seconded by Director Shackelford, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by 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; with the outcome being a third a last reading of the Ordinance. There was an Aye and No Vote taken on the question, seems to be some question of what our policy is in the area regarding sewer connection City Manager Mahlon Martin advised Director Keith that he would like to bring a docume . to the Board of.Directors setting out the written policy regarding sewer connections, rather than refer to a "spoken" policy. At this point in the meeting Mayor Hubbell called for a five minute recess. At 8:25 o'clock P. M. the Board of Directors reconvened in the Board Chamber with the following Directors answering roll call: Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Absent - None. The next presentation was Ordinance No. 14,035, containing the following title: AN ORDINANCE AMENDING ORDINANCE NO. 13,777; CHANGING CERTAIN DEFINITIONS WITHIN SECTION 2 -101 OF CHAPTER 43 OF THE CODE OF ORDINANCES; AND FOR OTHER PURPOSES; (To permit drive -in restaurants and banks in "C -3" Zone rather than "C -4" Zone) and there was a first reading of the Ordinance. A motion was then made by Director Bussey which was seconded by Director Weeks, that the rules be suspended and the Ordi- nance be placed 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 subsequently read the second time, resulting in a motion made by Director Langston and seconded by Director Shackelford, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by 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; with the outcome being a third a last reading of the Ordinance. There was an Aye and No Vote taken on the question, APRIL 21, 1981, Cont'd. Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. , A public hearing had been set for this time and place regarding an amendment to the map element of the Master Street Plan and Master Parks Plan of Little Rock, reducing the area of jurisdiction and redefining the boundaries. Mayor Hubbell then declared the public hearing open and with no one present to address the issue, the hearing was declared closed and Ordinance No. 14,036 was presented, entitled: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE MASTER STREET PLAN AND MASTER PARKS PLAN OF THE CITY OF LITTLE ROCK, ARKANSAS, REDUCING THE AREA OF JURISDICTION AND REDEFINING THE BOUNDARIES; 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 from Directors Bussey and Jones, respectively, which was adopted by unanimous 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. The Ordinance was read the second time; after which there was a subsequent motion from Director Jones, seconded by Director Bussey, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously, adopted by voice vote of the Board Members present, being seven in number and two -thir or more of the members of the Board of Directors - elect; and the Ordinance was then rea 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, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. Whereupon, the Ordinance was declared PASSED. The Petition from Safeway Stores, Inc., by J. A. Ramer was presented to vacate and close the alley between and adjacent to Lots 4 through 17 inclusive, Block 36, Pulaski Heights Addition to the City of Little Rock, Arkansas. The petition had received the approval of the Planning Commission. Attached to the petition was a certified copy of the plat of Pulaski Heights Addition as filed of record in the offi of the Pulaski County Circuit Clerk. Also attached to the petition was a letter from Beach Abstract & Guaranty Company listing the last apparent owners of record to abutting property. Mayor Hubbell then declared the public hearing open and with no one present who wished to speak either for or against the alley closure, the public hearing was declared closed. (See Ordinance No. 14,037 below) Presented at this time was Ordinance No. 14,037 with the title being: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 36, PULASKI HEIGHTS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion made at this time by Director Langston, seconded by Director Bussey, 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 seven 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 again made by Director Jones, again seconded by , Director Bussey, 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 seven in number and two- thirds or more of the members of the Board of Directors - elect. The third and last reading of x',111 the Ordinance resulted in an Aye and No Vote being taken on the question, Shall the 1111111 APRIL 21, 1981, Cont'd. Ordinance Pass, with the vote being recorded herein as follows: Ayes - Directors and after a complete reading of the Resolution; a motion by Director Bussey, seconded Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. ' The next matter to be considered was the petition of Carl W. Imhauser, et al, requesting the vacating and closing of the alley in Block 14 of Midland Hills Addition to the City of Little Rock. The Planning Commission had recommended that the petition A public hearing had been scheduled for this time and place to hear arguments on be denied. 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 Midland Hills Addition to the No. Z- 3406 -A, submitted by Mr. Steve Bonds for Troy Braswell, requesting the rezoning City of Little Rock as recorded in the office of the Pulaski County Circuit Clerk in Plat Record Book No. 1, at Page 150. (See Resolution No. 6,561 as follows, which sets the date for Public Hearing on May 5, 1981 at 7:30 o'clock P. M.) legal description) from "0-3" General Office District to "MF -24" Multi- family District There was presented Resolution No. 6,561, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF ALLEY IN BLOCK 14, MIDLAND HILLS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; the Braswell property was the first speaker. He presented a sketch of the proposal an, with said Resolution being read in full and thereafter adopted upon motion of Director Bussey, seconded by Director Jones, and the following roll call vote: Ayes - Director: Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total Mr. Braswell has entered into a conditional contract to sell the land to the owners of Noes - None; Absent - None. A public hearing had been advertised for this time and place regarding a Memo- randum of Intent between the City of Little Rock, Arkansas and Allied Telephone building approximately 64 apartments on this piece of property. When this was conside Company pertaining to the issuance of Act 9, Industrial Development Revenue Bonds for financing the costs of acquiring, constructing and equipping industrial facilities. Mayor Hubbell declared the Public Hearing open and invited those who wished to address the issue to do so. Mayor Hubbell opened the public hearing and no one was present to speak regarding the proposal, therefore, the hearing was declared closed and Resolutio No. 6,562 was presented, containing the following caption: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND ALLIED TELEPHONE 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; ($7,000,000) and after a complete reading of the Resolution; a motion by Director Bussey, seconded by Director Shackelford, resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. 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 24, 1981 of Zonine Petition No. Z- 3406 -A, submitted by Mr. Steve Bonds for Troy Braswell, requesting the rezoning of a 1.71 acre tract on Mabelvale Pike near the intersection of 49th Street (long legal description) from "0-3" General Office District to "MF -24" Multi- family District Mayor Hubbell declared the public hearing open and Mr. Jim Hathaway, the developer of the Braswell property was the first speaker. He presented a sketch of the proposal an, gave a brief history of zoning in the surrounding area. Mr. Hathaway also advised tha Mr. Braswell has entered into a conditional contract to sell the land to the owners of the property next door; and, as it stands right now, with the present zoning, they can building approximately 64 apartments on this piece of property. When this was conside ed by the Planning Commission, the Planning Staff recommended that the application 552 APRIL 21, 1981, Cont'd. A be approved from "O -3" to "MF -24" on the stipulation that the land next door would be downzoned from "R -5" to "MF -24" District, thus creating "MF -24" throughout the entire 3.5 acre tract of land. Mr. Hathaway pointed out that under present zoning, 64 units ' can be built on approximately 1.8 acres of ground, and 84 units could be built on the , entire property by downzoning the land next door. The site plan he presented calls for i 81 units with two openings on 49th Street and one on the south tip of the property. In conclusion, he requested approval of the application with downzoning of the tract i Vnext door. Ms. Willandra Dean, a member of the Pulaski County Quorum Court and a resident of the area, spoke in opposition to the rezoning. She presented pictures taken in the area and had a petition signed by 103 persons in the neighborhood. She it said the streets are not equipped to handle 81 apartment units and requested the denial II of the application. Upon question by Directors Shackelford and Jones, Ms. Dean stated that the preference is one "R -5" tract and the.other "0-3 ", and that if "we have to have apartments, we rather have 64 units than 81 units." Mayor Hubbell then declared I� the Public Hearing closed and a proposed Ordinance rezoning the property was placed " on first reading. l A proposed Ordinance was presented, with the title being: I AN ORDINANCE RECLASSIFYING PROPERTY LYING IN THE 5000 BLOCK, MABELVALE PIKE IN I i THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE I CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. There was no motion for the suspension� 'I I of the rules and Mayor Hubbell announced that the Ordinance would remain on the calenda• ,1 i for second reading at the May 5, 1981 Board of Directors meeting, and that a public hearing be set on that date for the public hearing to downzone the property next to the property considered for rezoning. Resolution No. 6,563 was then presented, described as: RESOLUTION SETTING A PUBLIC HEARING FOR MAY 5, 1981, FOR THE PROPOSED DOWNZONING I OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MABELVALE PIKE AND 49TH STREET; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Langston, seconded by Director Bussey, and by the following roll , I I, call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. NOTE: Due to .publication requirements, the public hearing could not be advertised and held on May 5, 1981. The hearing and second reading of the Ordinance will be held at a later date. Introduced at this time was a proposed Ordinance containing the following i title: AN ORDINANCE GRANTING THE WRECKER SERVICE FRANCHISE FOR WRECKER SERVICE. WITHIN THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; with the Ordinance being read the first time and the franchisee being omitted from the first reading. A lengthy discussion followed dnd Attorney Gene Worsham, represent- I a group of three companies, namely, Manson's Mobil Service, T. J. Auto Air Conditio - ing and Wrecker Service and Pope's Wrecker Service, was the first person to speak. Mr. Worsham said the group that he represents has submitted a bid that is $8.00 to $10.00 across the board, cheaper than the other bid. He mentioned he had read about one Board Member being concerned about the quality of service rendered to the public; adding, r� "all three of these gentlemen are experienced in the wrecker business ", and briefly o� APRIL 21, 1981, Cont'd. 6/ outlined the experience of each, further pointing out the locations of the principal business and storage locations. He commented that "Mr. Manson for four years, had the contract with Pulaski County, and Mr. Pope has experience with the Arkansas State Police, doing exactly what they are bidding on here; they have experience, adequate I storage facilities, they are qualified and their bid should be accepted." Mr. Worsham further pointed out his clients are equal opportunity employers and will provide I efficient and courteous service to the citizens. Upon question by Director Langston, Mr. Worsham advised that the quarterly increase in fees, based upon the rise and cost of living index extended over a three year franchise, should be considerably less than the bid submitted by another group. Director Langston further questioned Mr. Worsham whether the group he represents has a separate storage facility for vehicles impounded by the Little Rock Police Department. His response was that in this respect, they are committed to Mr. Martin's storage facility in the 65th Street Industrial Area at 4440 Patterson Road. Director Weeks pointed out prices on the bid of Barber Street Exxon Service Station, Trek, Inc., and Penny's Wrecker Service, Inc. are good for thirty -six months; whereas, the bid of Mr. Worsham's clients is only good for and subject to change, every three months. To this Mr. Worsham asked Director Weeks to refer to the first page of the other group's bid which states: "prices will be firm, unless excessive costs necessitate a price adjustment, at which time we would like to consult with the office of the City Manager for a possible price negotiation." Upon question by Director Weeks, Mr. Worsham stated that Mr. Pope's wrecker will be dispatched from a location in the 8300 block of the New Benton Highway, and that Mr. Martin has some five acres in the 65th Street Area, not being utilized at this time that he would take over -flow parking from a private club at particular times, but that Mr. Martin is under no legal obligation to do so. The first proponent to speak was Attorney Joseph C. Kemp, representing Penny's Wrecker Service. His opening comment was that this award should be made to the lowest responsible and responsive bidders and this is, as we all know, more than dollars and cents. It deals with specifications, security, physical facilities, experience and all the things that we ' understand go to make sound judgment. Mr. Kemp stated that the dollars amounts shown on bid tabulations are different and that the current bidder is slightly in excess of the bids presented in dollars, by Mr. Worsham's clients; however, as you have already had pointed out to you, the bid of the apparent dollar low bidder is not in fact low, if you consider the rise in cost of living index as automatic adjustment every quarter He pointed out some comparisons of the bid sheets and said there is no question but that in the specification sheet, the questionaire that was mailed out to the bidders, the bid of the current franchisee is firm a good thirty -six months. Referring to storage facilities, he stated that security for impounded vehicles, especially police impounded vehicles is critical. They must be maintained separate around the clock, and pictures were shown of the storage facilities offered the public by the other bidders. Mr. Kemp stated that there are no utilities on at least one of the storage areas, that of the Manson facility. Attorney P. A. Hollingsworth, representing Trek, Inc. in the Joint Venture, pointed out some of the factors and advantages that his client has over the apparent low bidder. The current franchisee has a four -year proven experience record; ample wrecker service; very modern facilities off 65th Street, the other off Dixon Road; well placed security with TV visual contact on all cars stored there; and, room for expansion of facility on Dixon Road. Mr. Hollings- worth further stated that his client has always obeyed the law; has always been 6/ �P 55 4. j APRIL 21, 1981, Cont'd. affirmative and don't have to make that a part of the bid; and, the bid will remain it firm. Attorney Charles Brown, representing Barber Street Exxon Service Station �i presented a chart of the "Joint Venture" three -year bid, explaining advantages and comparisons that are obvious, adding: "the present bidders now have the County ' contract." In conclusion, Mr. Brown stated, "for the service you get, our bid is the responsible and responsive bidder." Upon question by Director Jones, Mr. Worsham said his client has twenty -four hour security. When questioned by Director Keith, Mr. Melvin White, Director of General Services advised that he has no recommendation regarding the bids. City Manager Mahlon Martin told the Board of Directors, "we can only judge quality by experience - we have had no complaints. The bids were taken at +'I this Board's direction. We don't like the provisions of State Law, but we are responsi ble for every vehicle we impound. We don't have the dollars for the City to get into the wrecker service. Director Jones questioned Mr. Martin, "what.happens if we are dissatisfied with whom we award the contract to ?" His response was that there is a sixty -day clause in the contract. Mayor Hubbell then requested that the Board Members vote for the group of their choice on written ballot. After the votes were passed to l ! Mayor Hubbell, he read the following results: For the Joint Venture of Barber Street Exxon, Trek and Penny - Directors Bussey, Shackelford, Langston and Weeks - total 4; i For the Manson, Martin and Pope Group - Director Keith, Mayor Hubbell and Director !'+ Jones - total 3. A motion then followed from Directors Langston and Weeks, that the proposed Ordinance be read the second time including the Joint Venture as the franchise . 1 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 including Barber Street Exxon, Trek and Penny Wrecker Services as the franchisee. Pursuant to State Law, the Franchise Ordinance must remain on file in the City Clerk's Office-for one week prior to passage; there- fore, the proposed Ordinance remained on the calendar for third and final reading on May 5, 1981. There was presented Resolution No. 6,564, with the title being: A RESOLUTION AUTHORIZING THE EMPLOYMENT OF PHILIP E. KAPLAN TO REPRESENT THE , CITY OF LITTLE ROCK AND THE DEFENDANT POLICE OFFICERS IN THE CASE OF LEROY SHAVERS AND GEORGE SHAVERS V. THE CITY OF LITTLE ROCK, ET AL.; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Jones and seconded by Director Langston, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks, I Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; i Absent - None. I The last Resolution to be considered was No. 6,565, entitled: A RESOLUTION SETTING THE DATE OF JUNE 2, 1981, FOR A PUBLIC HEARING ON PUBLIC CONVENIENCE NECESSITY FOR TAXICABS IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; i and there was a full reading of the Resolution, which was subsequently adopted upon motion of Mayor Hubbell, seconded by Director - Bussey, and by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. J Under "J" Citizen Communications, Attorney Stephany Rush of Hot Springs, Arkansas, { complained of what she referred to as "harrassment" by the Little Rock Police Chief, with reference to three Little Rock Police Officers who testified in a case at Hot Springs. She presented her statement and no comments were made or action taken. IF II I APRIL 21, 1981, 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 Langston, any 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, May 5, 1981 at 7:30 o'clock P. M. ATTEST: 9� City Clerk APPROVED: Mayor * * * * * * * * * * * * Board of Directors Chamber Little Rock, Arkansas May 5, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular session with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Weeks, Bussey and Shackelford - total 5; Absent Director Jones - total 1. 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 Langston. The first presentation was the Consent Agenda, consisting of the following items: (a) The Minutes of the previous meeting held April 21, 1981. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of March, 1981. (c) Resolution No. 6,566, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR PARKING ENFORCEMENT VEHICLES FOR THE POLICE DEPARTMENT, COMPACT POLICE SEDANS, ONE - QUARTER TON PICKUP TRUCKS AND SUBCOMPACT VEHICLES FOR THE CITY, FOR LAWN AND OUTDOOR EQUIPMENT FOR THE FIRE DEPARTMENT, FOR EQUIPMENT SUCH AS HOSE, NOZZLES AND WRENCHES FOR THE FIRE DEPARTMENT, LAWN AND OUTDOOR EQUIPMENT FOR THE PARKS DEPARTMENT, AND FOR CLOTHING FOR THE FIRE DEPARTMENT AND FOR OTHER PURPOSES. (d) Resolution No. 6,567, with the title being: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LICENSE AGREEMENT WITH MISSOURI PACIFIC RAILROAD FOR A FIRE ALARM AND FOR OTHER PURPOSES. (At Forbing Road & University Avenue) (e) Resolution No. 6,568, described as: (Arch St. Pike at Inonton Rd. - to A RESOLUTION ACCEPTING A DEDICATION OF LAND FROM AMERICAN CYANAMID be used bon. PoZcce NztoZ Rango COMPANY; EXPRESSING APPRECIATION TO AMERICAN CYANAMID; AND FOR OTHER PURPOSES. (f) Resolution No. 6,569, entitled: ' I A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH J. A. RIGGS FOR THE REPAIR OF EQUIPMENT; AND FOR OTHER PURPOSES. (Landfill Traxcavator) (g) Presentation of a certificate of appreciation to the American Cyanamid Company. 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 follows: (a) The Minutes of the previous meeting were approved as written and summarized; (b) The Comparative Statement was received and filed; (c, d, e & f) Resolution Nos. 6,566, 6,567, 6,568 and 6,569 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackel and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1; and (g) Certificate of Appreciation was presented to Mr. Bob Shell of American Cyanamid 111111 Company. On January 6, 1981 a public hearing was scheduled and opened on Zoning Appeal (Z -3579) submitted for Mr. Van Melson by Attorney Christopher Barrier, on the Planning Commission's November 11, 1980 denial to rezone Lots 4, 9 & 10, Block 150, John Barrow 11 - 111 - - - I - r - -- I - - -- - - - _- -- -- 11- 1 11 May 5, 1981, Cont'd. V Neighborhood Commercial District. After strong neighborhood opposition was presented on January 6, 1981, a motion was made and adopted to continue the public hearing with presentation of the Ordinance, after sixty days. Mayor Hubbell then declared this was the time and place to continue the public hearing with Mr. Barrier, speaking for the applicant, being the first speaker. He presented a map and pointed out the proposal to "step down" the zoning of certain parcels which would provide quality development. Mr. Barrier referred to Plans 1, 2 and 3, and upon question by Director Shackelford, Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that there had been no indication from neighbors which plan they prefer. Ms. Pat Harris, a member of the CDBG Committee presented opposition listing seven reasons the application should be I denied: (1) The neighborhood is 99% residential; (2) Approximately 65% of the area housing is owner occupied; (3) 33rd Street is inadequate to handle present traffic I loads; (4) Vision for drivers from the north on Barrow Road is hampered by terrain; (5) Parking space available and accessibility of facilities would be detrimental to traffic flow on 33rd Street; (6) Traffic problems are already compounded by 7- Eleven Store and service station; and (7) Engineering studies for widening John Barrow Road have not been completed. Ms. Harris stated that since the Board of Directors allowed Mr. Melson at least two continuations, "the committee is asking that you grant the same courtesy and allow us a continuation, and defer all zoning in the area until the City Plan in our area is complete." Upon question by Director Langston, Mr. Nathaniel Griffin advised that the Plan should be ready within the next two months. There was no one else present to address the issue, the hearing was closed and the proposed Ordinance was placed on first reading, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE JOHN BARROW ADDITION AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR V OTHER PURPOSES; and the Ordinance was read the first time. A motion followed by Director Shackelford that the proposed Ordinance be tabled for a period of three months. The motion receiv a second from Director Bussey and was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Therefore, with the adoption of the motion, the proposed Ordinance was tabled until August 4, 1981, at which time it will be placed on the Agenda for second reading. A public hearing had been scheduled for this time and place on an amendment to th map element of the Master Street Plan relating to collector streets in the areas of I Pankey Addition, Taylor Loop Road and Hinson Road. Mayor Hubbell declared the public hearing open and invited those wishing to speak to come forward. With there being no I response to the invitation, the public hearing was declared closed and an Ordinance providing for the amendment was placed on first reading. (See Ordinance No. 14,038 below) Ordinance No. 14,038 was presented, entitled: AN ORDINANCE PROVIDING FOR AMENDMENT OF THE MAP ELEMENT OF THE MASTER STREET PLAN 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 Weeks, to suspend the rules and place the ordi- nance 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 V May 5, 1981, Cont'd. 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 by Director Bussey and seconded by Director Langston; 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 ensuing Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Whereupon, the Ordinance was declared PASSED. A public hearing had also been scheduled for this time and place to consider endorsing a cul -de -sac approach to Fairview Road in Northwest Little Rock. The public hearing was declared open by Mayor Hubbell and Attorney David Henry, a resident of the area and representing property owners, was the first and only speaker for the issue. He requested residents in opposition to stand and when explaining traffic in the area, he said Fairview Road is going to become a secondary artery down to property owned by Mr. Louis Schickel. In conclusion, he said, "I think in the interest of the subdivision and in the interest of good planning, that it makes good sense to close that cul -de- sac." At this point, Mr. Mahlon Martin, City Manager, advised the Board of Directors that he had received a letter from Dr. and Mrs. Allan G. Gold who own 7 acres in the area, stating they could not attend tonight and strongly oppose the cul -de -sac. Mr. Louis Schickel advised that he is against the closing of Fairview Road and named other property owners who also oppose. Mr. Nathaniel Griffin, Director of Comprehensive Planning told the Board of Directors that the School District is opposed and the Fire Department has problems with the cul -de -sac endorsement for woodland Heights Road. Upon question by Director Langston, Mr. Griffin said if the street is left open it will be directing commercial traffic down a very small residential street. Mayor Hubbell then declared the public hearing closed and Resolution No. 6,570 was presented, described as: A RESOLUTION ENDORSING A CUL -DE -SAC APPROACH TO FAIRVIEW ROAD AND DIRECTING PUBL WORKS TO WORK WITH THE PRIVATE IMPROVEMENT DISTRICT; AND FOR OTHER PURPOSES; which Resolution was read in its entirety. There was a motion which followed from Director Bussey, seconded by Director Langston, which resulted in a roll call vote whereby the Resolution was adopted as follows: Ayes - Directors Keith, Langston, Weeks, Bussey and Mayor Hubbell - total 5; Noes - Director Shackelford - total 1; Absent - Director Jones - total 1. The next presentation was Resolution No. 6,571, with the title being: A RESOLUTION LIMITING THE DENSITY ON UNDEVELOPED LAND IN THE LITTLE MAUMELLE VALLEY TO THREE (3) UNITS PER ACRE; PROVIDING FOR DENSITY CLUSTERING WITHIN SINGLE OWNERSHIPS; AND FOR OTHER PURPOSES; with the Resolution being read in full and thereafter adopted by a motion made by Director Bussey, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. ' A Zoning Proposal (Z -3668) was the next presentation, from the Danny Thomas Development Company, Inc. to develop "Woodland Hills Planned Residential Development" consisting of 42.87 acres. The proposed rezoning is from "MF -18" and "R -2" to "PRD ", as approved by the Planning Commission.with the revisions as recommended by the Planning May 5, 1981, Cont'd. �I calls for 188 units consisting of 36 single - family zero lot line units and 132 pair- �I units, with 1,200 square feet per unit. This would permit two families in a $100,000 I house, or $50,000 per unit. The entrance to the development would be off Mara Lynn Road with a density of less than five units per acre. Mr. Henry presented a drawing of the development as he explained the proposal. Several property owners in the area were present in opposition to the Planned Residential Development, with Mr. Tim Daley of 15 Kings Court speaking first. He commented that the units are starter homes with the neighborhood extremely opposed to the zoning, and the proposed buffer is inadequate!I; ii with a need for at least 100 feet. Mrs. Bobbi Guerra wants single - family dwellings in order not to lose her investment; Mr. Glenn Petkorsek's basic concern was that the i second phase might go duplex also; Mr. Gordon Hawthorne commented this is a deep i intrusion into a primary single - family neighborhood; and, Ms. Dione Doty was concerned i with increased traffic at Terry Elementary School. Ms. Doty also questioned whether there is a guarantee these units would stay owner occupied. Director Shackelford i responded with "this Board would have no control'. Upon question by Director Shackel- i ford, Mr. Nathaniel Griffin, Director of Comprehensive Planning, advised that the applicant addressed the concerns Staff had, adding: "we are prepared to accept the plan, the 25 ft. buffer is adquate but, we expected opposition." At this point, Director Bussey moved that the matter be tabled until the next Board Meet -,ng in an attempt to settle for a 50 ft. buffer. The motion was seconded by Director Shackel- ford and a roll call was taken and recorded as follows: Ayes - Director Bussey - total 1; Noes - Directors Keith, Langston, Weeks, Shackelford and Mayor Hubbell - total 5; Absent - Director Jones - total 1. With the motion having failed, Mr. Danny Thomas told the Board he had tried every way possible to work this out with the neighboi - hood; that this proposal is a strong Bill of Assurance and that he can only give a 40 ft. buffer and no more. He assured this is a quality project. Director Shackel- ford made a motion that there be a 40 ft. buffer to the North, with the motion receivin, p a second by Director Bussey, and unanimous adoption by a voice vote of the Board of i Directors present. There was no further discussion and the proposed Ordinance to rezone the property was placed on first reading. A proposed Ordinance was presented, containing the following title: r I AN ORDINANCE GRANTING APPROVAL OF A PLANNED DEVELOPMENT ON PROPERTY LOCATED ON I THE NORTH SIDE OF MARA LYNN ROAD, ONE QUARTER MILE EAST OF NAPA VALLEY ROAD, SETTING FORTH THE CONDITIONS ATTACHED THERETO AND FOR OTHER PURPOSES; III and the Ordinance was read the first time. A motion was then made by Director Langstoril which was seconded by Director Shackelford, that the rules be suspended and the Ordi- nance be placed on second reading; with the motion being unanimously adopted by memberil of the Board of Directors present, being six in number and two- thirds or more of the II members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion made by Director Shackelford and seconded by Direct�i Langston, for a further suspension of the rules to allow for the third and final readi!"11 I, II of the Ordinance. The motion was unanimously adopted by voice 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 outcome being third last with a and readin it of the Ordinance. There was an Aye and No Vote taken on the question, Shall the Ordi- nance Pass, resulting in the following vote: Ayes - Director Weeks and Mayor Hubbell i� total 2; Noes - Directors Keith, Langston, Bussey and Shackelford - total 4; Absent I1TI. Director Jones - total 1. Mayor Hubbell then announced that the Ordinance had FAILED May 5, 1981, Cont'd. to pass. At 8:40 P. M. Mayor Hubbell announced there would be a five minute recess. The Board of Directors reconvened at 8:45 o'clock P. M. in the Board Chamber with the following Directors answering roll call: Directors Keith, Langston, Weeks, Bussey Shackelford and Mayor Hubbell - total*6; Director Jones was absent. Introduced at this time was Ordinance No. 14,039, containing the following caption: AN ORDINANCE APPROPRIATING $24,000.00 FROM THE 1977 CAPITAL IMPROVEMENT FUND FOR THE CHICOT ROAD AND BASELINE ROAD INTERSECTION IMPROVEMENT PROJECT; 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 Directors Langston and Keith, respectively, which was adopted by unanimous voice 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 Langston, again 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 voice 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 Ordi- nance 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, Langston, Weeks, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was Ordinance No. 14,040, entitled: AN ORDINANCE GRANTING THE WRECKER SERVICE FRANCHISE FOR WRECKER SERVICE WITHIN THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; (Awarded to Barber Street Exxon Servicecenter, Inc., Trek, Inc. and Penny's Wrecker Service, Inc., d /b /a Joint Venture) which Ordinance was read the third and last time, with the first and second readings having occurred on April 21, 1981. Before a roll call was taken, a discussion ensued in which Mr. Edward Moody, Attorney representing Manson Mobil Service, one of the , group who did not receive the bid, was the first speaker in opposition. He commented that the bid had been awarded to the highest bidder, giving reasons he felt the bid of Group No. 1 should be rejected. He stated facilities located outside the City of Little Rock on Dixon Road, are not accessible to the public; lack of courtesy and respect to citizens by overcharging, and presented copies of invoices he said were overcharges by the companies holding the franchise; not complying with the provisions of the Ordinance by failing to file monthly reports; and, he mentioned a legal question of storing automobiles out in the County. Mr. Moody requested that an investigation V into the overcharges be made, and Mr. Gene Worsham, Attorney also opposing the Joint Venture bid, spoke regarding the overcharges. Upon question by Director Langston, Mr. Mahlon Martin, City Manager advised that he will investigate the possibility of the occurrence of overcharges, and that a sixty day notice of termination clause is II included in the franchise. Director Bussey stated that he felt this matter should not 1 have been brought to the Board of Directors and that the franchise should have been extended. Mr. Hal Kemp and Mr. P. A. Hollingsworth, Attorneys for the successful Joint Venture, were present to answer questions. There was no further lbidders, discussion and a roll call was taken on the question, Shall the Ordinance Pass, with May 5, 1981, Cont'd. the results recorded as follows: Ayes - Directors Keith, Langston, Weeks, Bussey and PASSED. The Petition from Carl W. Imhauser, et al, was presented to vacate and close a portion of the alley in Block 14, Midland Hills Addition to the City of Little Rock, Arkansas. Upon review by the Planning Commission, it was recommended that the petitio be denied. Attached to the petition was a certified copy of the plat of Midland Hills Addition as filed of record in the Office of the Pulaski County Circuit Clerk. Also attached to the petition was a letter from Little Rock Abstract Company listing the last owners of record to abutting property. Mayor Hubbell then declared the public hearing open and Mr. Carl Imhauser was the first person to speak for the partial alley closure. He passed out a letter to Board Members written by Mr. Robert Gee, one of the petitioners, explaining the past history of the alley and requesting reaffirmation of the closure which has been in effect since the late 1940's. Dr. Ray Robbins, Dr. Mason G. Lawson and Dr. Gilbert O. Dean were present and also commented in favor of the alley closure. Attorney Charles Matthews, Trustee of Lot 18, opposed the alley closure and presented picture slides and explained the reasons why he felt it should not be closed. In conclusion, Mr. Matthews requested that the Board of Directors deny the alley closure and thereby permit the sale or development of this property. Mr. James T. Briley of 3314 West Markham Street was the other person present to oppose the alley closure. There was no further discussion, Mayor Hubbell declared the Public Hearing closed and the Ordinance to close a portion of the alley was placed on first Shackelford - total 5; Noes - Mayor Hubbell - total 1; Absent - Director Jones - ' total 1. ' The Emergency Clause contained in Section 4 of the foregoing Ordinance was read and adopted by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey a Shackelford - total 5; Noes - Mayor Hubbell - total 1; Absent - Director Jones - total 1. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. The Petition from Carl W. Imhauser, et al, was presented to vacate and close a portion of the alley in Block 14, Midland Hills Addition to the City of Little Rock, Arkansas. Upon review by the Planning Commission, it was recommended that the petitio be denied. Attached to the petition was a certified copy of the plat of Midland Hills Addition as filed of record in the Office of the Pulaski County Circuit Clerk. Also attached to the petition was a letter from Little Rock Abstract Company listing the last owners of record to abutting property. Mayor Hubbell then declared the public hearing open and Mr. Carl Imhauser was the first person to speak for the partial alley closure. He passed out a letter to Board Members written by Mr. Robert Gee, one of the petitioners, explaining the past history of the alley and requesting reaffirmation of the closure which has been in effect since the late 1940's. Dr. Ray Robbins, Dr. Mason G. Lawson and Dr. Gilbert O. Dean were present and also commented in favor of the alley closure. Attorney Charles Matthews, Trustee of Lot 18, opposed the alley closure and presented picture slides and explained the reasons why he felt it should not be closed. In conclusion, Mr. Matthews requested that the Board of Directors deny the alley closure and thereby permit the sale or development of this property. Mr. James T. Briley of 3314 West Markham Street was the other person present to oppose the alley closure. There was no further discussion, Mayor Hubbell declared the Public Hearing closed and the Ordinance to close a portion of the alley was placed on first Director Bussey, seconded by Mayor Hubbell, 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 again made by Director Bussey, seconded by Directo Shackelford, 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 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 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 - Directors Keith, Langston, Weeks and Mayor Hubbell - total 4; Noes - Directors Bussey and Shackelford - total 2; Absent - Director Jones - total 1. Therefore, the Ordinance was declared PASSED. Introduced at this time was Resolution No. 6,572, described as: A RESOLUTION APPROVING THE SALE OF SEWER REVENUE BONDS; APPROVING THE DESIGNATION S; SETTING FORTH THE Y reading. (See Ordinance No. 14,041 below) Ordinance No. 14,041 was presented, with the title being: ' AN ORDINANCE VACATING AND CLOSING.A PORTION OF THE ALLEY IN BLOCK 14, MIDLAND HILLS ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and the Ordinance was read the first time. There was a motion made at this time by Director Bussey, seconded by Mayor Hubbell, 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 again made by Director Bussey, seconded by Directo Shackelford, 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 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 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 - Directors Keith, Langston, Weeks and Mayor Hubbell - total 4; Noes - Directors Bussey and Shackelford - total 2; Absent - Director Jones - total 1. Therefore, the Ordinance was declared PASSED. Introduced at this time was Resolution No. 6,572, described as: A RESOLUTION APPROVING THE SALE OF SEWER REVENUE BONDS; APPROVING THE DESIGNATION S; SETTING FORTH THE Y May 5, 1981, Cont'd. DETAILS OF THE MATURITY SCHEDULE OF THE BONDS; AUTHORIZING THE USE OF THE OFFICIAL STATEMENT BY THE UNDERWRITERS; PRESCRIBING OTHER MATTERS RELATING THERETO AND DECLARING! AN EMERGENCY; ($6,500,000) and after a complete reading of the Resolution, a motion was made by Director Weeks, seconded by Director Keith, for the adoption of the Resolution. A roll call was taken on the motion with the results recorded as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. The Emergency Clause contained in Section 10 of the above described Resolution was read and adopted by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Mayor Hubbell announced that the Resolution, together with the Emergency Clause, had been ADOPTED. There was presented Resolution No. 6,573, entitled: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND MARKHAM INN, INC. PERTAINING TO THE ISSUANCE OF TOURISM REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING TOURISM FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; (Not to exceed $2,500,000- Public Hearing held with no opposition) with said Resolution being read in full and thereafter adopted upon motion of Director Langston, seconded by Director Keith, and the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. Presented for consideration at this time was Resolution No. 6,574, with the title being: A RESOLUTION RENAMING WEST 31ST STREET BETWEEN HIGH AND PULASKI STREETS IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; (Name changed to Short West 31st Street) with the Resolution being read in its entirety. A motion then followed from Director ' Langston, 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, Langston, Weeks, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. The last matter to be considered was Ordinance No. 14,042, containing the following title: AN ORDINANCE ESTABLISHING AN HISTORIC DISTRICT AND ESTABLISHING PROCEDURES FOR THE ISSUANCE OF CERTIFICATE OF APPROPRIATENESS REQUIRED WITH REFERENCE TO CONSTRUCTION ACTIVITIES ON STRUCTURES LOCATED IN THE HISTORIC DISTRICT; AND FOR OTHER PURPOSES; which Ordinance was read the first time. A large group of persons supporting the establishment of the MacArthur Park Historic District was present including John Jarrard, Charles Witsell, Jr., Bob Joblin, Dickson Flake, Tom Wilkes, Donald Evans, Averell R. Tate, Ralph Megna, Mrs. Lillian Thomas, Charles Ray, Jim Rule, John Matthews' and Mel Ratliff: They commented that the Terry Mansion will benefit; the Ordinance will give ability to downtown; effort has been made to meet State Statutes; the Ordi- nance can be looked upon as a Bill of Assurance, thereby reducing the risk of invest- ment; and, the vast majority of property owners are in support of a positive plan. May 'S, 1981, Cont'd. Those speaking in opposition to the Historic District were Arnold Duffey, Lester O. Gaines, Bob McCrary, Henry Lienhart and Louis Heim. Their comments were: this ' proposal does not represent the majority of people; if this ordinance passes, some form of enforcement is involved; we already have a building code; and, what you are seeing is support from professionals and developers. There was no further discussion and a motion was made by Director Bussey, seconded by Director Shackelford, for 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 second reading of the Ordinance ensued. A motion was then made by Director Bussey, again seconded by Director Shackelford, that the rules again be suspended and the Ordinance be placed on its third and final reading. A roll call was taken on the motion to suspend the rules with the results being: Ayes - Directors Langston, Weeks, Bussey, Shackelford and Mayor Hubbell - total 5; Noes - Director Keith - total 1; Absent - Director Jones - total 1. Upon adoption of the motion to suspend the rules for third and final reading, the Ordinance was read the last time. A roll call was taken on the passage of the Ordinance with the response being: Ayes - Directors Keith, Langst Weeks, Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. The Emergency Clause, outlined in Section 11 of the above described Ordinance, was then read and adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks Bussey, Shackelford and Mayor Hubbell - total 6; Noes - None; Absent - Director Jones - total 1. An announcement was then made that the Ordinance, together with the Emergency Section, had PASSED. There being no further business to be presented or to come before the Board of Directors, upon motion of Mayor Hubbell, seconded by Director Bussey, the meeting was recessed at 10:30 o'clock P. M. to meet again on Wednesday, May 14, 1981 at 10:00 o'clock A. M. to consider naming the New Convention Center Area. ATTEST: (? %� APPROVED: 1100 City Clerk Mayor * * * * * * * * * * * * 1 I Board of Directors Chamber Little Rock, Arkansas it May 13, 1981 - 10:00 A. M. II The Board of Directors of the City of Little Rock, Arkansas reconvened from the May 5, 1981 Board Meeting with Mayor Hubbell presiding and Jane Czech, City Clerk and j� i the following Directors present: Directors Keith, Langston, Weeks, Bussey and Jones - j total 5; Absent - Director Shackelford - total 1. li A quorum was declared present and the following is an account of the proceedings: Mayor Hubbell then announced that the purpose of the reconvened meeting was to consider the recommendation of the Naming Committee of the Advertising and Promotion Commission, for a name for the Convention Center now under construction. Ms. Susan Shallhorn, a member of the Naming Committee, made a presentation of the recommendations of the Committee. The proposed name chosen for the convention center under construction at Markham and Main Streets is "State House Convention Center ". Ms. V� Shallhorn stated the name was chosen to reflect the proximity of the Old State House, - the state's first capitol, which is just west of the construction site. She further iiexplained I that the area bounded by Main, Broadway, Markham Streets and the Arkansas i River would be called State House Plaza, with Robinson Auditorium becoming Robinson i Center. Individual rooms in the convention center would also reflect the governmental l theme such as: Governor's Exhibition Hall, the Rotunda, the Caucus, the Cabinet, the IIState Room the Capitol, the Chamber and the Council. After the p presentation, Director 'V Keith commented that the Committee did an "excellent job" in choosing names for the Convention Center and Area, and Resolution No. 6,575 was presented, entitled: A RESOLUTION NAMING THE CONVENTION CENTER UNDER CONSTRUCTION "STATE HOUSE CONVENTION CENTER "; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution; with an ensuing motion from Director Keith, seconded by Director Jones, for adoption of the Resolution. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Mayor Hubbell and Director Jones - total 6; , Noes - None; Absent - Director Shackelford - total 1. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Langston, seconded by Director Weeks, and by un- animous vote of the Board Members present, the meeting was adjourned at 10:15 o'clock A. M., to meet again in regular session on Tuesday, May 19, 1981 at 7:00 o'clock P. M. I (Thirty minutes earlier than regular meeting time of 7:30 P. M.) � ATTEST: Iy� A�*u APPROVED: IMayor City Clerk * * * * * * * * * * * * i' Ili � I Board of Directors Chamber Little Rock, Arkansas May 19, 1981 - 7:00 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular with Mayor Hubbell presiding and Robbie Hancock, Assistant City Clerk, and the follow- ing Directors present: Directors Langston, Weeks, Shackelford, and Jones - total 4; Absent - Directors Keith and Bussey - total 2. It was announced that a quorum was present and the meeting proceeded as herein described: The Invocation was given by Director Weeks. Presented first was the Consent Agenda consisting of the following items: (a) Minutes of the previous meeting held May 5, 1981 and the reconvened meeting (b) (c) ' (d) (e) (f) F I I I , (g) (h) (i) held May The 1980 The 1980 The 1980 The 1980 Resoluti 13, 1! Audit Audit Audit Audit on No. )81. Report of Advertising & Promotion Commission. Report of Policemen's Pension and Relief Fund. Report of the Municipal Judges Retirement Fund. Report of Firemen's Relief and Pension Fund. 6,576, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR THE ANNUAL CONTRACT FOR CONCRETE PIPE, FOR THE ANNUAL CONTRACT FOR PAPER PRODUCTS, FOR SEVEN REFUSE TRUCKS, FOR CLOTHING FOR THE FIRE DEPARTMENT, FOR A PUMPER FIRETRUCK FOR THE FIRE DEPARTMENT AND FOR THE ANNUAL CONTRACT FOR ASPHALTIC MATERIALS; AND FOR OTHER PURPOSES. (Note: Aerial truck for Fire Department was removed from Agenda; Chief Webb stated that City did not accept low bid on Fire Department clothing because it did not meet specifications.) Resolution No. 6,577, entitled: A RESOLUTION COMMENDING DONALD S. (DON) ARICK, AN EDUCATOR AND FORMER CHAIRMAN OF THE CITY BEAUTIFUL COMMISSION, FOR HIS OUTSTANDING WORK AS AN EDUCATOR AND A CIVIC LEADER; AND FOR OTHER PURPOSES. Resolution No. 6,578, with the title being: A RESOLUTION ENDORSING THE CENTRAL ARKANSAS LIBRARY SYSTEM'S PLANNING PROCESS AND THEIR ONGOING ATTEMPT TO PROVIDE THE .CITIZENS OF LITTLE ROCK WITH MAXIMUM LIBRARY SERVICE; AND FOR OTHER PURPOSES. Resolution No. 6,579, described as: A RESOLUTION SETTING THE DATE OF JUNE 2, 1981 FOR A PUBLIC HEARING REGARDING EMERGENCY MEDICAL SERVICES IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. (j) Resolution No. 6,580, entitled: A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY'S OFFICE TO PURSUE LITIGATION TO OBTAIN AN INJUNCTION TO PREVENT THE OWNERS OF CERTAIN PROPERTY FROM MAINTAINING THE PROPERTY IN A HAZARDOUS AND PHYSICALLY OFFENSIVE CONDITION; AND FOR OTHER PURPOSES. ' (Note: City Manager Mahlon Martin added a resolution setting June 2, 1981 as public hearing date regarding taxicabs; however, this had already been done by Resolution No. 6,565, adopted April 21, 1981.) DIRECTOR KEITH WAS ENROLLED. 19, 1981, Cont'd. By a motion from Director Langston, seconded by Director Keith, and a roll call vote with all members present voting Aye, the Consent Items were dispensed with a follows: (a) The Minutes of the previous meetings were approved as written and summarized to ' the Board of Directors; (b) The Audit Report of the Advertising & Promotion Commission was received and filed; (c) The Audit Report of the Policemen's Pension and Relief Fund was received and filed; (d) The Audit Report of the Municipal Judges Retirement Fund was received and filed; (e) The Audit Report of the Firemen's Relief and Pension Fund was received and filed; and (f, g, h, i & j) Resolutions No. 6,576, 6,577, 6,578, 6,579, and 6,580 were read in full and adopted by the following roll call vote: Ayes Directors Keith, Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The following Zoning Applications were considered next, as approved by the Plann- ing Commission: Z- 3637 -A - From J. Dan Baker to rezone 1/2 acre on East Roosevelt Road, south of the Airport, (long legal description), from "R -2" Single - family District to "I -2" Light Industrial District. Z -3669 - From David Smart for Mary Bracy Smart to rezone 3 acres on Sibley Hole Road, near the Highway Department Material Yard (long legal description), from "R -2" Single - family District to "I -2" Light Industrial District. Z -3672 - From Mike Allwine for Budget Rent -A -Car of Arkansas, Inc. to rezone 1/2 acre at 4509 East Roosevelt Road (long legal description) from "R -2" Single - family District to "I -2" Light Industrial District. Z -3676 - From J. M. Collins to rezone 201 South Barton Street (Lot 16, Block 8, Capitol View Addition), from "R -3" Single- family District to "R -5" Urban Residence District. Z -3679 - From John P. Corn for Glover & Carpenter Construction Company, Inc., to rezone 1 acre south of 35th Street, between Polk and Taylor Streets -(Lots 5 & 6, Block 9 and Lots 1, 2, 3 & 4, Block 10, Ruebel & Leymer's Addition), from "R -3" Single -fami District to "I -2" Light Industrial District. Z -3683 - From Bud Milligan for Neville C. Withrow, Jr. to rezone 1 acre at the , northeast corner of Baseline Road and Distribution Drive (Lot 35, Triangle Properties), from "R -2" Single - family District to "I -2" Light Industrial District. As there was no one present to speak in opposition to the reclassification of the above - described properties, an Ordinance to reclassify same was placed on first read- ing. (See Ordinance No. 14,043 as follows) Ordinance No. 14,043 was presented, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Keith, seconded by Director Jones, 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 ensued. A subsequent motion was made by Director Keith, seconded by Director Langston, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopt 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. Ii I 1 May '19, 1981','Cont'd. DIRECTOR BUSSEY WAS ENROLLED. There was a third and final reading of the Ordinance after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. At this time, Mayor Hubbell made a presentation to Mr. Donald S. Arick, former chairman of the City Beautiful Commission, for his outstanding work as an educator and civic leader. (Mayor Hubbell read Resolution No. 6,577 in full) Zoning Petition No. Z -3684 was the next presentation, having been submitted by Perry Norwood to rezone 7411 -7415 Geyer Springs Road (Norwood Subdivision - long legal description), from "C -3" General Commercial and "R -5" Urban Residence Districts to "I -2" Light Industrial District. Mr. John Plegge and Mr. Gene Pfeifer were present an( requested that the entire tract be rezoned "C -4" Open Display District. With no furth( discussion, an Ordinance to reclassify the above - described property was placed on firs, reading. (See Ordinance No. 14,044 as follows) Ordinance No. 14,044 was presented, containing the following title: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 7411 GEYER SPRINGS ROAD IN THE CIT' OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 Keith, seconded by Director Langston, to amend the ordinance to rezone the entire tract (2.4 acres) "C -4" Open Display District. The motion was adopted by unanimous vote of the Directors present. There was a subsequent motion by Director Langston, seconded by Director Weeks, to suspend the rules and place the Ordinance, as amended, on second 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; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Jones to suspend the rules and place the Ordinance on third and final reading; which 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. There was a third and final reading of the Ordinance, as amended, after which an Aye and No Vote was taken o: the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langsto: Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance, as amended, was declared PASSED. The next presentation was Zoning Petition No. Z -3653 from Frank B. Whitbeck to rezone 9300 square feet at the southeast corner of Cantrell Road at North Street (Lot Block 361, J. H. Morley's Subdivision), from "0 -3" General Office to "C -3" General Commercial District. Presentation was made by Mr. Frank Whitbeck, owner of the proper who stated that the continuous use for the past thirty years or more, has been that of an outdoor free- standing billboard. The billboard is owned by Donrey Outdoor Advertis ing Company, who rents the land from Mr. Whitbeck. City setback requirements render this property fit for no other use that outdoor free - standing billboard. The current billboard violates, but is exempt from City setback provisions of the City of Little Rock Code of Ordinances. He plans to build a new billboard and place it within set- back boundaries required by City Ordinance. Opposition was presented by Mr. Bob Riley of Donrey Outdoor Advertising Company, who stated: "I concur with staff on denial. I believe it should be as it is." When questioned why he objected, he stated: "It is May 19, 1981, Cont'd. now nonconforming use and may stay that way indefinitely. If zoning is granted, owner would require us to take down our structure and build one of his own. There is some question in my mind that the Federal government will accept this rezoning." There was no further discussion and the Ordinance to reclassify the property was placed on first reading as follows: Ordinance No. 14,045 was presented, described as: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE SOUTHEAST CORNER OF CANTRELL ROAD AT NORTH STREET IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 was made by Director Langston, seconded by Director Keith, 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- thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion made by Director Keith and seconded by Director Langston, for a further sus- pension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by 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; 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, resulti in the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Mayor Hubbell then announced that the Ordinance had PASSED. I The next matter to be presented was a proposed Ordinance, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LYING IN THE 5000 BLOCK, MABELVALE PIKE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; (Z- 3406 -A - from 110-3" General Office to "MF -24" Multi - family District) and the Ordinance was read the second time, having been read the first time on April 21, 1981. In connection with the above zoning, a public hearing had been scheduled II and an ordinance prepared on the downzoning of the adjacent property, located at the I� southwest corner of Mabelvale Pike and 49th Street. (NOTE: The public hearing had been set for May 5, 1981, but due to publication requirements, the public hearing coull not be advertised and held on that date and was postponed until May 19, 1981.) Mayor Hubbell declared the public hearing open, and Mr. Jim Hathaway, the developer of the Braswell property was the first speaker. Mrs. Willandra Dean, a member of the Pulaski County Quorum Court and a resident in the area, spoke in opposition to the rezoning an, downzoning. Mrs. Betty Green, 4911 Mabelvale Pike, which is across the street from th property, requested denial of the rezoning. She also presented a letter from her neighbor, Mr. Tom Smith, who is in opposition to the rezoning. Mayor Hubbell then declared the Public Hearing closed, and the proposed ordinance downzoning the property was placed on first reading. 1 A proposed Ordinance was presented, with the title being: IIIIII ' AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MABELVALE III II�fIPIKE AND 49TH STREET IN THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; (Downzone from "R -5" Urban Residence to "MF -24" Multi - family District) and there was a first reading of the Ordinance. A motion was made by Director Bussey, r "Illil I u May 19, 1981, C'ont'd. seconded by Director Shackelford, to suspend the rules and place the Ordinance on sec 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; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Keith to again suspend the rules and place BOTH Ordinances on third and final reading; which motion was seconded by Director Shackelford, and adopt 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 final reading of the proposed ordinance reclassifying Z- 3406 -A, after which an Aye and No Vote was taken on the passage of the Ordinance with the outcome being: Ayes - Directors Langston, Weeks and Mayor Hubbell - total 3; Noes - Directo Keith, Bussey, Shackelford and Jones - total 4. Whereupon, it was announced that the Ordinance had FAILED. Following the announcement that the Ordinance had failed, Mr. Jim Hathaway withdrew the request for downzoning the property at the southwest corner of Mabelvale Pike and 49th Street, and a roll call was not taken on the passage of the Ordinance to downzone adjacent property. At this time, Mayor Hubbell requested the Board of Directors to adopt a Resoluti commending City Manager Mahlon Martin for his efforts beyond the call of duty in the sales tax campaign, and Resolution No. 6,581 was presented, entitled: A RESOLUTION COMMENDING CITY MANAGER MAHLON A MARTIN FOR HIS WORK DURING THE SALES TAX CAMPAIGN; AND FOR OTHER PURPOSES; with said Resolution being read and adopted upon motion of Director Keith, seconded by Director Langston, and the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. A Public Hearing had been advertised for this time and place, upon the question of issuance of Tourism Revenue Bonds for Markham Inn, Inc. The Public Hearing was declared open by Mayor Hubbell. There was no one present who wished to oppose the issue, the Public Hearing was declared closed, and an Ordinance authorizing the issuance of the bonds was placed on first reading. (See Ordinance No. 14,046 below) Ordinance No. 14,046 was presented, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF TOURISM REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR TOURISM FACILITIES; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND MARKHAM INN, INC., AS LESSEE; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; ($2,500,000) and after the first reading of the Ordinance, there was a motion 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 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. A subsequent motion was made at this time by Director Keith, and seconded by Director Weeks, for a further suspension of the rules to allow for the third and final reading of the Ordinance. 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; and there was a third and final. May 19, 1981, Cont'd. reading of the Ordinance. The ensuing roll call vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent I None. �I The Emergency Clause contained in Section 10 of the foregoing Ordinance was read i and adopted by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. �I It was then announced by Mayor Hubbell that the Ordinance, together with the Emergency Section, had PASSED. The next matter to be considered was Resolution No. 6,582, with the title being: A RESOLUTION AUTHORIZING AN OFFER TO H. A. BOWMAN TO PURCHASE AN OPTION TO BUY CITY -OWNED PROPERTY AT 400 EAST SECOND STREET ON THE CONDITION THAT CONSTRUCTION BEGIN ON THE PROPERTY WITHIN EIGHTEEN (18) MONTHS OF PURCHASE DATED; AND FOR OTHER PURPOSES; and after the Resolution was read, Mr. H. A. Bowman requested that he be given up to 48 months to begin construction, depending on availability of money. He was advised ih that the policy of the Board is to require that construction begin within 18 months, I' and if construction is not started within 18 months, the purchaser can come back and ask for an extension. Upon question by Director Langston, Mr. Nathaniel Hill advised the Board that this was actually an option rather than an offer to purchase. After lengthy discussion, Mayor Hubbell asked an opinion of the City Attorney. City Attorne: Jack Magruder advised the Board to "authorize us to enter into appropriate legal arran� 4 ments with Mr. Bowman." There was no further discussion and a motion was made by �! Director Keith, seconded by Director Langston, for adoption of the Resolution. A roll call vote was taken which adopted the Resolution as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. There was presented Resolution No. 6,583, with the title being: A RESOLUTION AUTHORIZING THE EXTENSION OF AN OPTION TO PURCHASE LAND LOCATED AT ! THIRTEENTH AND HANGER STREETS AT EAST VIEW TERRACE; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Langston, seconded by Director Weeks, which resulted in a roll call vote whereby the iResolution was adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks, j Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. The last Resolution to be presented was No. 6,584, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE HOUSING BOARD OF ADJUSTMENT AND APPEALS; AND FOR OTHER PURPOSES; (Ancle West and William McKinley Cochran) and there was a full reading of the Resolution, which was subsequently adopted upon motion of Mayor Hubbell, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Under Citizen Communications, Mayor Hubbell presented fellow Board Members and City Manager Martin with "Riverfest" T- Shirts and commemorative coins. C 51 May 19, 1981, Cont'd. Director Jones read the results of the one cent sales tax election as follows: FOR 12,094 AGAINST 13,997 The adoption of the one cent sales tax failed by 1,903 votes in a Special Election called by the City of Little Rock. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Langston, 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, June 2, 1981 at 7:30 o'clock P. M. ATTEST:Q�'uG' -�Gi /.4a.,, ,L Assistant City Clerk APPROVED: A�K yor * * * * * * * * * * * * 571 V/ Board of Directors Chamber Little Rock, Arkansas June 2, 1981 - 7:30 P. M. IIIIIII The Board of Directors of the City of Little Rock, Arkansas convened in regular session at 7:30 P. M. with Mayor Webb Hubbell presiding, and Jane Czech, City Clerk. Present at roll call were Directors Keith, Langston, Weeks, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum being present, Mayor Hubbell declared the Board of Directors in session. The meeting was opened with Assistant City Attorney Bob Taylor giving the invocation. Presented first was the Consent Agenda consisting of the following items: (a) The Minutes of the previous meeting held May 19, 1981. (b) The Abstract of Votes cast at the May 19, 1981 Special Election on adoption of a 1fi sales tax. (c) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of April, 1981. ' (d) Resolution No. 6,585, entitled: A RESOLUTION EXPRESSING APPRECIATION AND GRATITUDE TO STEVE BAKER FOR SERVICES RENDERED AS A MEMBER OF THE CIVIL SERVICE COMMISSION FOR THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. (e) Resolution No. 6,586, 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 MONROE STREET IN BLOCKS 23 & 24, C. 0. BRACK'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (f) Resolution No. 6,587, with the title being: RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKAN- SAS, SETTING THE DATE OF HEARING ON THE PETITION TO VACATE AND RELOCATE PORTIONS OF AN UNDEDICATED STREET CALLED JAY ROAD BETWEEN CANTRELL ROAD ' (.STATE HIGHWAY NO. 10) AND THE SOUTH LINE OF THE NA OF SECTION 21, T -2 -N, R -13 -W, PULASKI COUNTY, NOW IN THE CITY OF LITTLE ROCK, ARKANSAS. (g) Resolution No. 6,588, containing the following caption: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR ASPHALT OVERLAY FOR MERIWETHER AND KANIS PARKS; STREET, SIDE- WALK AND STORM DRAINAGE IMPROVEMENTS (CDBG 6th YEAR) IN STEPHENS SCHOOL AND JOHN BARROW AREAS; STREET AND STORM DRAINAGE IMPROVEMENTS (CDBG 6th YEAR) IN WOODRUFF SCHOOL, SOUTH AND EAST LITTLE ROCK AND JOHN BARROW AREAS; STREET AND SIDEWALK IMPROVEMENTS (CDBG 6th YEAR) ON ABIGAIL STREET AND IN THE SOUTH LITTLE ROCK AREA; AND AERIAL FIRETRUCK FOR FIRE DEPARTMENT; AND FOR OTHER PURPOSES. (h) Resolution No. 6,589, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO TAKE APPROPRIATE LEGAL ACTION AGAINST M & P EQUIPMENT COMPANY FOR VIOLATION OF THE FLOOD HAZARD ' PREVENTION ORDINANCE; AND FOR OTHER PURPOSES. JUNE 2, 1981, Cont'd. (i) Resolution No. 6,590, with the title being: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE LAWSUITS WITHOUT FURTHER APPROVAL OF THE BOARD OF DIRECTORS ON ALL CASES INVOLVING DAMAGE TO CITY -OWNED VEHICLES IN AN AMOUNT LESS THAN TWO- THOUSAND DOLLARS ($2,000.00); AND FOR OTHER PURPOSES. By motion of Director Langston, seconded by Director Weeks, 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 were approved as written and summarized to th Board of Directors; (b) The Abstract of Votes was received and filed; (c) The Compar ative Statement of Income Account of the Little Rock Municipal Water Works was receive and filed; and (d, e, f, g, h and i) Resolution Nos. 6,585, 6,586, 6,587, 6,588, 6,589 and 6,590 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Introduced next was Ordinance No. 14,047, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN THE 6,000 BLOCK OF WEST 53RD STREET, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For additional off- street parking space, additional office space and classrooms for Geyer Springs Church of Christ. Issuance of the permit includes a requirement for compliance with off- street parking, landscaping and screening and additional paving of off -site street improvements.) and after a first reading of the Ordinance, there was a motion by Director Weeks, seconded by Director Shackelford, to suspend the rules and place the Ordinance on second 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; and the second reading of the Ordinance ensued. A subsequent motion was made by Director Jones to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Shackelford, 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. There was a third and final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. A Public Hearing had been advertised and scheduled for this time and place, on the question of the adoption of a Resolution authorizing the approval of a Memorandum of Intent to issue approximately $6,000,000 Act 9 Combined Communications Corporation (TV Channel 4), Industrial Development Revenue Bonds. Mayor Hubbell declared the public hearing open and when no one appeared to speak, he declared the public hearing closed and Resolution No. 6,591 was presented, with the title being: A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND COMBINED COMMUNICATIONS CORPORATION PERTAINING TO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCT- ING AND EQUIPPING INDUSTRIAL FACILITIES; AND PRESCRIBING THE OTHER MATTERS RELATING THERETO; ($6,000,000) V/ 5'7 JUNE 2, 1981, Cont'd. with said Resolution being read in full and thereafter adopted upon motion of Director Shackelford, seconded by Director Weeks, and the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The next matter to be presented was Ordinance No. 14,048, containing the followin title: 'i AN ORDINANCE CREATING THE CITY OF LITTLE ROCK, ARKANSAS ELDERLY HOUSING FACILITIES BOARD PURSUANT TO THE PROVISIONS OF ACT NO. 142 OF THE ACTS OF ARKANSAS OF 1975, AS AMENDED: APPOINTING THE INITIAL MEMBERS THEREOF; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; and the proposed Ordinance was read the first time. Mr. James Buttry, Attorney explain• ed the proposed development is for the construction of a retirement center of 160 unit) for the elderly, of one and two bedrooms, to be located at 800 Napa Valley Drive. He introduced Mr. Jess Keathley, Director of the Arkansas Christian Retirement Center, Inc., who presented a map of the project location and advised the property is properly �Y I I zoned and there were no objectors. He further informed there would be a social area, multi -use building, ample off - street parking, and that hopefully construction would i begin as soon as possible with rental fees to start at $500.00 per month. Director Shackelford pointed out that no provision had been made in the project for rental units for low and moderate - income people, and questioned Mr. Keathley regarding the jrental fee. He replied, "yes, you are correct, the rent will be in excess of $500.00." Mayor Hubbell commented that he was disturbed with having more than one housing facil= i ities board and also, felt some consideration should be given to provide 20% of the II units for low and moderate- income people. Attorney Buttry responded with, "Little i { Rock has no Section 8 money available." Mr. Nathaniel Hill, Director of Human Resource I suggested that the units be reduced in size to justify lower rents. He further stated, i� the City is being asked to 'subsidize' housing for high income persons and it is appropriate to ask for some low- income housing in return. The Department of Housing and Urban Development has criticized the City for not providing low- income housing out- side the central city and this is a great opportunity to set aside some for that LI purpose." Director Shackelford moved to amend the Ordinance to include that 20% of the units be set aside for low- income persons if feasible, but withdrew the motion whet it failed to receive a second. A subsequent motion was then made by Director Jones that, "in Section 3, under Members of the Board, we delete those names that are presen+ I� ly there and that they be named at a later date by this Board, and that the Board be named, 'Rental Housing Facilities Board'. The motion was seconded by Director Shacke �I ford and unanimously adopted by members of the Board of Directors present. There was no further discussion and a motion was made by Director Bussey that the rules be sus- pended and the Ordinance be read the second time, as amended, by deleting "appointing the initial members thereof ", from the title. The motion received a second from jDirector Weeks and unanimous adoption by Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors - elect, with the second reading of the Ordinance, as amended, following. A subsequent motion was again made" is by Director Bussey, again seconded by Director Weeks, for a further suspension of the N rules and the placing of the Ordinance, as amended, on third and final reading, with 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 V Directors- elect. The third and final reading of the Ordinance, as amended, resulted I` J F__7 L Y II _ JUNE 2, 1981, Cont'd. i in an Aye and No Vote being taken on the question, Shall the Ordinance Pass, with the I��i vote being recorded herein as follows: Ayes - Directors Keith, Langston, Weeks, Busseyl,i! Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - II None. The Emergency Section contained in Section 10 of the foregoing Ordinance was read II and adopted by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, I III Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. I! It was announced by Mayor Hubbell that the Ordinance, as amended, together with the Emergency Section, had PASSED. In connection with the above - described Ordinance, Resolution No. 6•,592 was the next matter to be considered, entitled: IN }I A RESOLUTION STATING IT -TO BE THE EXPRESS POLICY OF THE CITY OF LITTLE ROCK THAT THE HOUSING PROJECT, LOCATED AT 800 NAPA VALLEY ROAD WITHIN THE CITY OF LITTLE ROCK AND CREATED UNDER THE RESIDENTIAL ELDERLY HOUSING FACILITIES BOARD, SET ASIDE A II MINIMUM OF 20% OF ITS INDIVIDUAL UNITS FOR THE HOUSING OF LOW AND MODERATE INCOME INDIVIDUALS; i I II' ' with said Resolution being read and adopted upon motion of Mayor Hubbell, seconded by Director Bussey, and the following roll call vote: Ayes - Directors Keith, Langston,II, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. II� Introduced at this time was Ordinance No. 14,049, with the title being: 0 " AN'ORDINANCE APPROPRIATING $26,000.00 FROM THE 1977 CAPITAL IMPROVEMENT INTEREST i FUNDS FOR DRAINAGE IMPROVEMENTS IN THE RODNEY PARHAM AREA; AUTHORIZING A JOINT AGREE - I: MENT TO INCREASE THE CAPACITY OF AN EXISTING DRAINAGE STRUCTURE ON RODNEY PARHAM ROAD ;�! II AND FOR OTHER PURPOSES; and after the first reading of the Ordinance, there was a motion from Director Keith, j seconded by Director Weeks, to suspend the rules and place the ordinance on its second I reading. The motion was adopted by unanimous vote of the Board Members present, being II, seven in number and two - thirds or more of the members of the Board of Directors - elect; 1; and the Ordinance was then read the second time. A subsequent motion was made at this it ' time by Director Keith, again seconded by Director Weeks, for a further suspension of i ii,' j the rules to permit the third and final reading of the ordinance. The motion was I adopted by unanimous vote of the Board Members present, being seven in number and two - I thirds or more of the members of the Board of Directors- elect; and there was a third and final reading of the Ordinance. The ensuing roll call vote taken on the passage I' of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; I' Absent - None. Whereupon, the Ordinance was declared PASSED. I At this point in the meeting, Mayor Hubbell, Vice Mayor Bussey and Director Jones �! l) introduced a group of Members of the Assembly of Nigeria, who are visiting various governmental agencies in the United States. They were presented with Honorary Citizen Certificates and Keys to the City of Little Rock; and, Arkansas Traverler Awards from +j the State of Arkansas. Y ' A Public Hearing had been advertised and scheduled for this time and place re- garding improvements to Emergency Medical Services in Little Rock, based on the Public Ili in Utility Model. The public hearing was opened by Mayor Hubbell with a group attend -III ante to speak both for and against the public utility model. Mr. David J. Jones of j1 Channel 4 Television, who supports the public utility emergency medical service for I'' I `- I�I j 5,6 JUNE 2, 1981, Cont'd. Little Rock, introduced two special guests, Mr. Michael Olsen of Washington, D. C. and Mr. James Page of Los Angeles, California, both of whom have expertise in emergency medical service. Mr. Page, formerly a consultant for the "Emergency" television show, said the public utility model was "exemplary" and that city control of the equipment was essential to guarantee uninterrupted service. He referred to the absence of statutory authority to run an ambulance service as a public utility, stating that state law "needs to catch up with the public expectations." Others speaking for the public utility model were Mike Kumpuris, David Doernback and Dr. Steve Venable. Mr. David Lewis, Attorney for Medic -Vac Ambulance Service spoke in opposition to the public utility model. He told the Board, "we have a very professional team with a good spirit and there is no advantage to the public utility model." Mr. Lewis voiced strong oppo- sition to the city taking over private enterprise. Mr. Steve Lee, Vice President of Medic -vac advised that his company has seven full -time and two part -time paramedics, and will have four more; ten ambulances of which four are advanced life support vehicle and, the average response time in Little Rock is 7.7 minutes. At this time, Mayor Hubbell declared a five - minute recess. At 8:55 P. M. the Board of Directors reconvened in the Board Chamber with Mayor Hubbell presiding and all Board Members answering roll call. The public hearing continued and Mr. Larry Coulter of Arkansas Medical Transfer Service said his company had no quarrels with the need for advanced life support systems, but the prohibition of AMTS would stifle freedom of choice and free enter- prise. Mr. Charles Carpenter, another AMTS spokesman, said that granting an exclusive franchise for all medical - related transportation would be a disservice to the elderly and other disadvantaged people. Others speaking against the public utility model were: J. T. Cantrell, C. M. Dailey, Ed Rensch and Georganne Lewis. Mr. Larry Dent said he was both for and against the issue. In closing the public hearing, Mayor Hubbell commented that what he had heard from everyone was a need for emergency medical service, whether it be private or public. There were no further comments and considerll ation will be given to adoption of the public utility model and the creation of an ambulance board at a later date. Another public hearing had been scheduled for this time and place to discuss and consider the number of independent taxicabs required to meet public convenience and necessity in the City of Little Rock. Several persons were present on behalf of Mr. Tom Robinson, an independent taxicab operator who has requested a franchise to operate as a company. Mr. Larry Carpenter, Attorney stated that Mr. Robinson has installed a radio, but cannot operate 24 hours until he becomes a company; adding, "several mote. call Mr. Robinson for service." Upon question by Mayor Hubbell, Mr. Carpenter said the if allowed to form a company, Mr. Robinson will provide adequate insurance. Mr. Jim Hudson advised that he has received excellent service from Mr. Robinson stating that "he will advise if he can't get there, and he takes social service calls." Mr. Bob James, Attorney for Black and White Cab Company opened his remarks with: "what are we as a City, trying to do to improve service ?" He commented the companies offer 24 hour service, seven days a week, and asked that before consideration is given to additional cabs, that the City conduct an exhaustive study into the need. Upon question by Director Bussey, Mr. Melvin White, Director of General Service said no criteria had been established for additional cabs. Mayor Hubbell questioned whether Mr. Robinson has insurance, and Mr. White informed that he does have insurance on one cab, but reportedly operates four cabs. Mr. Mahlon Martin, City Manager stated, "what this I I JUNE 2, 1981, Cont'd. Board decides we will enforce. We have less cabs today than we did when we started. The issue before you is whether you want another company. The bulk amount of independ. ents cannot provide 24 hour service." It was Mr. Martin's opinion that when you create independent operators, you take drivers from the companies and simply shift the driver, Director Langston felt another company would be welcome, but additional independents would "put us out of business." He then stated there are two findings, "there is no need for additional independent taxicabs and this Board finds there is a need to allow Mr. Robinson to form a company." A motion then followed from Director Langston, secon ed by Director Jones, to "amend the taxicab ordinance to allow Mr. Robinson to form a company not to exceed eight taxicabs at the present time." The motion was unanimously adopted by the Board Members present, Mayor Hubbell declared the public hearing closed and Ordinance No. 14,050 was placed on first reading, with the title being: AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE 14,003 OF THE CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; (Re: Taxicab Companies) and there was a first reading of the Ordinance. A motion was then made by Director Shackelford which was seconded by Director Jones, 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 seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion made by Director Jones and seconded by Director Shackelford, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by 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; 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, resulting in the following vote:. Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was then announced that the Ordinance.had PASSED. Following the passage of Ordinance No. 14,050, Resolution No. 5,693 was presented containing the following title: A RESOLUTION REQUIRING ALL CAB COMPANIES WITHIN THE CITY OF LITTLE ROCK TO COMPLY WITH ALL LAWS REGULATING TAXICABS; and after a complete reading of the Resolution, a motion by Mayor Hubbell, seconded by Director Bussey, resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith - total 1; Absent - None. An Ordinance had been placed on the Agenda amending Section 23- 2(VII) and 23 -30 of Chapter 23 of the Little Rock Code of Ordinances (Motor Vehicles for Hire); And for other purposes. Mayor Hubbell announced that the proposed Ordinance would be deferred for two weeks; therefore, no action was taken. Ordinance No. 14,051 was introduced next, entitled: 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; and after the first reading of the Ordinance, Director Keith questioned the purpose for the $7.50 renewal fee for master electricians. City Manager Mahlon Martin was instructed to provide information at the next agenda session regarding the fee. 577 I'dlI ✓ 5i J JUNE 2, 1981, Cont'd. Director Shackelford moved, seconded by Director Jones, 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 then read the second time. A sub- sequent motion was made at this time by Director Jones, seconded by Director Bussey, for a further suspension of the rules to allow for the third and final reading of the I 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 there was a third and final reading of the Ordinance. The ensuing roll cal] vote taken on the passage of the Ordinance received the following response: Ayes - Directors Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - Director Keith - total 1; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to Ordinance No. 14,052 with the title being: 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; (Re: Air Conditioning Electricians) with the Ordinance being read the first time. A motion was made by Director Langston, seconded by Director Weeks, to suspend the rules and place the Ordinance on its second reading 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 again made by Director Langston, and again seconded by Director Weeks, to further suspend the rul and place the Ordinance on its third and final reading. The motion was adopted by a 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 taken on the passage of the Ordi- nance with the response being: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. There was presented Resolution No. 6,594, described as: A RESOLUTION AUTHORIZING CHANGES IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION PROGRAM AND AUTHORIZING THE ENVIRONMENTAL CODES UNIT TO REVISE THE HOUSING MAINTENANCE STANDARDS IN THE INTENSIFIED CODE ENFORCEMENT AREAS OF THE CDBG NEIGHBORHOODS; and the Resolution was read in its entirety. A motion was then made by Director Langston, seconded by Director Keith, which resulted in a roll call Vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks, �i Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; I� Absent - None. Ordinance No. 14,053 was next presented, entitled: AN ORDINANCE AMENDING SECTION 13- 13 -(c) OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK TO INCREASE THE READY TO SERVICE FEE FROM FIVE MILLS TO TEN MILLS ON CONTRACTS FOR FIRE SERVICE PROTECTION FOR BUSINESSES LOCATED OUTSIDE THE CITY LIMITS; 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 Directors Keith and Langston, JUNE 2, 1981, Cont'd. respectively, which was adopted by unanimous voice vote of the Board Members present, being seven in number and two - thirds or more of the members of the Board of Directors- ' I�III1I elect. The Ordinance was read the second time; after which there was a subsequent I` motion from Director Keith, again seconded by Director Langston, that the rules be suspended and the Ordinance be placed on its third and final reading. The motion was unanimously 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; and the ordi- nance 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, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Resolution No. 6,595 was introduced, with the title being: A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE STATE OF ARKANSAS FOR PROPERTY LOCATED AT 2000 THAYER STREET; AND FOR OTHER PURPOSES; and there was a complete reading of the Resolution. A motion then followed from Mayor IIII�I Hubbell, seconded by Director Bussey, which resulted in a roll call vote whereby the Ilj Resolution was adopted as follows: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The next presentation was Resolution No. 6,596, containing the following caption: A RESOLUTION APPOINTING MR. KENNETH J. BOWEN TO THE LITTLE ROCK ADVERTISING AND PROMOTION COMMISSION; AND FOR OTHER PURPOSES; (Term to expire May 4, 1985) and there was a full reading of the Resolution with an ensuing motion from Director Langston, seconded by Director Weeks, for adoption of the Resolution. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Resolution No. 6,597 was presented, entitled: Jones - total 7; Noes - None; Absent - None. The last Resolution to be presented was No. 6,598, described as: A RESOLUTION APPOINTING MS. EUNICE REED TO THE LITTLE ROCK HOUSING BOARD OF ADJUSTMENT AND APPEALS; AND FOR OTHER PURPOSES; (.Term ending August 1, 1985) and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Bussey, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. J A RESOLUTION APPOINTING DIRECTOR MYRA JONES TO THE AD HOC COMMITTEE OF THE PULASK COUNTY QUORUM COURT TO STUDY THE SALES TAX ISSUE; with said Resolution being read in full and thereafter adopted upon motion of Director Langston, seconded by Director Weeks, and the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. The last Resolution to be presented was No. 6,598, described as: A RESOLUTION APPOINTING MS. EUNICE REED TO THE LITTLE ROCK HOUSING BOARD OF ADJUSTMENT AND APPEALS; AND FOR OTHER PURPOSES; (.Term ending August 1, 1985) and there was a full reading of the Resolution, which was subsequently adopted upon motion of Director Bussey, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. J JUNE 2, 1981, Cont'd. "i There being no further business to be presented, it was moved by Mayor i Hubbell, seconded by Director Bussey, and unanimously carried that this meeting be recessed at 10:30 o'clock P. M. to reconvene on Wednesday, June 10, 1981 at 1:30 o'clock P. M. for the purpose of considering appointments to the Elderly Housing Facilities Board. ATTEST: *44(1 APPROVED: City Clerk Mayor I� L� L Board of Directors Chamber Little Rock, Arkansas June 10, 1981 - 1:30 P. M. The Board of Directors of the City of Little,Rock, Arkansas reconvened from the June 2, 1980 meeting with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Langston, Weeks, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared to be present and the meeting therefore, proceeded as herein recorded. To open the meeting, Mayor Hubbell advised that a discussion was needed in the matter of a problem in Municipal Court. In an investigation by the Pulaski County Grandy Jury, Municipal Traffic Judge William R. Butler was indicted Monday (June 8, 1981) on one felony charge that he kept more than $2,500 in traffic fines and bonds, four felony charges that he committed perjury before the Jury and a misdemeanor charge of tampering with public records by destroying traffic tickets. Prosecuting Attorney Wilbur C. (Dub) Bentley was invited by Mayor Hubbell to attend the Board Meeting to discuss what action could be taken, should the Board of Directors wish to encourage Judge Butler to take a leave of absence until charges have been resolved. He advised that this is the first time something like this has happened and he and City Attorney Jack Magruder had been unable to find statutory authority for the removal from office of a judge. A lengthy discussion followed in which Prosecuting Attorney Bentley noted that all the circuit judges in Pulaski County had disqualified themselves from handlin Judge Butler's criminal charges and that a special judge will have to be appointed. He further stated he was studying laws governing methods of removing a judge from office, but his studies were not complete; however, he suggested a meeting of himself, City Attorney Magruder and State Attorney General Steve Clark, to discuss the legal aspects of the situation. There was lengthy discussion among Board Members and in conclusion, Resolution No. 6,599 was presented, entitled: A RESOLUTION REQUESTING THE LITTLE ROCK MUNICIPAL COURT TRAFFIC DIVISION JUDGE, WILLIAM R. BUTLER, TO TAKE A TEMPORARY LEAVE OF ABSENCE UNTIL SUCH TIME AS THE CHARGES AGAINST HIM HAVE BEEN RESOLVED; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety; after which there was a motion by Mayor Hubbell, seconded by Director Jones, resulting in a roll call vote which adopted the Resolution as recorded herein: Ayes - Directors Langston, Shackelford, Mayor Hubbell and Director Jones - total 4; Noes - Directors Keith and Weeks - total 2; Not Voting - Director Bussey - total 1; Absent - None. Another matter to be considered was the appointment of five members to the City of Little Rock, Arkansas Elderly Housing Facilities Board pursuant to Act 142 of the Acts of Arkansas, 1975 and Section 3 of Ordinance No. 14,048, passed June 2, 1981. Mayor Hubbell read ten names submitted for consideration, with Board Members voting by written ballot. The following persons received four or more votes: Annie Cox, Diane Carroll, Gary Burris, James T. Dyke and Jerry Oates, and Resolution No. 6,600 was introduced with the title being: Cont'd. next page J JUNE 10, 1981, Cont'd. A RESOLUTION APPOINTING MEMBERS TO THE CITY OF LITTLE ROCK, ARKANSAS ELDERLY HOUSING FACILITIES BOARD PURSUANT TO THE PROVISIONS OF ACT NO. 142 OF THE ACTS OF ARKANSAS OF 1975, AS AMENDED; AND FOR OTHER PURPOSES; (Annie Cox - 1 yr. term; Diane Carroll - 2 yr. term; Gary Burris - 3 yr. term; James T. Dyke - 4 yr, term; and Jerry Oates - 5 yr. term) and there was a full reading of the Resolution; with an ensuing motion from Mayor Hubbell, seconded by Director Keith, for adoption of the Resolution. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith, Langston, weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. At 2 :30 o'clock P. M. the Board of Directors recessed to the Board of Directors Conference Room to discuss personnel matters. At 3:00 o'clock P. M. the Board of Directors reconvened in reconvened session with all Board Members answering roll call Mayor Hubbell announced that the position of administrative assistant to the Board of Directors had been eliminated and that some of the duties would be transferred to Mary Lynn Walker in the Complaints and Information Office. A 7.5% salary increase was also approved for City Manager Mahlon Martin. There being no further business to be presented, it was moved by Mayor Hubbell, seconded by Director Bussey, and unanimously carried that this meeting be adjourned at 3:05 P. M. and the Board meet again in regular session on Tuesday, June 16, 1981 at 7:30 o'clock P. M. ATTEST: (!,* V City Clerk s APPROVED: Mayor [ - I Board of Directors Chamber Little Rock, Arkansas June 16, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in regular session at 7:30 o'clock P. M. with Mayor Webb Hubbell presiding, and Jane Czech, City Clerk. Present at roll call were Directors Keith, Langston, Bussey and Jones - total Absent - Directors Weeks and Shackelford - total 2. A quorum being present, Mayor Hubbell declared the Board of Directors in session. The meeting was opened with the invocation given by Director Jones. Presented first was the Consent Agenda consisting of the following items: (a) The Minutes of the previous meeting held June 2, 1981 and the reconvened meeting held June 10, 1981. (b) Resolution No. 6,601, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE -YEAR EXTENSION OF THE CITY'S VEHICLE INSURANCE POLICY; AND FOR OTHER PURPOSES. (c'& d) Removed from the Consent Agenda and discusses after the various zoning petitions approved by the Planning Commission. (e) Motion setting the date for public hearing on July 7, 1981 to amend the map plan element and the text of the Master Street Plan to include the provision of a minor arterial from I -430 to Mabelvale West Road. (f) Motion setting date for public hearing on July 7, 1981 on Zoning Appeal Z -3686, from C. Randell Breece to rezone 3219 West Markham Street, from "R -2" Single - family to "R -5" Urban Residence District. (g) Resolution No. 6,602, with the title being: A RESOLUTION ACCEPTING THE DEDICATION OF LAND LOCATED ADJACENT TO THE EAST LITTLE ROCK COMMUNITY COMPLEX; AND FOR OTHER PURPOSES. (From Sidney Thom Family) (h) Resolution No. 6,603, containing the following title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH METROPLAN REGARDING THE USE OF URBAN RUNOFF STUDY FUNDS; AND FOR OTHER PURPOSES. (i) Resolution No. 6,604, described as: A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AN HCRS GRANT FOR FUNDS TO IMPROVE MacARTHUR PARK; AND FOR OTHER PURPOSES. (j) Resolution No. 6,605, containing the following heading: A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF LITTLE ROCK TO MATCH FEDERAL AID AND URBAN SYSTEM MONIES FOR THE I -430 AND SHACKLEFORD ROAD INTERCHANGE IMPROVEMENT PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT NECESSARY FOR THE PROJECT; AND FOR OTHER PURPOSES. The following five Resolutions were added to the Consent Agenda: (k) Resolution No. 6,606, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR TRAFFIC SIGNAL LAMPS; AND FOR OTHER PURPOSES. (1) Resolutions No. 6,607, 6,608, 6,609 and 6,610, did not contain titles, but bestowed honorary citizenship and a key to the City of Little Rock upon Engineer Nuno Krus Abecassis, of Lisbon, Portugal; Mayor Louis Urunuela ita Gonzalez of JUNE 16, 1981, Cont'd. and, Mayor E. Galvan of Madrid, Spain; by Mr. Nathaniel W. Hill, Director of Human Resources for the City of Little Rock, who is traveling to Portugal and Spain to represent the National Community Development Association. By motion of Director Keith, seconded by Director Bussey, 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 meetings were approved as written and summarized to the Board of Directors; (b) Resolution No. 6,601 was read in full and adopted by the follow- ing roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Weeks and Shackelford - total 2; (c & d) Removed from Consent Agenda and discussed in Zoning category; (e) Public Hearing set on July 7, 1981 on amendment to map plan element and text of the Master Street Plan to include the provision of a minor arterial from I -430 to Mabelvale West Road; (f) Public Hearing set on July 7, 1981 on Zoning Appeal to rezone 3219 West Mark- ham Street; and (g, h, i, j, k and 1) Resolutions No. 6,602, 6,603, 6,604, 6,605, 6,606, 6,608, 6,608, 6,609 and 6,610 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - .Directors Weeks and Shackelford - total 2. Director Shackelford was enrolled. The following Zoning Applications were considered next, as approved by the Planning Commission: Z- 3454 -A - From Bob Lowe for Rock Venture Partnership to rezone 19.6 acres at N/W corner of Highway 45 and Otter Creek Parkway, from "C -2" Shopping Center to "C -1" Neighborhood Commercial District. Z -3660 - From Ronnie Hall for Otter Creek Development Company to rezone 45 acres at S/E corner of I -30 and Mabelvale West Road, from "R -2" Single - family to "I -2" Light Industrial District. Z -3685 - From A. Dan Phillips for Seventh & Main Realty Company to rezone 22 acres on the south side of Missouri Pacific Railroad, just west of Mabelvale (long legal description), from "R -2" Single - family District to "I -2" Light Industrial District. Z -3689 - From Pat Morrison of Flake & Company for Mark Weedman, to rezone 20 acre: at 10101 West Markham Street (long legal description), from "R -2" Single- family to "0-2" Office and Institutional District.' Z -3698 - From Calvary Baptist Church to rezone 3 acres between Pierce and Fillmore Streets, north from Cantrell Road to the alley north of "R" Street, from "R -2" Single - family District to "0-1" Quiet Office District, with the South 25 feet of Block 11, Mountain Park Addition, to be zoned "Open Space." Z -3699 - From Buz Hooper for Hooper Bond Fund VIII and X, to rezone 8.5 acres at the southwest corner of Hinson Road and Hinson Loop Road, from "R -2" Single - family District to "0-3" General Office District. Z -3700 - From Attorney William L. Terry for John G. Harris and Robert H. Walker to rezone 10801 Mabelvale West Road, from "R -2" Single - family District to "I -2" Light Industrial District. I, Z -3702 - From Gary Houston for Joe T. Hirscheider to rezone 8701 Kanis Road, from "R -2" Single - family District to "C -3" General Commercial District. As there was no one present to speak in opposition to the reclassification Of the above- described properties, an Ordinance to reclassify same was placed on first reading (See Ordinance No. 14,054 as follows) 1 JUNE 16, 1981, Cont'd. Ordinance No. 14,054 was presented, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKA ' AMENDING SECTION 43 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 Keith, seconded by Director Langston, 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 ensued. A subsequent motion was made by Director Jones, seconded by Director Bussey, to again suspend the rules and place the Ordinance on third and final reading. The motion was unanimously adopt 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. There was a third and final reading of the Ordinance after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Bussey, I I I�IShackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Ill Director Weeks - total 1. Whereupon, the Ordinance was declared PASSED. The matter removed from the Consent Agenda designated A(c), setting a date for public hearing on July 7, 1981 to amend the Suburban Development Plan in the Mabelvale Area of Southwest Little Rock, was considered at this time. Attorney Charles Brown representing property owners in the area, and Mr. Don R. Venhaus, Consultant represent ing the Martin Family, both requested that this matter be remanded to the Planning Commission for further study. After brief discussion among Board Members, a motion was made by Director Jones, seconded by Director Langston, to return the matter to the Planning Commission for further study, and the public hearing date was not set. The other matter removed from the Consent Agenda and designated A(d) was discuss - ed at this time. It had been placed on the Agenda to set a public hearing on July 7, 1981 to amend the map and text of the Master Street Plan to include the provision of a minor arterial from Highway 300 south to the proposed Deltic Road; the inclusion of a principal arterial from Highway 10 south to the proposed West Belt; the down grading of the proposed West Belt from a principal arterial to a minor arterial. Director Jones who is a member of the Pulaski Area Transportation Study Commission, stated that the policy committee of PATS has not yet approved the portion of "the down grading of the proposed West Belt from a principal arterial to a minor arterial ", and moved that the map and text of the Master Street Plan be amended to delete that portion. The motion was seconded by Director Shackelford and carried by unanimous voice vote of th Board Members present. The public hearing on the remainder of the amendment to the Master Street Plan was then set for July 7, 1981 at 7:30 P. M. Mr. Randell Breece who filed a Zoning Appeal to reclassify property located at 3219 West Markham Street, from "R -2" Single - family District to "R -5" Urban District, presented a request asking that he be granted permission to continue the small amount of work left on the property above- mentioned. The Planning Commission denied the application on May 26, 1981, therefore a building permit could not be issued. The public hearing on the Zoning Appeal was set for July 7, 1981 (See Consent Agenda (f)). A discussion followed regarding possibilities for allowing the work to be done, pend- ing rezoning of the property. Director Keith asked Mr. Breece if the property is zone to allow the completion of construction, would he be willing to downzone the property to a non- conforming use. Mr. Breece was agreeable to the procedure. City Manager JUNE 16, 1981, Cont'd. Mahlon Martin cautioned against commitment to rezoning "tonight" since the hearing is set for July 7th. City Attorney Jack Magruder commented that this is an unorthodox method adding, "I would not urge you to do this often." After further discussion, Director Jones made a motion that "the City Manager be directed to grant a building permit to finish the construction work, subject to our rezoning the property." The I motion was seconded by Director Keith and unanimously adopted by voice vote of the Board Members present being six in number. Introduced next was Ordinance No. 14,055, containing the following caption: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT BARROW AND 34TH STREET, Z -3687, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Lots 11 and 12, Block 150, John Barrow Addition to the City of Little Rock, Pulaski County, Arkansas. The property is to be used for a duplex, and is zoned. "R -3 ". and there was a first reading of the Ordinance. A motion was then made by Director Keith which was seconded by Director Langston, 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 subsequently read the second time, resulting in a motion made by Director Keith and again seconded by Director Langston, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by voice 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, resulting in the following vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None Absent - Director Weeks - total 1. It.was then announced that the Ordinance had PASSED. The next presentation was Ordinance No. 14,056, with the title being: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT HINSON ROAD AT BECKENHAM, Z -3688, SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (For Fellowship Bible Church to construct a two -story building for use as a learning center and administrative offices for church related activities; to construct a multi - purpose worship building during the next two -year period in single - family "R -2" District.) with the Ordinance being read the first time. Mr. Richard E. Savage of 11330 Bainbridg( spoke in favor of the conditional use permit. The Subdivision Committee recommended approval of the plan which indicated: (1) provisions for all parking spaces, and (2) a 40 ft. landscaped area along the southern boundary of the site which abuts Hillsborough Subdivision. The Engineering Department reported that this proposal will not add water to the ditch which runs behind the homes on Beckenham Drive because the runoff will be carried over a new route to the drainage structure under Hinson Road. on June 9, 1981, the Planning Commission voted in agreement with the Subdivision Committee's recommendation for approval of the application. Mr. Jack Majewski of 13410 Beckenham Drive spoke in opposition to the proposal. He cited three reasons to delay the matter: (1) drainage, (2) parking, and (3) landscaping. A motion was then made by Director Keith, seconded by Director Langston, to suspend the rules and place the Ordi- nance on its second 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. J II JUNE 16, 1981, Cont'd. III There was a second reading of the Ordinance, after which there was a subsequent motion j again made by Director Keith, and seconded by Director Langston, to further suspend the' ' rules and place the Ordinance on its third and final reading. The motion was adopted i i by a unanimous vote of the Board Members present, being six in number and two- thirds i or more of the members of the Board of Directors - elect. The Ordinance was then read I i the third and last time, followed by an Aye and No Vote taken on the passage of the i Ordinance with the response being: Ayes - Directors Keith, Langston, Bussey, Shackel- i ford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Weeks.- total 1. Therefore, the Ordinance was declared PASSED. II A proposed Ordinance was the next presentation, containing the following heading: AN ORDINANCE PROVIDING FOR A 24 -HOUR WAITING PERIOD BETWEEN THE SALE AND DELIVERY OF HANDGUNS FROM MANUFACTURERS OR DEALERS TO PERSONS WITHIN THE CITY OF LITTLE ROCK, li ARKANSAS; PRESCRIBING OTHER MATTERS RELATED THERETO; AND DECLARING AN EMERGENCY; AND I; i FOR OTHER PURPOSES; which Ordinance was read the first time. A lengthy discussion developed in which Mr. John Wallis spoke in strong opposition to the proposed Ordinance. He addressed three points: (1) Is it an issue, (2) Ordinances of this kind have not been effective) I and (3) Is it worth the cost and can it be enforced? Mayor Hubbell responded by say- ing the Ordinance could be enforced on a complaint basis, much as other laws are ++, enforced; further commenting that dealers might be liable for crimes committed with a ! ±I' !� I handgun that they sold in violation of the measure. Mr. Thomas M. Draper, a gun dealer] also spoke in opposition to the Ordinance. He said that his least expensive handguns j sell for about $70.00, "and it just doesn't make much sense that someone would pay than!!! I much for a gun to go out and rob a 7- Eleven." He also contended that suicides "areI' not something that you do on the spur of the moment." In a discussion among Board Members, Director Bussey suggested that the 24 -hour period be used for background ViIi' checks of potential purchasers. At this point, Director Langston noted that federal laws prohibit convicted felons from buying handguns. Director Jones' problem with (' the Ordinance was that it penalizes businessmen and does not provide a solution to the j matter. Director Shackelford questioned the potential impact of the Ordinance, but ,I felt something should be done and said she would support anything on a long -range 1I' it basis that will curtail crime. Director Keith stated that unless a program has some f method of funding, he would vote against it; adding, "this does not." Mayor Hubbell read a letter from a woman whose son had purchased a weapon and killed himself on the I same day. He said if the Ordinance stopped one such suicide it was worth the effort. He further stated that other cities and the state might follow Little Rock's example, and urged the Directors to "take the lead, take the initiative." There was no furtheril� discussion and Director Jones made a motion to amend the Ordinance to provide, "when �'1l North Little Rock passes a 24 -hour waiting period on purchase of handguns that this � I!' Ordinance shall become effective; and that provisions be waived during the gun show." (I The motion was seconded by Director Langston. A substitute motion then followed from Director Keith, seconded by Director Shackelford, that "when the 24 -hour waiting perio for purchase of handguns becomes County -wide, the Little Rock Ordinance will go into / - effect." A roll call was taken on the motion with the outcome being: Ayes - Director�I� Keith, Langston, Shackelford and Jones - total 4; Noes - Mayor Hubbell and Director Bussey - total 2; Absent - Director Weeks - total 1. With the adoption of the motion l a subsequent motion was made by Director Langston, seconded by Director Keith, that I� the rules be suspended and the Ordinance, as amended, be placed on second reading, fi I JUNE 16, 1981, Cont'd. which motion was unanimously adopted by members of the Board of Directors present, lbeing six in number and two- thirds or more of the members of the Board of Directors- i elect. The ensuing second reading of the Ordinance, as amended, was followed°by'"a:- motion for a further suspension of the rules to place the Ordinance, as amended, on j third and final reading; with the motion being made by Director Keith, seconded by lDirector Langston, 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, as amended, resulted in an Aye and No Vote being taken on the question, Shall the Ordinance Pass, which is recorded l I as follows: Ayes - Director Shackelford, Mayor Hubbell and Director Jones - total 3; Noes - Directors Keith, Langston and Bussey - total 3; Absent - Director Weeks - I, total 1. Whereupon, the Ordinance, as amended,- FAILED TO PASS. At this time, Mayor Hubbell declared a fifteen minute recess. At 9:10 o'clock P. M. the Board of Directors reconvened in the Board Chamber with jl Mayor Hubbell presiding and the Board Members answering roll call with Directors Weeks and Bussey being absent. The next presentation was the Petition from Lyman Lamb Lumber Company requesting II the vacating and closing of that portion of Monroe Street between Brack Avenue and the alley that fronts upon Lots 3, 4, 5, Block 23 and Lots 1, 2, 3, 4 & 5, Block 24, ii C. 0. Brack's Addition to the City of Little Rock, as approved by the Planning Commission. Attached to the Petition was a certification from Standard Abstract & i Title Company of last apparent owners of record whose property abuts said street. ii Also, attached to the Petition was a copy of the plat of C. 0. Brack's Addition on record in the Pulaski County Circuit Clerk's Office. A Public Hearing had been I scheduled for this time and place by Resolution No. 6,586, with notice thereof having been duly published on June 5, 1981 and June 12, 1981 as required by Law. Mayor Hubbell then declared the Public Hearing open. However, there was no one present to j address to the issue, and the Public Hearing was declared closed and an Ordinance to I C ,j close the above - described street was placed on first reading. . (See Ordinance No. 14,057 as follows) Introduced at this time was Ordinance No. 14,057, described as: i AN ORDINANCE VACATING AND CLOSING SOUTH MONROE STREET NORTH FROM BRACK AVENUE I I i� BETWEEN BLOCKS 23 & 24, C. 0. BRACK'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; said Ordinance was read the first time; after which there was a motion by Director I I I Langston, seconded by Director Keith, that the rules be suspended and the Ordinance be I 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. Upon second reading of the Ordinance, a motion was agaij i made to 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 Langston, and adopted by unanimous vote of the members of the Board of Directors prese , 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 taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Weeks and Bussey - total 2 The Ordinance was then declared PASSED. i 1 JUNE 16, 1981, Cont'd. A Public Hearing had been scheduled for this time and place by Resolution No. 6,587, to hear arguments on the Petition from Pleasant Ridge Development Company, to vacate an undedicated street called "Jay Road" between Cantrell Road (Highway #10) and the south line of the NW; of Section 21, T -2 -N, R -13 -W, Pulaski County, now in the City of Little Rock, as approved by the Planning Commission. Attached to the petition was a letter from Pulaski County Title Company certifying that the Pleasant Ridge Development Company is the last apparent owner of abutting property. As Notice of Hearing had been duly published on June 5, 1981 and June 12, 1981, as required by Law, Mayor Hubbell declared the Public Hearing open. There was no one present to address t] issue and the Public Hearing was declared closed, and the Ordinance was placed on firs - reading to vacate the above -named street. (See Ordinance No. 14,058 below) Ordinance No. 14,058 was presented, entitled: AN ORDINANCE VACATING AND CLOSING A PORTION OF JAY ROAD RUNNING SOUTH OFF CANTRELL ROAD (STATE HIGHWAY NO. 10) IN THE NW 1/4, SECTION 21, T -2 -N, R -13 -W, PULASKI COUNTY, NOW IN THE CITY OF LITTLE ROCK, ARKANSAS; with the Ordinance being read the first time, followed by a motion from Director Langston 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 members of the Boax 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 Langston, 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 Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Weeks and Bussey - total 2. It was announced that the Ordinance had PASSED. j A Public Hearing had been advertised and scheduled for this time and place, on the question of the adoption of a Resolution authorizing the approval of a Memorandum i of Intent to issue approximately $8,000,000 Snider Corporation Revenue Bonds. Mayor Hubbell declared the public hearing open and when no one appeared to speak, he declared the public hearing closed and Resolution No. 6,611 was presented, with the title being:',` A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLER ROCK, ARKANSAS, AND SNIDER CORPORATION PERTAINING TO THE ISSUANCE OF REVENUE BONDS FORM FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING HOTEL AND RELATED FACILITIES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; with said Resolution being read in full and thereafter adopted upon motion of Directors Keith, seconded by Director Langston, and the following roll call vote: Ayes - I Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; j Noes - None; Absent - Directors Weeks and Bussey - total 2. The next matter to be presented was Ordinance No. 14,059, containing the following title: I AN ORDINANCE APPROPRIATING $80,000.00 FROM THE 1977 CAPITAL IMPROVEMENT INTEREST FUNDS FOR THE CITY'S SHARE OF THE COST OF A STREET DRAINAGE PROJECT IN THE 20TH AND SCHILLER STREETS AREA; AND FOR OTHER PURPOSES; I, and there was a first reading of the Ordinance. A motion was then made by Director 0' Keith which was seconded by Director Langston, that the rules be suspended and the J JUNE 16, 1981, Cont'd. l Ordinance be placed on second reading; with the motion being 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 Ordinance was subsequently read i } the second time, resulting in a motion made by Director Keith and seconded by Director Shackelford, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by voice 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; with the outcome being a third and last reading of the Ordinance. There was an Aye and No Vote taken on the question, II Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors Weeks and Bussey - total 2. Whereupon, the'Ordinance was declared PASSED. Director Bussey was re- enrolled. There was presented Resolution No. 6,612, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO EXECUTIVE MANAGEMENT SERVICES, INC.; AND.FOR OTHER PURPOSES; (For Pay Plan and Classification Study) and the Resolution was read in its entirety. A motion was then made by Mayor Hubbell, seconded by Director Langston, which resulted in a roll call vote whereby the Resoluti was adopted as,herein recorded: Ayes-- Directors Keith (reluctant), Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Weeks - total 1. Introduced next was Ordinance No. 14,060, described as: AN ORDINANCE APPROPRIATING $635,000.00 FROM THE 1977 CAPITAL IMPROVEMENT FUND AND INTEREST EARNED ON THAT FUND FOR CONSTRUCTION OF RIVERFRONT PARK; AUTHORIZING AN ADVANCE OF UP TO $300,000.00 FROM THE 1977 CAPITAL IMPROVEMENT FUND TO DEFRAY CONSTRUCT ION COSTS UNTIL FEDERAL FUNDS ARE RECEIVED; AUTHORIZING THE EXPENDITURE OF $1,000,000.0 IN FEDERAL FUNDS FOR RIVERFRONT PARK; AND FOR OTHER PURPOSES; which Ordinance was read the first time. The rules were then suspended and the Ordinan � placed on its second reading by a motion from Director Bussey and Mayor Hubbell, respectively, which was adopted by unanimous voice 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; after which there wa a subsequent 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 unanimously adopted by voice 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 Ordi- nance was then read the third and last time. The resulting Aye and No Vote taken on II the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - !' None; Absent - Director weeks - total 1. The ordinance was then declared PASSED. Ordinance No. 14,061 was the next presentation, with the title being: Ij AN ORDINANCE ESTABLISHING ADMISSION FEES FOR THE ZOO OF ARKANSAS; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. Ms. Suzanne Monroe who is a member of Friends of the Zoo spoke to the Board of Directors totally supporting an admission fee. 1 1 JUNE 16, 1981, Coht'd. The Ordinance establishes $1.00 for persons over 13 years of age, and 50C for children over 1 year; no admission fee for children under one year; no fee for scheduled groups his proposal that Friends of the Zoo be allowed to operate an arcade of electric games at the Zoo to raise money, which did not receive support. A motion was made by Director Langston, seconded by Director Keith, that the Ordinance be amended to state, "on November 15, 1982 it shall be mandatory that a review of the necessity, amount of revenue produced, and implementation of the provisions of this Ordinance be conducted. The motion was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Bussey - total 1; Absent - Director Weeks - total 1. With the amendment to the Ordinance having been adopted, a subsequent motion followed from Director Keith, seconded by Director Jones, to suspend the rules and place the Ordinance, as amended, on second reading. The motion was adopted by a roll call vote of: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Bussey - total 1; Absent - Director Weeks - total 1. The Ordinance, as amended, was then read the second time with a motion again made by Director Keith, seconded by Director Jones, that the rules again be suspended to provide for further suspension of the rules for third reading. A roll call was taken on the motion which was adopted by the following vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Bussey - total 1; Absent - Director Weeks - total 1. There was a third and final reading of the Ordinance, as amended, after which an Aye and No Vote was taken on the passage of the Ordinance, as amended, with the response being: Ayes - Directors Keith, Langston, Shackelford and Jones - total 4; Noes - Director Bussey and Mayor Hubbell - total 2; Absent - Director Weeks - total 1. Whereupon, the Ordinance, as amended, was declared PASSED. Resolution No. 6,613 was considered at this time, entitled: A RESOLUTION DIRECTING STAFF TO PREPARE A REPORT ON A RESIDENTIAL IDENTIFICATION CARD FOR USE BY RESIDENTS OF THE CITY OF LITTLE ROCK AT CITY RECREATIONAL FACILITIES AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was subsequently adopted upon motion of Mayor Hubbell, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Bussey - total 1; Absent - Director Weeks - total 1 There was presented Resolution No. 6,614, with the title being: A RESOLUTION ACCEPTING THE REPORT OF THE EMERGENCY MEDICAL SERVICES TECHNICAL ADVISORY COMMITTEE, COMMENDING THE COMMITTEE MEMBERS FOR THEIR WORK IN THE PUBLIC INTEREST TOWARD IMPROVED CLINICAL PERFORMANCE, RESPONSE TIME PERFORMANCE, STABILITY, AND GREATER PUBLIC ACCOUNTABILITY OF AMBULANCE SERVICE, AND DIRECTING THAT IMPLEMENT- ATION OF THE FIRST PHASE OF THE COMMITTEE'S RECOMMENDATIONS COMMENCE; AND FOR OTHER I II II� PURPOSES; 1 and the Resolution was read in its entirety. Mr. Ralph Brodie, a member of the Emergency Medical Services Technical Advisory Committee briefly summarized provisions of the Resolution, and companion Ordinance creating the Emergency Medical Health Care Facilities Board. The method of appointments to the Board was discussed and it was agreed that all appointments to vacancies on this Board should be approved by the J from educational institutions located in the City of Little Rock; no fee on Mondays; ' fllilil 141p1 and no fee from November 15 to February 15 of each year. Director Bussey repeated his proposal that Friends of the Zoo be allowed to operate an arcade of electric games at the Zoo to raise money, which did not receive support. A motion was made by Director Langston, seconded by Director Keith, that the Ordinance be amended to state, "on November 15, 1982 it shall be mandatory that a review of the necessity, amount of revenue produced, and implementation of the provisions of this Ordinance be conducted. The motion was adopted by the following roll call vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Bussey - total 1; Absent - Director Weeks - total 1. With the amendment to the Ordinance having been adopted, a subsequent motion followed from Director Keith, seconded by Director Jones, to suspend the rules and place the Ordinance, as amended, on second reading. The motion was adopted by a roll call vote of: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Bussey - total 1; Absent - Director Weeks - total 1. The Ordinance, as amended, was then read the second time with a motion again made by Director Keith, seconded by Director Jones, that the rules again be suspended to provide for further suspension of the rules for third reading. A roll call was taken on the motion which was adopted by the following vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Bussey - total 1; Absent - Director Weeks - total 1. There was a third and final reading of the Ordinance, as amended, after which an Aye and No Vote was taken on the passage of the Ordinance, as amended, with the response being: Ayes - Directors Keith, Langston, Shackelford and Jones - total 4; Noes - Director Bussey and Mayor Hubbell - total 2; Absent - Director Weeks - total 1. Whereupon, the Ordinance, as amended, was declared PASSED. Resolution No. 6,613 was considered at this time, entitled: A RESOLUTION DIRECTING STAFF TO PREPARE A REPORT ON A RESIDENTIAL IDENTIFICATION CARD FOR USE BY RESIDENTS OF THE CITY OF LITTLE ROCK AT CITY RECREATIONAL FACILITIES AND FOR OTHER PURPOSES; and there was a full reading of the Resolution, which was subsequently adopted upon motion of Mayor Hubbell, seconded by Director Keith, and by the following roll call vote: Ayes - Directors Keith, Langston, Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Bussey - total 1; Absent - Director Weeks - total 1 There was presented Resolution No. 6,614, with the title being: A RESOLUTION ACCEPTING THE REPORT OF THE EMERGENCY MEDICAL SERVICES TECHNICAL ADVISORY COMMITTEE, COMMENDING THE COMMITTEE MEMBERS FOR THEIR WORK IN THE PUBLIC INTEREST TOWARD IMPROVED CLINICAL PERFORMANCE, RESPONSE TIME PERFORMANCE, STABILITY, AND GREATER PUBLIC ACCOUNTABILITY OF AMBULANCE SERVICE, AND DIRECTING THAT IMPLEMENT- ATION OF THE FIRST PHASE OF THE COMMITTEE'S RECOMMENDATIONS COMMENCE; AND FOR OTHER I II II� PURPOSES; 1 and the Resolution was read in its entirety. Mr. Ralph Brodie, a member of the Emergency Medical Services Technical Advisory Committee briefly summarized provisions of the Resolution, and companion Ordinance creating the Emergency Medical Health Care Facilities Board. The method of appointments to the Board was discussed and it was agreed that all appointments to vacancies on this Board should be approved by the J JUNE lb, 1981, Cont'd. City Directors. Mr. David Lewis, Attorney for the Medic -Vac Ambulance Service was opposed to the public utility model because "it requires the seizure of our assets." However, he supported the aims. He was concerned that Medic -Vac had no input into the committee meetings. Mayor Hubbell requested comments from Directors Jones and Langston who serve on the Advisory Committee. Director Jones wholeheartedly recommended the adoption of both the Resolution and Ordinance, stating the purpose is to insure the citizens of uninterruptable service. Director Langston also recommended adoption of the Resolution and Ordinance. A motion was then made by Director Bussey and seconded by Director Jones, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Weeks - total 1. Introduced at this time was Ordinance No. 14,062, with the title being: AN ORDINANCE CREATING THE CITY OF LITTLE ROCK EMERGENCY MEDICAL HEALTH CARE FACILITIES BOARD PURSUANT TO THE PROVISIONS OF ACT NO. 142 OF THE ACTS OF ARKANSAS OF 1975; APPOINTING THE INITIAL MEMBERS THEREOF; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; with there being a first reading of the Ordinance. Director Jones made a motion, seconded by Mayor Hubbell, that Section 2 of the ordinance be amended to provide that, "the Ambulance Authority shall, prior to the appointment of each said successor or successors, submit a letter to the Board of Directors of the City of Little Rock, listing the name and occupation of each proposed successor member for review and /or comment by the Board of Directors of the City of Little Rock." The motion was un- animously adopted by the Board Members present. There being no further discussion, the rules were then suspended and the Ordinance placed on its second reading, by a motion from Director,Keith, 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, as amended, after which there was a subsequent motion made by Director Keith, again 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 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 on the passage of the Ordinance with the response being: Ayes - Directors - Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Weeks - total 1. The Emergency Clause contained in Section 12 of the foregoing Ordinance was read and adopted by the following vote: Ayes - Directors Keith, Langston, Bussey, Shackel- ford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Weeks - total 1. It was then announced by Mayor Hubbell that the Ordinance, as amende( together with the Emergency Section had PASSED. Ordinance No. 14,063 was presented, entitled: AN ORDINANCE AMENDING SECTION 2.G. OF THE CONTRACT CONTAINED IN SECTION 1-OF ORDINANCE NO. 13,790 TO REDEFINE "CABLE TELEVISION SYSTEM "; AND FOR OTHER PURPOSES; and after a first reading of the Ordinance, there was a motion by Director Bussey, seconded by Director Jones, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by members of the Board of Directors C JUNE 16, 1981, Cont'd. 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 made by Director Bussey to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Shackelford, and a by unanimous vote of the members of the Board of Directors present, being six in and two- thirds or more of the members of the Board of Directors - elect. There was a third and final reading of the ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Langston, Bus Shackelford, Mayor Hubbell and Director Jones - total 5; Noes - Director Keith - total 1; Absent - Director Weeks - total 1. Therefore, the Ordinance was declared PASSED. The next matter to be considered was Ordinance No. 14,064, containing the following caption: AN ORDINANCE CONDEMNING CERTAIN BUILDINGS IN THE CITY OF LITTLE ROCK AS STRUCTURA FIRE AND HEALTH HAZARDS; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSA the Ordinance placed on its second reading by a motion from Directors Bussey and Jones respectively, which was adopted by unanimous voice 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 again made by Director Bussey, 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 voice 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 TO RAZE AND DEMOLISH SAID BUILDINGS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A motion was then made by Director Bussey which was seconded by Director Jones, 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 subsequently read the second time, resulting in a motion made by Director Bussey and again seconded by Director Jones, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by voice 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, resulting in the following vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Weeks - total 1. The Emergency Section contained in Section 7 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent Director Weeks - total 1. Mayor Hubbell then announced that the Ordinance, together with the Emergency Section, had PASSED. Presented at this time was Ordinance No. 14,065, with the title being: AN ORDINANCE AMENDING SECTIONS 23- 2(VII) AND 23 -30 OF CHAPTER 23 OF THE LITTLE ROCK CODE OF ORDINANCES (MOTOR VEHICLES FOR HIRE); AND FOR OTHER PURPOSES; (Giving Airport Commission control over the taxicabs that serve Adams Field) it 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 from Directors Bussey and Jones respectively, which was adopted by unanimous voice 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 again made by Director Bussey, 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 voice 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 JUNE 16, 1981, Cont'd. 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, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Weeks - total 1. Therefore, the Ordinance was declared PASSED. The last Ordinance to be considered was No. 14,066, entitled: AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE NO. 13,844 TO REFLECT THE ANNUAL SALARY OF THE CITY MANAGER; AND FOR OTHER PURPOSES; (Increased to $46,255) and the Ordinance was read the first time. There was a motion made at this time by Mayor Hubbell, 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 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 made by Director Bussey, again seconded by Director Shackelford, 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 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 Ordinance Pass, with the vote being recorded herein as follows: Ayes - Directors Keith, Langston, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Weeks - total 1. The Ordinance was then declared PASSED. Under "J" Citizen Communications, Mrs. Lillian A. Yoder of 11209 Mona Lane, Little Rock, was the only person to speak. She complained about operations at the Little Rock Landfill and there was no further discussion. There being no further business to be presented, it was moved by Director Keith, seconded by Director Langston, and unanimously carried that the meeting be recessed at 10:25 o'clock P. M. to reconvene on Wednesday, July 1, 1981 at 1:30 o'clock P. M. for the purpose of considering appointments to Boards and Commissions. ATTEST: APPROVED:�� City Clerk Mayor * * * * * * * * * * * * Board of Directors Chamber Little Rock, Arkansas 1 11111 July 1, 1981 - 2:15 P. M. The Board of Directors of the City of Little Rock, Arkansas reconvened from the June 16, 1981 regular meeting with Mayor Hubbell presiding and Jane Czech, City Clerk and the following Directors present: Directors Keith, Langston, Weeks and Shackelford - total 4; Absent - Directors Bussey and Jones - total 2. With a quorum being present, Mayor Hubbell declared the Board of Directors in session. Mayor Hubbell announced that the purpose of the reconvened meeting was to make appointments to certain Boards and Commissions. Resolution No. 6,615 was presented, entitled: A RESOLUTION MAKING APPOINTMENTS TO THE ARKANSAS ARTS CENTER BOARD, BUILDING CODE BOARD OF APPEALS, ELECTRICAL EXAMINING BOARD AND HISTORIC DISTRICT COMMISSION; AND FOR OTHER PURPOSES; (Arts Center - Morris Shepherd Arnold, Henry J. Mariani, C. E. Goodman, Thomas McLarty, III, W. Christopher Barrier, Douglas W. Jackson, Mrs. Bronson Van Wyck, Ronald G. Kuerner, Benjamin L. McGee, Ms. Marcelline Giroir, Barrett Hamilton, C. Barnett Grace, Robert C. Hickman, Dr. Martin Eisele, Juan Massey, Mrs. Carl S. Whillock, and Wayne Cranford) (Building Code Board of Appeals - W. M. Harman, Robert Hooks and Bill J. Miller) (Electrical Examining Board - Edward Smith) (Historic District Commission - Mrs. Elizabeth Foti and Samuel Strauss, Jr.) and there was a full reading of the Resolution with an ensuing motion from Mayor ' Hubbell, seconded by Director Langston, for adoption of the Resolution. A roll call was taken which resulted in adoption of the Resolution by the following vote: Ayes - Directors Keith, Langston, Weeks, Shackelford and Mayor Hubbell - total 5; Noes - None; Absent - Directors Bussey and Jones - total 2. The other Resolution, No. 6,616, to be considered contained the following title: A RESOLUTION MAKING REAPPOINTMENTS TO THE LITTLE ROCK SIGN BOARD OF REVIEW; AND FOR OTHER PURPOSES; (Thomas R. Adams, Cinde L. Bauer and Richard E. Savage) and a complete reading of the Resolution followed. There was a motion then made by Director Shackelford, seconded by Mayor Hubbell, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Langston, Weeks, Shackelford and Mayor Hubbell - total 4; Noes - None; Abstaining - Director Keith - total 1; Absent - Directors Bussey and Jones - total 2. There being no further business to be presented, it was moved by Mayor Hubbell, seconded by Director Shackelford, and unanimously carried that this meeting be adjourned at 2:30 P. M. and the Board convene again in regular session on Tuesday, July 7, 1981 at 7:30 o'clock P. M. ATTEST. City Clerk APPROVED: � wlo�x Mayo Board of Directors Chamber Little Rock, Arkansas July 7, 1981 - 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in regular sess with Mayor Hubbell presiding and Jane Czech, City Clerk, and the following Directors were present: Directors Keith, Langston, Weeks, Bussey, Shackelford and Jones - total 6; Absent - None. A quorum was declared to be present and the meeting therefore, proceeded as herein recorded. The Invocation was given by Mayor Hubbell. Presented first from the Official Agenda were the Consent Items, described as follows: (a) The Minutes of the previous meeting held June 16, 1981 and the reconvened meeting held July 1, 1981. (b) The Comparative Statement of Income Account of the Little Rock Municipal Water Works for the month of May, 1981. (c) The 1980 Annual Report of the Little Rock Wastewater Utility. (d) The Central Arkansas Library System Financial Report ending December 31, 1980. (e) Resolution No. 6,617, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD CONTRACTS FOR TIRES, TUBES AND BALANCING, FOR ASPHALTIC MATERIAL, AND FOR REPAIR OF A SCRAPER USED AT THE LANDFILL; AND FOR -OTHER PURPOSES. (.f) Resolution No. 6,618, with the title being: A RESOLUTION AUTHORIZING THE CONVEYANCE BY THE CITY OF LITTLE ROCK, ARKANSAS OF CERTAIN REAL PROPERTY SITUATED IN PULASKI COUNTY, ARKANSAS TO JIMMY RANDALL NEWELL. (Water Works Property at 1600 Gaines Street) (q). Resolution No. 6,619, described as: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE LLEY IN BLOCK 8, ELMHURST ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. �7- ai -Frl� (h) Resolution No. 6,620, containing the following title: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE I ALLEY IN BLOCK 8, RUEBEL & LEYMER'S ADDITION TO THE CITY OF LITTLE ROCK, % �I ARKANSAS. 7' j I (i) Resolution No. 6,621, entitled: I� A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE 34TH STREET BETWEEN TAYLOR AND POLK STREETS, IN RUEEBEL AND LEYMER'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS. (7- By motion of Director Keith, seconded by Director Langston, with all Board Members present voting Aye, the Consent Items were dispensed with as follows: (a) The Minute 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) The Annual Report of the Wastewater Utility was received and filed; (d) The Financial Report of the Central Arkansas Library System was received and filed; and (e, f, g, h and i) Resolutions No. 6,617, 6,618, 6,619, 6,620 and 6,621 were read in full and adopted by unanimous roll call vote of the Board of Directors present. 1 ' JULY 7, 1981, Cont'd. At this point in the meeting (7:40 P. M.), Mayor Hubbell advised the Board Membersllll that appointments to Boards and Commissions needed to be considered. Appointments are routinely placed on the agenda as the last matter to be voted on. However, Mayor IlI(I' Hubbell explained it was necessary for one or two Directors to be excused before reach -1 ing that item on the agenda. A motion followed from Director Bussey, seconded by I Director Weeks that the Board of Directors recess into executive session to discuss appointments to Boards and Commissions. The motion was unanimously adopted by the i 1. Board Members present. At 8:51 P. M. the Board of Directors reconvened in the Board Chamber with Mayor II' Hubbell presiding and all Board Members answering roll call. III' it Resolution No. 6,622 was then presented, entitled: A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK PORT AUTHORITY; AND FOR OTHER PURPOSES; (Appointing Mrs. Norman Farris to fill unexpired term of Norman Farris, deceased) III and the Resolution was read in its entirety. A motion was then made by Director +Il Keith, seconded by Mayor Hubbell, which resulted in a roll call vote whereby the llil Resolution was adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks, I! III Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Y it Absent - None. Resolution No. 6,623 was the next presentation, with the title being: i Il A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK PORT AUTHORITY; AND FOR l (I, OTHER PURPOSES; (Appointing Colonel Charles L. Steel to a five -year term ending July 6, 1986) III and there was a complete reading of the Resolution. A motion then followed from A. Director Langston, seconded by Director Weeks, which resulted in a roll call vote I whereby the Resolution was adopted as follows: Ayes - Directors Keith, Langston, it Weeks, Bussey, Shackelford and Jones - total 6; Noes - Mayor Hubbell - total 1; ill Absent - None. Introduced at this time was Resolution No. 6,624, described as: �l A RESOLUTION MAKING AN APPOINTMENT TO THE LITTLE ROCK SAFETY COMMISSION; AND it FOR OTHER PURPOSES; I (_Appointing Mr. William W. Honeycutt to a 3 -year term ending January 1, 1984) Ill with said Resolution being read in full and thereafter adopted upon motion of Director, Weeks, seconded by Director Langston, and the following roll call vote: Ayes - lil I, Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Ij I The next presentation was Ordinance No. 14,067, containing the following caption:) AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICTIi TITLED WOODLAND HILLS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 -2 OF III THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK AND FOR OTHER PURPOSES; (Located on Mara Lynn Road at a point 1/4 mile east of Napa Valley Drive) ,i and the Ordinance was read the first time. Mr. Danny Thomas, the developer, was present and upon question by Director Jones, advised that the residential units will �II contain 1,400 square feet of heated and cooled space with 1,800 square feet under roof; that the lot width is 70' x 120'; and, that single - family units will abut the III single - family residences in Pleasantree. A motion was then made by Director Keith it I which was seconded by Director Bussey, that the rules be suspended and the Ordinance r' be placed on second reading; with the motion being unanimously adopted by members of �I I _ JULY 7, 1981, Cont'd. the Board of Directors present, being seven in number and two - thirds or more of th:econill members of the Board of Directors - elect. The Ordinance was subsequently read the d time, resulting in a motion made by Director Shackelford and seconded by Director Keithl for a further suspension.of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by voice vote of the members of the Board of Directors present, being seven in number and two- thirds or more of the members of thI Board of Directors - elect; with the outcome being a third and last reading of the Ordi- nance. There was an Aye and No Vote taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. A proposed Ordinance was presented, with the title being: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PRD DISTRICT TITLED FOUNTAIN SQUARE 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; (Located near the northeast intersection of Rocky Valley and Imperial Valley Drives) with there being a first reading of the Ordinance. Mr. Ralph Bozeman, architect, presented slides and sketches of the proposed condominium development consisting of 11.27 acres, presently zoned "R -2" Single - family District. Mr. Bozeman explained that the development consists of 48 lots, but only 42 are "buildable." The plan calls for 45 condominium units with 80% to be one- story. In making the presentation, Mr. Bozeman proposed to leave a 30 -foot undisturbed forest area on the westernmost property line; to construct a brick wall on the westernmost line and extend it along the southern line past the entrance; and, to provide a 15 -foot landscaped buffer along the Charles Taylor property. Speaking to traffic that would be generated by the development, he stated the average count for single - family detached units is 10 trips per day, while the average count for condominiums is only 5.1 trips per day. A large group of property owners in Pleasant Valley were present to oppose the development. Dr. Roy Melton said his problem is density and "what's fair is that a density similar to Pleasant Valley be provided." Mr. Don Burkett, president of the Pleasant Valley Property Owners Associatic reminded that in 1975, this property was submitted for multi - family zoning and denied by this Board. Dr. George Gillian, 3014 Imperial Valley Drive, charged that this de- velopment is strictly for financial gain, will devaluate homes and endanger the lives of children. Mr. Jack Castin, planning consultant for Mr. Charles Taylor, voiced opposition because all conditions have not been met and was not satisfied with screen- ing and sight -proof fence. Mr. Dennis Gilman and Ms. Demmy Stepp requested that the property be left "R -2" Single - family District. After brief discussion among Board Members, the rules were then suspended and the Ordinance placed on its second reading by a motion from Directors Bussey and Langston, respectively, which was adopted by unanimous 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. The Ordinance was read the second time; after which there was a subsequent motion from Director Keith, seconded by Director Bussey, that the rules be further suspended and the Ordinance be placed on its third and final reading. The motion was unanimously 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; 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 j response: Ayes - Mayor Hubbell - total 1; Noes - Directors Keith, Langston, Weeks, 0 1 1 1111111 JULY 7, 1981, Cont'd. I drainage problem experienced by residents along Chaucer Lane and Carlyle Drive. Mr. Bussey, Shackelford and Jones - total 6; Absent - None. An announcement followed John Muse residing at 5723 Carlyle Drive, stated the drainage ditch is detrimental to that the Ordinance had FAILED OF PASSAGE. last week. In order for improvements to be made to the ditch, he offered to move his Introduced next was Ordinance No. 14,068, described as: fence at his own expense. Mrs. Betty Sipes, 5923 Chaucer Lane, presented a petition AN ORDINANCE AMENDING ORDINANCE NO. 13,528 OF THE CITY OF LITTLE ROCK, ARKANSAS health and safety hazard. City Manager Mahlon Martin advised that this project ranks ADOPTED NOVEMBER 7, 1978, AS AMENDED BY ORDINANCE NO. 13,838 ADOPTED JULY 1, 1980; 24th on the list of drainage projects and suggested the formation of an improvement EXPANDING THE AUTHORITY OF THE CITY OF LITTLE ROCK RESIDENTIAL HOUSING FACILITIES BOAR this time but said, "we will try to maintain the ditch." Mayor Hubbell requested the TO ISSUE REVENUE BONDS TO FINANCE MULTI- FAMILY DWELLING UNITS; PRESCRIBING OTHER City Manager to prepare a report on drainage projects adding, "we are in no position MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; she will be contacted and advised of the results. with the Ordinance being read the first time; followed by a motion from Director Keith .A Public Hearing had been advertised for this time and place, upon the question that the rules be suspended to allow for the second reading of the Ordinance. The ' Company. The Public Hearing was declared open by Mayor Hubbell who invited speakers motion was seconded by Director Bussey, and unanimously adopted by members of the Boar to come forward. There was no one present who wished to oppose the issue, the Public of Directors present, being seven in number and two - thirds or more of the members of placed on first reading. (See Ordinance No. 14,069 below) the Board of Directors - elect. There was a second reading of the Ordinance, and a subsequent motion by Director Keith, seconded by Director Weeks, that the rules again be suspended and the Ordinance be placed on third and final 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 third and last time, followed by an Aye and No Vote taken on the question, Shall the Ordinance Pass, with the responding vote being: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director 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, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance, together with the Emergency Section was declared PASSED. Several property owners in the Windamere Subdivision were present to address the drainage problem experienced by residents along Chaucer Lane and Carlyle Drive. Mr. John Muse residing at 5723 Carlyle Drive, stated the drainage ditch is detrimental to health and dangerous to children. He said the ditch had never been cleaned out until last week. In order for improvements to be made to the ditch, he offered to move his fence at his own expense. Mrs. Betty Sipes, 5923 Chaucer Lane, presented a petition signed by property owners seeking immediate relief. She too, said the ditch is a health and safety hazard. City Manager Mahlon Martin advised that this project ranks 24th on the list of drainage projects and suggested the formation of an improvement district for funding. He stated there is no way for the City to fund the project at this time but said, "we will try to maintain the ditch." Mayor Hubbell requested the City Manager to prepare a report on drainage projects adding, "we are in no position to give this project top priority." He told Mrs. Sipes when the report is completed, she will be contacted and advised of the results. .A Public Hearing had been advertised for this time and place, upon the question of issuance of Act 9 Industrial Development Revenue Bonds for the Allied Telephone ' Company. The Public Hearing was declared open by Mayor Hubbell who invited speakers to come forward. There was no one present who wished to oppose the issue, the Public Hearing was declared closed and an Ordinance authorizing the issuance of the bonds wa: placed on first reading. (See Ordinance No. 14,069 below) JULY 7, 1981, Cont'd. Ordinance No. 14,069 was presented, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LOAN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND ALLIED TELEPHONE COMPANY; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENC`. ($6,500,000) and after a first reading of the Ordinance, there was a motion from Director Keith, seconded by Director Langston, 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 then read the second time. A subsequent motion was made at this time by Director Keith and seconded by Director Jones, 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 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 ensuing roll call vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent None. The Emergency Clause contained in Section 12 of the foregoing Ordinance was read and adopted by the following vote: Ayes - Directors Keith, Langston, Weeks, Bussey, Shackelford, Mayor Hubbell and Director Jones - total 7; Noes - None; Absent - None. It was then announced by Mayor Hubbell that the Ordinance, together with the Emergency Section had PASSED. Director Bussey was excused. A Public Hearing had been scheduled for this time and place on the Zoning Appeal (Z -3686) filed by C. Randell Breece to rezone 3219 West Markham Street, from "R -2" Single - family to "R -5" Urban Residence District, denied by the Planning Commission on May 26, 1981. Mayor Hubbell declared the public hearing open and Mr. Patrick Morgan, 3221 West.Markham Street was the first person to be heard. He said three families are now living in an "R -2" Single - family residence, that he was not notified and the rezoni would decrease his property value. Mrs. Doris Morgan stated there is no space for park ing with the proposed zoning density; and, that she had been advised by a realtor that her property would devaluate at a rate of 15% to 20 %. Mayor Hubbell explained that Mr. Breece has agreed to downzone the residence at 3219 West Markham Street to its original zoning, immediately upon receiving the requested zoning, and has filed a lette agreeing to this with the City Clerk. Mr. Richard E. Morgan of 121 Brown Street respor ed with, "I can't agree with that." There being no further discussion, Mayor Hubbell declared the public hearing closed and Ordinance No. 14,070 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 3219 WEST MARKHAM STREET IN THE CI9 OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 Langston to suspend the rules and place the Ordinance on its second reading. The moti, was seconded by Mayor Hubbell, 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 II JULY 7, 1981, Cont'd. to allow for the third and final reading of the Ordinance by a subsequent motion made II� and seconded by Directors Keith 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 fl Board of Directors - elect. There was a third and last reading of the Ordinance, and the 11� resulting Aye and No Vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Whereupon,',,, the Ordinance was declared PASSED. I!, The next matter to be considered was Resolution No. 6,625, with the title being: A RESOLUTION SETTING THE DATE OF JULY 21, 1981, FOR A PUBLIC HEARING ON AMENDMENT OF THE SUBURBAN DEVELOPMENT PLAN IN THE MABELVALE AREA OF SOUTHWEST LITTLE ROCK; AND FOR OTHER PURPOSES; with the Resolution being read in its entirety; after which there was a motion by Mayorll, Hubbell, seconded by Director Keith, resulting in a roll call vote which adopted the Resolution as recorded herein: Ayes - Directors Keith, Langston, Weeks, Shackelford, i Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - I� total 1. Director Shackelford was excused. f Introduced at this time was Ordinance No. 14,071, described as: (!. AN ORDINANCE REPEALING SECTION 4 -27 OF THE CODE OF ORDINANCES OF THE CITY OF 1l LITTLE ROCK, ARKANSAS, PERTAINING TO THE SALE OF BEER OR LIGHT WINE IN DANCE HALLS; AND FOR OTHER PURPOSES; III and upon first reading of the ordinance, there was a motion by Director Langston, li seconded by Director Weeks, to suspend the rules and place the Ordinance on second reading. The motion having been unanimously adopted by members of the Board of Directoslll present, being five in number and two- thirds or more of the members of the Board of 111, Directors -- elect, the Ordinance was then read the second time. There was an ensuing it motion again made by Director Jones, seconded by Mayor Hubbell, 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 five ill in number and two - thirds or more of the members of the Board of Directors- elect; where- upon, there was a third and last reading of the Ordinance. The passage of the Ordinances i was then submitted to an Aye and No Vote which resulted as follows: Ayes - Directors I� Keith, Langston, Weeks, Mayor Hubbell and Director Jones - total 5; Noes - None; { Absent - Directors Bussey and Shackelford - total 2. it j The Emergency Clause contained in Section 2 of the foregoing Ordinance was, at this time, read and adopted by the following vote: Ayes - Directors Keith, Langston, Weeks, Mayor Hubbell and Director Jones - total 5; Noes - None; Absent - Directors 1 it Bussey and Shackelford - total 2. Therefore, the Ordinance together with the Emergency Section, was PASSED. lil At this point in the meeting Mayor Hubbell declared -a five - minute recess. At 9:35 o'clock P. M. the Board of Directors reconvened in the Board Chamber with Mayor Hubbell presiding and the following Directors answering roll call: Directors Keith, Langston, Weeks, Shackelford (re- enrolled) and Jones - total 5; Absent - ila Director Bussey - total 1. 'f JULY 7, 1981, Cont'd. Mayor Hubbell brought to the Board's attention the flood damage at the Arkansas Arts Center caused by recent heavy rains. He requested that an appropriation be made for an emergency grant to make the repairs, and introduced a proposed Ordinance entitled: AN ORDINANCE APPROPRIATING $10,000.00 FROM THE GENERAL FUND TO BE USED FOR REPAIR OF FLOOD DAMAGE AT THE ARKANSAS ARTS CENTER; AND FOR OTHER PURPOSES; and after the first reading of the Ordinance, there was a motion by Mayor Hubbell, seconded by Director Keith, to suspend the rules and place the ordinance on its second reading. A roll call was taken on the suspension of the rules and is recorded as follows: Ayes - Mayor Hubbell - total 1; Noes - Directors Keith, Langston, Weeks, Shackelford and Jones - total 5; Absent - Director Bussey - total 1. Therefore, the proposed Ordinance remained on the calendar for second reading. A Public Hearing had been scheduled for this time and place to amend the map plan element and the text of the Master Street Plan to include the provision of a minor arterial from I -430 to Mabelvale West Road. Mayor Hubbell announced that the public II hearing was open, but when no one appeared to speak either for or against the amendment he declared the hearing closed and the Ordinance was placed on first reading. (See ' Ordinance No. 14,072 as follows) Next presented was Ordinance No. 14,072, entitled: AN ORDINANCE AMENDING THE MAP PLAN ELEMENT AND THE TEXT OF THE MASTER STREET PLAN TO INCLUDE THE PROVISION OF A MINOR ARTERIAL FROM I -430 TO MABELVALE WEST ROAD AND FOR OTHER PURPOSES; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director Keith, seconded by Director Weeks, that the rules be suspended and the Ordinance be placed on second reading. The motion was unanimously adopted by members of the Board i and there was a first reading of the ordinance, followed by a motion from Mayor Hubbell � to suspend the rules and place the Ordinance on its second reading. The motion was seconded by Director Weeks, 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 Keith and Shackelford, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the membersill ' 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, Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. Another Public Hearing was scheduled for this time and place to amend the map j and text of the Master Street Plan to include the provision of a minor arterial from I� Highway 300 south to the proposed Deltic Road and the inclusion of a principal arteriaQ ` from Highway 10 south to the proposed West Belt. The Hearing was opened by Mayor jHubbell and when no one was present to speak for or against the amendment, the Hearing I, Was closed and Ordinance No. 14,073 was presented, with the title being: i AN ORDINANCE AMENDING THE MAP AND TEXT OF THE MASTER STREET PLAN To INCLUDE THE PROVISION OF A MINOR ARTERIAL FROM HIGHWAY 300 SOUTH TO THE PROPOSED DELTIC ROAD; THE INCLUSION OF A PRINCIPAL ARTERIAL FROM HIGHWAY 10 SOUTH TO THE PROPOSED WEST BELT; AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director Keith, seconded by Director Weeks, that the rules be suspended and the Ordinance be placed on second reading. The motion was unanimously adopted by members of the Board ;1603 — JULY 7, 1981, Cont d. of Directors present, being six in number and two- thirds or more of the members of the j Board of Directors - elect. Upon second reading of the ordinance, a motion was again j made to suspend the rules to allow for the third and final reading of the Ordinance at jl �. this time, with the motion being made by Director Langston, seconded by Director Keith, I and adopted by unanimous vote of the members of the Board of Directors present, being I six in number and two - thirds or more of the members of the Board of Directors- elect. lj There was a third and last reading of the Ordinance, followed by an Aye and No Vote it taken on the question, Shall the Ordinance Pass, with the resulting vote being recordedi as herein described: Ayes - Directors Keith, Langston, Weeks, Shackelford, Mayor l Ida Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1.ii Whereupon, the Ordinance was declared PASSED. Presented at this time was Ordinance No. 14,074, with the title being: Ijl i AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1923 COMMERCE I II (Z- 3692), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (To allow use of property zoned "R -4" at the corner of 20th and Commerce Streets for ill an addition to the church education building) and there was a first reading of the Ordinance. A motion was then made by Director it Keith which was seconded by Mayor Hubbell, that the rules be suspended and the Ordinancel� 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 membel{lVrli of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion made by Director Keith and again seconded by Mayor Hubbell, for a further suspension of the rules to allow for the third and final reading of the `J Ordinance. The motion was unanimously adopted by voice vote of the members of the ;I( Board of Directors present, being six in number and two- thirds or more of the members �I of the Board of Directors - elect; with the outcome being a third and last reading of I�I the Ordinance. There was an Aye and No Vote taken on the question, Shall the Ordinance) Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, li Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - iljl Director Bussey - total 1. It was then announced that the Ordinance had PASSED. Ordinance No. 14,075 was presented, described as: IIl ,I AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 13601 l j. BECKENHAM DRIVE (Z- 3681), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER III PURPOSES; (For construction of the Hillsborough Subdivision swimming pool) 1 said Ordinance was read the first time; after which there was a motion by Director Keith, seconded by Mayor Hubbell, 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. Upon second reading of the Ordinance, a motion was ,I again made to suspend the rules to allow for the third and final reading of the Ordi- nance at this time, with the motion being made by Director Keith, again seconded by ill, it Mayor Hubbell, 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 I Directors- elect. There was a third and last reading of the Ordinance, followed by an MII Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Keith, Langston, Weeks, Shackelford, j11; Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. The Ordinance was then declared PASSED. �h i I(I JULY 7, 1981, Cont'd. Introduced next was Ordinance No. 14,076, containing the following caption: AN ORDINANCE APPROPRIATING $6,600.00 FROM THE GENERAL FUND TO BE USED FOR ATTORNEY' FEES IN THE CASE OF WILD CINEMA V. CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; with the Ordinance being read the first time, 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 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 Shackelford and Langston, 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, Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent - Director Bussey - total 1. Where- upon, the Ordinance was declared PASSED. Ordinance No. 14,077 was the next presentation, entitled: AN ORDINANCE APPROPRIATING $38,000.00 FROM THE GENERAL FUND TO BE USED TO PAY ATTORNEY'S FEES TO THE FIRM OF HOUSE, HOLMES AND JEWELL; AND FOR OTHER PURPOSES; 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 Ordi- nance 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 subsequently read the secon time, resulting in a motion made by Director Shackelford and seconded by Director Langston, for a further suspension of the rules to allow for the third and final readin of the Ordinance. The motion was unanimously adopted by voice vote of the members of the Board of Directors present, being six in number and two- thirds or more of the membe 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, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, Shackelford, Mayor Hubbell and Director Jones - total 6; Noes - None; Absent Direct Bussey - total 1. The Ordinance was then declared PASSED. • proposed Resolution was the next matter to be considered, with the title being: • RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE MUNICIPAL CODE CORPORATION FOR RECODIFICATION OF THE ORDINANCES OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Resolution was read in its entirety. A motion was then made by Director Shacke ford, seconded by Mayor Hubbell, that the Resolution be adopted which resulted in the following roll call vote: Ayes - Mayor Hubbell - total 1; Noes - Directors Keith, Langston, Weeks, Shackelford and Jones - total 5; Absent - Director Bussey - total 1. Therefore, the Resolution was NOT adopted. Resolution No. 6,626 was considered at this time, entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO APPROVE A CONSENT DECREE IN THE ANNEXATION CASE OF SCOTT MATLOCK, ET. AL. VS. CITY OF LITTLE ROCK, AND FOR OTHER PURPOSES; (Re: South Central Little Rock Island) and there was a full reading of the Resolution, which was subsequently adopted upon 1 1 1 JULY 7, 1981, Cont'd. motion of Mayor Hubbell, seconded by Director Jones, and by the following roll call vote: Ayes - Directors Keith, Shackelford, Mayor Hubbell and Director Jones - total 4 Noes - Directors Langston and Weeks - total 2; Absent - Director Bussey - total 1. Two Ordinances that appeared on the Agenda were deferred upon the request of City Manager Mahlon Martin. Item 15 was an Ordinance to amend Section 2 of Ordinance No. 14,062 regarding appointments to the City of Little Rock Emergency Health Care Facilities Board, and Item 16 was an Ordinance to extend the existing franchise of Medic -Vac Ambulance Service for a period of ninety days. In conclusion, Director Jones commented on appointments to Boards and Commissions and stated that some policy should be set regarding appointments. She suggested that discussion be held at the next work session. There being no further business to be presented, it was moved by Director Keith, seconded by Director Langston, and unanimously carried that this meeting be adjourned at 10:05 o'clock P. M. to convene again in regular session on Tuesday, July 21, 1981 at 7:30 o'clock P. M. ATTEST: ?4410 City Clerk APPROVED: Mayor * * * * * * * * * * * * July 14, 1981 (Resignation effective July 14, 1981 - 6:00 P. M.) Mayor Webster Hubbell held a press conference at 2 :30 P. M. announcing his resignation from the Board of Directors, Position 6, and Mayor of Little Rock. Pursuant to Act 539 of 1981, State of Arkansas, a special election must be held for the election of a successor mayor. Vice Mayor Charles Bussey to serve as mayor until election is held. * * * * * * * * * * * * July 21, 1981 Mayor Webster Hubbell sent letters to Board Members advising that, after a great deal of thought, he had decided to remain on the Board of Directors, Position 6, but is resigning as mayor. He requested the Board to accept his resignation as mayor and elect a new mayor. Therefore, Vice Mayor Bussey will act in the capacity of mayor until a new mayor is elected by the members of the Board of Directors. Board of Directors Chamber Little Rock, Arkansas July 21, 1981 - 7:30 P. M. o The Board of Directors of the City of Little Rock, Arkansas met in regular with Acting Mayor Bussey presiding and Jane Czech, City Clerk, and the following Directors present: Directors Keith, Langston, Weeks, Shackelford and Jones - total 5; Absent - Mayor Hubbell - total 1. There being a quorum present, it was so announced, and the following proceedings occurred: The Invocation was given by Acting Mayor Bussey. Presented first for consideration were the Consent Items, described as follows: (a) The minutes of the previous meeting held July 7, 1981. (b) The 1980 Audit Report of the Little Rock Advertising and Promotion Commission. (c) A motion to set the date for public hearing on August 4, 1981 on zoning appeal (Z -3673) to rezone 10100 Mabelvale Pike, from "R -2" Single - family , District to "C -4" Open Display District. (d) Resolution No. 6,627, entitled: A RESOLUTION OF THE BOARD'OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SETTING THE DATE FOR PUBLIC HEARING ON THE MARKHAM STREET URBAN DESIGN PLAN; AND FOR OTHER PURPOSES. (August 4, 1981 - public hearing date) By motion of Director Keith, seconded by Director Langston, with all Board 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 Audit Report of the Little Rock Advertising and Promotion Commission was received and filed; (c) Public Hearing was set on August 4, 1981 for the zoning appeal (Z -3673) to rezone 10100 Mabelvale Pike; and (d) Resolution No. 6,627 was read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Mayor Hubbell - total 1. After the Consent Agenda was dispensed with, Director Weeks questioned why the resignation of Mayor Hubbell was not placed on the Consent Agenda for acceptance. Acting Mayor Bussey explained that Mayor Hubbell had rescinded his resignation from the Board of Directors according to the following letter: "July 21, 1981 TO: My Fellow Board Members I am sorry I cannot be with you all tonight. This will be the first Board Meeting I have missed in three years, but I have been scheduled to be in South Carolina for some time. Since last Tuesday I have given a great deal of thought to my decision to resign both as Mayor and from Position 6. Since Tuesday several of you and many friends have asked that I stay on the Board until December 31, 1982, when my term expires. I have talked to my partners at the Rose Firm, my close friends and my family about service on the Board. It is now their belief that if I do not have to spend time with the ceremonial functions and the other boards and commissions attributable to the mayor's position, then the burden on I+ them for one and a half years will not be too great. When I resigned I said that I would not stop caring about the City of Little Rock. Little Rock means a great deal to me and my family. I 1 JULY 21,'1981, Cont'd. I have withdrawn my resignation that I submitted on Tuesday. it { is my desire to resign as mayor and I hope the Board will accept that resignation at the next regularly scheduled meeting. At that time we can elect a new mayor and go about the business of the city. Thank you again for your patience. I /S/ Webb Hubbell" j l Director Weeks said he felt the resignation should be addressed and that he did not receive a copy of the letter. In discussion, City Attorney Jack Magruder was question+' ed whether the Board could consider Mayor Hubbell's original resignation and he replied the Board could not, because it had been withdrawn. He further stated that Mayor Hubbell had the right to withdraw the resignation before it was voted on. Director Weeks then asked if the Board should formally consider Mayor Hubbell's resignation as mayor. It was City Attorney Magruder's opinion that it would be "most prudent" not to take any action on this, and Acting Mayor Bussey ruled the matter closed at this time. f Zoning Petition No. 2 -3667 to rezone 7305 West 12th Street from "R -2" Single- ' family District to "I -3" Heavy Industrial District had been placed on the Agenda for consideration, but Mr. Nathaniel Griffin, Director of Comprehensive Planning advised that dedication of right -of -way in the Rock Creek Area had not been satisfied, there- . fore the matter was deferred. i Zoning Petition No. Z -3708 was the next presentation, having been submitted by I Carney Ivy to rezone 8501 New Benton Highway (long legal description), from "R -2" Single - family District to "C -3" General Commercial District. The Planning Commission approved the application on June 30, 1981 and there being no one present to oppose the proposal, Ordinance No. 14,078 was presented, entitled: I, AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 8501 NEW BENTON HIGHWAY IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; I and there was a first reading of the Ordinance. A motion was then made by Director Keith, which was seconded by Director Langston, that the rules be suspended and the i Ordinance be placed on second reading; with the motion being unanimously adopted by III members of the Board of Directors present; being six in number and two - thirds or more III of the members of the Board of Directors - elect. The Ordinance was subsequently read a I the second time, resulting in a motion made by Director Keith and seconded by Director Shackelford, for a further suspension of the rules to allow for the third and final I� I reading of the Ordinance. The motion was unanimously adopted by voice vote of the j, members of the Board of Directors present, being six in number and two - thirds or more II' 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) I Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, � Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes I, None; Absent - Mayor Hubbell - total 1. Therefore, the Ordinance was declared PASSED`,' A Public Hearing had been set for this time and place on amending the Suburban ' Development Plan in the Mabelvale Area of Southwest Little Rock. The amendment would zone that area of the Suburban Plan south of Sibley Hole Road and west of Mabelvale I{ Pike from "LI" - Light Industry, to "SF" - Single - family; and that area east of Mabel- vale Pike from "HI" - Heavy Industry to "LI" - Light Industry. Acting Mayor Bussey declared the public hearing open and a group of residents in the Mabelvale Area was ilk II JULY 21, 1981; Cont'd. present seeking information on the proposed change. Mr. Nathaniel Griffin, Director of Comprehensive Planning explained the proposal and presented graphics showing the change No opposition was voiced and with no further discussion, the public hearing was declare closed and Ordinance No. 14,079 was presented, with the title being: AN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN IN THE MABELVALE AREA OF SOUTHWEST 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 from Director Keith, seconded by Director Weeks, 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 made by Director Jones, seconded by Director Langston, 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 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, Langston, Weeks, Acting Mayor Bussey, Directoi Shackelford and Jones - total 6; Noes - None; Absent - Mayor Hubbell - total 1. The Ordinance was then declared PASSED. The following Rezoning Application was presented under the Conversion Strategy and Adjustment procedure: Z -3707 - From Ben McMinn for W. C. McMinn Company to rezone the southwest corner of 9th and High Streets, from "I -2" Light Industrial District to "C -3" General Commerci+ District. There was no one present to speak in opposition to the zoning conversion and Ordinance No. 14,080 was presented containing the following caption: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 9TH AND HIGH STREETS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 Shackelford, seconded by Director Jones, to suspend the rules and place the ordinance on second reading. The motion was unanimously adopted by members of the Board of Directors prese 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 made by Director Shackelford to again suspend the rules and place the Ordinance on third and final reading; which motion was again seconded by Director Jones, and adopted by un- animous 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Mayor Hubbell - total 1. Whereupon, the ordinance was declared PASSED. Introduced next was Ordinance No. 14,081, containing the following heading: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 4910 WEST 20TH STREET (Z- 3724), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Property zoned "R -3" to be used for church and related activities) i aa� JULY 21, 1981, Cont'd. Ji and there was a first reading of the Ordinance. A motion was then made by Director Keith which was seconded by Director Jones, that the rules be suspended and the Ordi- nance be placed on second reading; with the motion being unanimously adopted by membersl' of the Board of Directors present, being six in number and two- thirds or more of the I�I members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion made by Director Langston and seconded by Director Keith, for a further suspension of the rules to allow for the third and final reading I1I of the Ordinance. The motion was unanimously adopted by voice vote of the members of the Board of Directors present, being six in number and two - thirds or more of the II' members of the Board of Directors - elect; with the outcome being a third and last read- ing of the Ordinance. There was an Aye and No Vote taken on the question, Shall the Ordinance Pass, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Mayor Hubbell - total 1. It was then announced that the Ordinance had PASSED4 ii j Presented for consideration at this time was the petition of Richard and Cynthia Alderman, et. al., requesting the closure of all the alley between Markham and "B" I Streets adjoining Lots 1 through 26, Block 8, Elmhurst Addition to the City of Little I11 Rock, as approved by the Planning Commission. Attached to the petition was a certifi- cation from Little Rock Abstract Company of last apparent owners of record whose Ir property abuts said alley. Also, attached to the petition was a copy of the plat of it Elmhurst Addition on record in the Pulaski County Circuit Clerk's Office. A public i hearing had been scheduled for this time and place by Resolution No. 6,619, with notice thereof having been duly published on July 10, 1981 and July 17, 1981 as required by Law. Acting Mayor Bussey then declared the public hearing open. However,i there was no one present to address the issue, and the hearing was declared closed andill an Ordinance to close the above - described alley was placed on first reading. (See i' Ordinance No. 14,082 as follows) Introduced at this time was Ordinance No. 14,082, entitled: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 8, ELMHURST ADDITION TO THE N ' CITY OF LITTLE ROCK, ARKANSAS; and said ordinance was read the first time; after which there was a motion by Director) Keith, seconded by Director Langston, that the rules be suspended and the Ordinance bed' 'll placed on second reading. The motion was unanimously adopted by members of the Board I' of Directors present, being six in number and two- thirds or more of the members of the�l Board of Directors - elect. Upon second reading of the Ordinance, a motion was again made to suspend the rules to allow for the third and final reading of the Ordinance atj', this time, with the motion being made by Director Shackelford, seconded by Director II j 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. There was a third and last reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as I herein described: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Mayor Hubbell - total 1. The Ordinance was then declared PASSED. A Public Hearing had been scheduled for this time and place by Resolution No. II 6,620, to hear arguments on the Petition from Attorney David P. Henry, Attorney for �! Don 0. Kirkpatrick, to vacate all that portion of said alley located in Block 8, �I II JULY 21, 1981, Cont'd. Ruebel and Leymer's Addition, running between 33rd and 34th Streets (should be between 34th and 35th Streets), as approved by the Planning Commission. Attached to the petition was a letter from Pulaski Title Company North, Inc. certifying the names of the last apparent owners of abutting property. As Notice of Hearing had been duly published Jul 10 1981 and July 17, 1981, as required by Law, the public hearing b on Y was opened by Acting Mayor Bussey. There was no one present to address the issue and the public hearing was declared closed, and the Ordinance was placed on first reading to vacate the above - described alley. (See Ordinance No. 14,083 below) Ordinance No. 14,083 was presented, with the title being: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 8, RUEBEL & LEYMER'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; 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 Langston 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 Shackelford and Jones, respectively, and unanimously adopted by the Board Members present, being six in number and two - thirds or more of the members o] 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, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Mayor Hubbell - total 1. Whereupon, the Ordinance was declared PASSED. The next presentation was the petition from Attorney David P. Henry, for Don O. Kirkpatrick, et'. al., requesting that all of the portion of West 34th Street lying between Taylor and Polk Streets be vacate and closed, as approved by the Planning Commission. Attached to the petition was a certification from Pulaski Title Company North, Inc. of last apparent owners of record whose property abuts said street. Also, attached to the petition was a copy of the plat of Ruebel and Leymer's Addition on record in the Pulaski County Circuit Clerk's Office. A public hearing had been sched- uled for this time and place by Resolution No. 6,621, with notice thereof having been duly published on July 10, 1981 and July 17, 1981 as required by Law. Acting Mayor Bussey then declared the public hearing open; however, there was no one present to address the issue, and the public hearing was declared closed and an Ordinance to clos the above- described street was placed on first reading. (See Ordinance No. 14,084 as follows) Presented next was Ordinance No. 14,084, described as: AN ORDINANCE VACATING AND CLOSING 34TH STREET BETWEEN TAYLOR AND POLK STREETS, IN RUEBEL AND LEYMER'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; said Ordinance was read the first time; after which there was a motion by Director Keith, seconded by Director Langston, 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. Upon second reading of the Ordinance, a motion was again made to suspend the rules to allow for the third and final reading of the Ordinance at this time, with the motion being made by Director Shackelford, seconded by Director Jones, and adopted by unanimous vote of the members of the Board of Directors present, L 1 1 JULY 21, 1981, Cont'd. 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 with the resulting vote being recorded as herein described: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Mayor Hubbell - total 1. The Ordinance was then declared PASSED. A public hearing had been designated for this time and place upon the question of issuance of Act 9 Industrial Development Revenue Bonds for Affiliated Food Stores, Inc The public hearing was declared open by Acting Mayor Bussey, who invited speakers to come forward. There was no one present who wished to oppose the issue, the public hearing was declared closed and an Ordinance authorizing the issuance of the bonds was placed on first reading. (See Ordinance No. 14,085 as follows) Next presented was Ordinance No. 14,085, containing the following title: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AND AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND AFFILIATED FOOD STORES, INC., AS LESSEE; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY; and there was a first reading of the Ordinance. A motion was then made by Director Weeks which was seconded by Director Keith, that the rules be suspended and the ordi- nance 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 subsequently read the second time, resulting in a motion made by Director Langston and again seconded by Director Keith, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by voice 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, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total.6; Noes - None; Absent - Mayor Hubbell - total 1. The Emergency Section contained in Section 11 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Mayor Hubbell - total 1. It was then announced that the ordinance, together with the Emergency Section, had PASSED. The next matter to be considered was Resolution No. 6,628, which did not contain a title, but AUTHORIZED LEASE FINANCING BY THE BAPTIST MEDICAL CENTER SYSTEM TO PROVIDE FINANCING FOR ACQUISITION OF TELEPHONE AND COMMUNICATIONS EQUIPMENT AND FACILITIES IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,500,000; and the Resolution was read in its entirety. A motion was then made by Director Keith, ' seconded by Director Weeks, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Mayor Hubbell - total 1. 'I !IIIlV IIII JULY 21, 1981, Cont'd. Ordinance No. 14,086 was the next presentation, entitled: AN ORDINANCE APPROPRIATING $263,500.00 FROM THE GENERAL FUND TO BE USED FOR THE BIG CAT DISPLAY AT THE ZOO OF ARKANSAS TO BE REPAID FROM ZOO ADMISSION FEES; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. There was a motion made at this time by Director Keith, seconded by Director Langston, 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 made by Director Keith, seconded by Director Weeks, 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 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 Ordinance Pass, with the vote being recorded herein as follows: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes-- None; Absent - Mayor Hubbell - total 1. Whereupon, the Ordinance was declared.PASSED. X proposed ordihance' was-presented,:with. the -title being:. AN ORDINANCE APPROPRIATING_ - $10:;000.00 'FROM "THE "GENERAL'FUND TO -BE USED'FOR REPAIR OF FLOOD DAMAGE AT THE ARKANSAS ARTS CENTER; AND FOR OTHER PURPOSES; with the Ordinance being read the second time, having been read the first time on July 7, 1981. A brief discussion followed in which Mr. John Truemper, speaking for the Arts Center, explained there is no priorty to receive State Funds for the repairs, but an emergency does exist. Director Weeks questioned Mr. Truemper if he was aware of the cut back of city expenditures. He stated that the Arts Center has also cut back in various phases. Upon question by Board Members, City Manager Mahlon Martin advised they money could be taken from the unexpended balance of the General Fund. Director Jones said she felt the Ordinance should state the cost of repairs are not to exceed $10,000 and that this is an emergency situation. Mr. Truemper was hopeful the costs would be less than $10,000 and believed they would not exceed that amount. There was no further discussion or motion for suspension of the rules; therefore, the Ordinance remained on the calendar for third and final reading. Introduced at this time was Ordinance No. 14,087, with the following caption: AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 14,062 REGARDING APPOINTMENTS TO THE EMERGENCY HEALTH CARE FACILITIES BOARD; AND FOR OTHER PURPOSES; (Robert Venable, M.D. - 1 year; Ralph Brodie - 2 years; Mike Kumpuris - 3 years; Robert 0. Marshall - 4 years; and Priscilla Watts - 5 years) and after a first reading of the Ordinance, there was a motion from Director Langston, 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 then read the second time. A subsequent motion was made at this time by Director Langston, seconded by Director Weeks, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was adopt- ed 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 ensuing roll call vote taken on the passage of the Ordi- 4 L 7 L I F-1 L JULY 21, 1981, Cont'd. nance received the following response: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent Mayor Hubbell - total 1. Therefore, the Ordinance was declared PASSED. A proposed Ordinance was presented entitled: AN ORDINANCE AUTHORIZING AN EXTENSION OF THE FRANCHISE OF MEDIC -VAC AMBULANCE COMPANY FOR A PERIOD OF NINETY DAYS; AUTHORIZING THE CITY MANAGER TO ISSUE THE NECESSA PERMIT TO MEDIC -VAC; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. There was no motion for suspension of the rules to allow for the second reading of the Ordinance, in order that it remain on file in the City Clerk's Office at least one week before passage. Therefore, the proposed Ordinance remained on the calendar for second reading on August 4, 1981. The next presentation was Ordinance No. 14,088, described as: AN ORDINANCE AUTHORIZING THE ISSUANCE OF AN INDEPENDENT TAXICAB OPERATOR PERMIT TO MR. AVERT ISHAM; 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 Keith, seconded by Director Shackelford, 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 again made by Director Keith, seconded by Director Weeks, that the rules be suspended and the Ordi- nance 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 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, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Absent - Mayor Hubbell - total 1. The Ordinance was then declared PASSED. The last matter to be considered was Resolution No. 6,629, containing the following heading: A RESOLUTION MAKING APPOINTMENTS TO THE WASTEWATER UTILITY COMMISSION; AND FOR OTHER PURPOSES; (Mr. Gus Vratsinas and Mr. Louis Schaufele - four -year and there was a full reading of the Resolution with an Keith, seconded by Director Weeks, for adoption of the taken which resulted in adoption of the Resolution by Directors Keith, Langston, Weeks, Acting Mayor Bussey, Jones - total 6; Noes - None; Absent - Mayor Hubbell terms ending July 31, 1985) ensuing motion from Director Resolution. A roll call was the following vote: Ayes - Directors Shackelford and - total 1. There being no further business to be presented or to come before the Board of Directors, upon motion of Director Shackelford, seconded by Director Keith, and by unanimous vote of the members of the Board of Directors present, the meeting was adjourned at 8:45 o'clock P. M., to meet again in regular session at 7:30 o'clock P. M on Tuesday, August 4, 1981. ATTEST: /yN/y{�L. V City Clerk APPROVED: G Acting Mayor * * * * * * * * * * * * Board of Directors Chamber Little Rock, Arkansas August 4, 1981 - 7:30 P. M. IIlIIII , The Board of Directors of the City of Little Rock, Arkansas met in regular sessi with Acting Mayor Hussey presiding and Robbie Hancock, Assistant City Clerk, and the following Directors present: Directors Keith, Langston, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. There being a quorum present, it was so announced, and the following proceedings occurred: The Invocation was given by Director Weeks. Presented first for consideration were the Consent Items, described as follows: (a) The Minutes of the previous meeting held July 21, 1981. (b) The 1980 Annual Report of the Little Rock Housing Authority. (c) The 1980 Annual Report of the Little Rock Municipal Water Works. (d) Resolution No. 6,630, entitled: A RESOLUTION ACCEPTING MAYOR WEBSTER L. HUBBELL'S RESIGNATION AS MAYOR. ' (e) Resolution No. 6,631, entitled: A RESOLUTION ACCEPTING THE BID OF LITTLE ROCK DODGE FOR A VAN FOR THE EAST LITTLE ROCK COMPLEX; AUTHORIZING THE CITY MANAGER TO PURCHASE A VAN FROM CDBG FUNDS; WAIVING COMPETITIVE BIDDING; DECLARING AN EXCEPTIONAL SITUATION; AND FOR OTHER PURPOSES. (f) Resolution No. 6,632, entitled: A RESOLUTION RECOMMENDING THAT THE LITTLE ROCK WASTE WATER DEPARTMENT SERIOUSLY CONSIDER THE COMMONWEALTH PROPERTY FOR THEIR NEW LOCATIONS; AND FOR OTHER PURPOSES. (g) Resolution No. 6,633, entitled: A RESOLUTION SETTING THE DATE OF SEPTEMBER 15, 1981, FOR A PUBLIC HEARING ON AN ORDINANCE ADOPTING THE 1979 EDITION OF THE STANDARD FIRE PREVENTION CODE; AND FOR OTHER PURPOSES. , (h) Resolution No. 6,634, entitled: A RESOLUTION SETTING THE DATE OF SEPTEMBER.15, 1981, FOR A PUBLIC HEARING ON AN ORDINANCE ADOPTING THE STANDARD BUILDING CODE AS THE BUILDING CODE FOR THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. The following Resolution was added to the Consent Agenda: (i) Resolution No. 6,635, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR THE FIRST PHASE OF THE CITY'S INTERSECTION REPAIR PROGRAM; AND FOR OTHER PURPOSES. By motion of Director Shackelford, seconded by Director Weeks, 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 were approved as written and summarized to the Board of Directors; (b & c) The Annual Reports were received and filed; and (d, e, f, ' g, h, and i) Resolutions No. 6,630, 6,631, 6,632, 6,633, 6,634, and 6,635 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes II None; Absent - None. AUGUST 4, 1981, Cont'd. A Public Hearing had been scheduled for this time and place on the Zoning Appeal JI'I I (Z -3673) filed by Attorney Charles A. Brown representing Mr. Herschel Moseley and Carmo,j�` ' Inc. to rezone 10100 Mabelvale Pike, from "R -2" Single - family District to "C -4" Open I�I Display District, denied by the Planning Commission on May 26, 1981. Acting Mayor Bussey declared the Public Hearing open and Attorney Brown made the presentation to the Board of Directors, giving a brief history of the zoning in the surrounding area, III and zoning classification of the subject property that has been used by a refrigerationl'' I� company y for ten years and will continue to be used for that purpose. Upon question by Director Langston, Mr. Brown said the problem with non - conforming use is that the ownerVi;. cannot do any outside remodeling or repairs. Upon further questioning by Director +I Langston, Mr. Brown advised that the applicant would like to someday, expand the ill business. Mr. O. R. Blacklock of 1007 Mabelvale Pike, representing the property owners presented opposition to the proposed rezoning. He stated that neighborhood property owners had signed a petition opposing the rezoning when this matter was before the Planning Commission. Mr. Blacklock commented that there are thirty -three single- familyl' dwellings in this area and requested the Board of Directors to deny this zoning appli- cation. After discussion among Board Members, Acting Mayor Bussey declared the public I � hearing closed and the proposed Ordinance to rezone the property was placed on first reading. (,See proposed Ordinance below), A proposed Ordinance was presented, with the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 10100 MABELVALE PIKE IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY j OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; �I and there was a first reading of the Ordinance, followed by a motion from Director Langston, seconded by Director Shackelford, to suspend the rules and place the Ordi- r nance on its second reading. The motion was adopted by unanimous vote of the Board k 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 �I were again suspended to allow for the third and final reading of the Ordinance by a ' I subsequent motion made and seconded by Directors Keith and Jones, respectively, and unanimously adopted by the Board Members present, being seven in number and two - thirds ^I 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 II the Ordinance received the following response: Ayes - None; Noes - Directors Keith, I Y Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Absent - None. Whereupon, it was announced that the Ordinance had FAILED. I' III I Another Public Hearing had been scheduled for this time and place to endorse the Markham Street Urban Design Plan to serve the Convention Center, Riverfront Park, and Metrocentre. The Hearing was opened by Acting Mayor Bussey, and when no one present 1 wished to speak for or against the Plan, the Hearing was closed and Resolution No. 6,63.1 was presented, with the title being: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK ENDORSING THE �I MARKHAM STREET URBAN DESIGN PLAN WITH THE STIPULATION THAT A DETAIL LANDSCAPING AND TRAFFIC ANALYSIS WILL BE COMPLETED AND REVIEWED BY THE PLANNING COMMISSION PRIOR TO IIp THE IMPLEMENTATION OF THE PLAN; and there was a full reading of the Resolution, which was subsequently adopted upon 1 motion of Director Keith, seconded by Director Shackelford, and by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors ii NOMWE W111 AUGUST 4, 1981, Cont'd. Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Next presented was a proposed Ordinance, entitled: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 7426 CANTREL] ROAD (Z- 3727), SETTING FORTH THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Tract "A ", Jay Smith Addition. Property to be used for a mini - storage facility and is zoned "C -3 ".) and there was a first reading of the Ordinance. A motion was then made by Director Hubbell, seconded by Director Jones, 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 seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion made by Director Hubbell and again seconded by Director Jones, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by 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; 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 Pas resulting in the following vote: Ayes - Directors Keith, Langston, and Acting Mayor Bussey - total 3; Noes - Directors Weeks, Shackelford, Hubbell and Jones - total 4; Absent - None. It was announced that the Ordinance had FAILED. Ordinance No. 14,089 was presented, containing the following title: AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1406 CANTREI ROAD (Z- 3726), SETTING FORTHE THE CONDITIONS ATTACHED THERETO; AND FOR OTHER PURPOSES; (Lot 1, Block 360, Original City; to be used for eating establishment without drive -in service and is zoned "0-3 ".) and said Ordinance was read the first time; after which there was a motion by Director Shackelford, seconded by Director Hubbell, that the rules be suspended and the Ordinanc placed on second reading. The motion was unanimously adopted by members of the Board o " 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 motion was again mad by Director Shackelford, seconded by Director Hubbell, to suspend the rules to allow for the third and final reading of the Ordinance at this time. The motion was unani- mously adopted by the members of the Board of Directors present, being seven in number I I and two - thirds or more of the members of the Board of Directors - elect. There was a i ithird and last reading of the Ordinance, followed by an Aye and No vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: I Ayes - Directors Keith, Langston, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 6; Noes - Director Weeks - total 1; Absent - None. The Ordinance was then declared PASSED. Introduced next was Ordinance No. 14,090, entitled: AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A "PRD" DISTRIC TITLED SKYLINE VISTA 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; with the Ordinance being read the first time; followed by a motion from Director Hubbel seconded by Director Weeks, 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 and the I �VY'Y AUGUST 4, 1981, Cont'd. I�I Ordinance placed on its third and final reading by a motion made by Director Shackel- ford, seconded by Director Jones; and unanimously adopted by the Board Member present I being seven in number and two - thirds or more of the members of the Board of Directors- Il 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, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell Ij and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declare PASSED. II Ordinance No. 14,091 was presented, described as: AN ORDINANCE ACCEPTING THE ANNEXATION TO THE CITY OF LITTLE ROCK, ARKANSAS, OF I(I CERTAIN LANDS, WHICH LAND IS CONTIGUOUS TO THE PRESENT CITY LIMITS, AND FOR OTHER PURPOSES; (10.91 acres located at the N/E corner of Gaseline & Geyer Springs Roads; Court Order dated June 29, 1981.) I and said Ordinance was read the first time. The rules were then suspended and the ll Ordinance was placed on second reading by motion of Director Hubbell, seconded by jl ' Director Jones, 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 II` Directors- elect. Upon second reading of the Ordinance, there was a subsequent motion I 1I� by Director Shackelford, seconded by Director Jones, that the rules again be suspended and the Ordinance be placed 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. A third and Y last reading of the Ordinance ensued; after which there was an Aye and No vote taken oni�l the passage of the Ordinance, which resulted as follows: Ayes - Directors Keith, I Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Mayor Bussey then announced that the Ordinance had PASSED. zoning Application Z- 3705, from Mr. Tom Buford, attorney for Weingarten Realty, Inc. to rezone 10.91 acres at the northeast corner of Baseline and Geyer Springs Roads,!, I from "AF" Agriculture and Forestry to "C -3" General Commercial District, was the next I presentation. The application received the approval of the Planning Commission on June 30, 1981. There was no opposition or discussion and an Ordinance granting the i rezoning was placed on first reading. (See Ordinance No. 14,092 below) Ordinance No. 14,092 was presented, entitled: w l� ,p, I AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT THE NORTHEAST CORNER OF BASELINE Ij AND GEYER SPRINGS ROADS IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. A motion was made by Director Keith, i it seconded by Director Shackelford, to suspend the rules and place the Ordinance on its j second reading and unanimously adopted by the Board Members present, being seven in �I number and two - thirds or more of the members of the Board of Directors - elect. There I, was a second reading of the Ordinance, after which there was a subsequent motion again ' made by Director Keith, and seconded by Director Shackelford, to suspend the rules and place the Ordinance on its third and final reading. The motion was adopted by a unan- `I imous vote of the Board Members present being seven in number and two - thirds or more ofl� 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 pasage of the Ordinance with the I�i I AUGUST 4, 1981, Cont'd. response being: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Director: Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Introduced again at this time was a proposed Ordinance, with the title being: AN ORDINANCE APPROPRIATING $10,000 FROM THE GENERAL FUND TO BE USED FOR REPAIR OF FLOOD DAMAGE AT THE ARKANSAS ARTS CENTER; AND FOR OTHER PURPOSES; which had been read the first and second times on July 7 and 21, 1981, respectively. There was a lengthy discussion regarding the cost of the Art Center repairs and the appropriation. City Manager Mahlon Martin stated that the estimated cost of the repair; had been revised down to $4,726.00, and that he was not aware of any urgency in getting the repairs made. Some directors were reluctant to appropriate funds for the Art Center repairs until after the 1982 budget hearings and also, without having anything in writing on the revised cost. A motion was made by Director Jones, seconded by Director Shackelford, to delay this matter, and the motion was adopted by the following roll call vote: Ayes - Directors Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 5; Noes - Directors Keith and Hubbell - total 2; Absent None. Therefore, the Ordinance was left on the calendar for third and final reading. The next presentation was Ordinance No. 14,093, with the title being: AN ORDINANCE AUTHORIZING THE ISSUANCE OF TEMPORARY TOURISM REVENUE REFUNDING BONDS PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY; ($900,000 Series 1981, dated August 1, 1981) and the Ordinance was read the first time. A motion was made by Director Langston, seconded by Director Weeks, 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 seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, result- ing in a motion made by Director Shackelford, seconded by Director Langston, for a further suspension of the rules to allow for the third and final reading of the Ordinanllll The motion was unanimously adopted by voice 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; with the outcome being a third and last reading of the Ordinance. There was an Aye and No vote taken on the passage of the Ordinance, resulting in the following vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directorsil Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Emergency Section contained in Section 28 of the foregoing Ordinance was then read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, it was announced that the Ordinance, together with the Emergency Section had PASSED. The next matter to be considered was Ordinance No. 14,094, entitled: AN ORDINANCE APPROPRIATING MONEY FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR CERTAIN EXPENDITURES; AND FOR OTHER PURPOSES; (For vehicle liability insurance, life insurance for employees, long term disability insurance, unemployment insurance, and non - uniform retirement) ' and the Ordinance was read the first time. There was a motion made by Director Keith, I� seconded by Director Langston, 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 seven in number and two- thirds or more of the members of the V �1111I , AUGUST 4, 1981, Cont'd. Board of Directors - elect, with the second reading of the Ordinance following. A sub- sequent motion was made by Director Keith, seconded by Director Weeks, for a further suspension of the rules and the placing of the Ordinance on third and final reading, with the motion being adopted by a 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 recorded herein as follows: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced at this time was Ordinance No. 14,095, containing the following caption: AN ORDINANCE AUTHORIZING AN EXTENSION OF THE FRANCHISE OF MEDIC -VAC AMBULANCE 111fi11 COMPANY TO MEDICEVACD NTSPURPOSESIZING THE CITY MANAGER TO ISSUE THE NECES PERMIT AND FOR OTHER and the Ordinance was read the second time, having been read the first time on July 21, 1981. A motion was made by Director Langston, seconded by Director Keith, to suspend the rules and place the Ordinance on 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. The ensuing roll call vote taken on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. A proposed Ordinance was presented, with the title being: AN ORDINANCE AWARDING.A FRANCHISE SUBJECT TO CERTAIN CONDITIONS TO ATKINS MENT COMPANY TO ENCROACH UPON THE PUBLIC RIGHT -OF -WAY AT 5TH AND LOUISIANA STREETS; AND FOR OTHER PURPOSES; with the Ordinance being read the first time. There was no motion for the suspension of the rules to allow for the second reading of the Ordinance, in order that it remain on file in the City Clerk's Office at least one week before passage. Therefore, the proposed Ordinance remained on the calendar for second reading on August 18, 1981. The last item on the Agenda was Ordinance No. 14,096, entitled: AN ORDINANCE AMENDING SECTIONS 7 -8, 7 -11, 7- 16(b)7 -17, 7 -18, 7 -19, 7 -27, 7 -29(a) AND 7 -29(b) OF THE CODE OF ORDINANCES TO INCLUDE THE WORD "HOUSEHOLD" WHEREVER THE PHRASE "PERSON, FIRM OR CORPORATION" APPEARS; AND FOR OTHER PURPOSES; and the Ordinance was read the first time. A motion was made by Director Shackelford, seconded by Director Jones, that the rules be suspended and the Ordinance placed 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 subsequently read the second time, result ing in a motion by Director Shackelford, seconded by Director Jones, to allow for the third and final reading of the Ordinance. The motion was unanimously adopted by 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; and the Ordinance was read the third and last time. There was an Aye and No vote taken on the passage of the Ordinance with the response being: Ayes - Directors Keith, Langston, Weeks, Act- ing Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; III�II� Absent - None. Therefore, the Ordinance was declared PASSED. I AUGUST 4, 1981, Cont'd. City Manager Mahlon Martin asked for directions from the Board of Directors on a request from Kathy Johnson, Chairman of the Museum of Science and History Board, — to increase the number of members on the Museum Board of Trustees. Section 26 -12 of the ' Code of Ordinances states that the Board of Trustees shall consist of not less than nine (9) nor more than fifteen (15) members. The Code of Ordinances will need to be amended if the Board of Trustees is to be increased. A motion was made by Director Hubbell and seconded by Director Keith, that Mrs. Johnson proceed with whatever steps are necessary to increase the membership of the Museum Board of Trustees. The motion was unanimously adopted by voice vote of the Board Members present, being seven in number. Under "J" Citizen Communications, Mr. Parnell Riley of 2501 State Street, registered a complaint about Twin City Motors ripping off black people and said that Director Webb Hubbell should not be a member of the Board of Directors because he is the attorney for Twin City Motors. Mr. Robert "Say" McIntosh of 1722 Summit Street, addressed the Board on the subject of Mayor and stated that Mr. Charles Bussey would make a fine Mayor and should ' step up to the seat vacated by Mr. Hubbell. Mr. Olen Asbury questioned the Board on the rejection of his zoning request (Z- 3727.- See Item 3 on Agenda) for a conditional use permit at 7426 Cantrell Road. He was advised to take with the Board Members after the meeting was adjourned. The last person to speak under Citizen Communications was Mrs. Clara L. Draper, who read a prepared statement endorsing Vice Mayor Bussey as Mayor of Little Rock. There being no further business to be presented, it was moved by Director Keith, and seconded by Director Langston, and unanimously carried that the meeting be adjourn- ed at 8:50 P. M. and the Board convene in regular session on Tuesday, August 18, 1981- at 7:30 o'clock P. M. ATTEST: ?A,OYL4 APPROVED: City Clerk Mayor- II * * * * * * * * * * * * * * L Board of Directors Chamber Little Rock, Arkansas August 18, 1981 - 7:30 P. M. ' The Board of Directors of the City of Little Rock, Arkansas met in regular sessio with Acting Mayor Charles Bussey presiding and Jane Czech, City Clerk, and the follow- ing Directors were present: Directors Keith, Langston, Weeks, Shackelford, Hubbell and Jones - total 6; Absent - None. A quorum was declared to be present and the meeting therefore, proceeded as herein recorded. The Invocation was given by Director Shackelford. Presented first from the Official Agenda were the Consent Items, described as follows: (a) The Minutes of the previous meeting held August 4, 1981. (b) Resolution No. 6,637, entitled: A RESOLUTION REPEALING RESOLUTION NUMBER 6,075 WHICH ENDORSED A CHANGE IN THE NAME OF THE LITTLE ROCK ZOO; RE- ESTABLISHING THE NAME LITTLE ROCK ZOO; AND FOR OTHER PURPOSES. (c) Resolution No. 6,638, with the title being: A RESOLUTION SELECTING EDWARD G. SMITH AS THE ENGINEER ON THE 7TH YEAR C.D.B.G. PROGRAM, PART I; SELECTING THE FIRM OF McCLELLAND CONSULTANT ENGINEERS FOR THE 7TH YEAR C.D.B.G. PROGRAM, PART II; AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR ENGINEERING SERVICES FOR THE 7TH YEAR C.D.B.G. PROGRAM; AND FOR OTHER PURPOSES. Upon motion by Director Hubbell, seconded by Director Weeks, which was unanimously adopted, the following items were removed from the regular Agenda and placed in the Consent Agenda: (d) Resolution No. 6,639, described as: A RESOLUTION DIRECTING AND AUTHORIZING THE OFFICE OF THE CITY ATTORNEY TO TAKE ALL NECESSARY LEGAL ACTION TO ENSURE THE CONTINUED ORDERLY AND IIII�I CONSTITUTIONAL OPERATION OF THE CITY JAIL. (e) Resolution No. 6,640, containing the following caption: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE LAWSUITS WITHOUT FURTHER APPROVAL OF THE BOARD OF DIRECTORS ON ALL CASES INVOLVING AN AMOUNT LESS THAN FIVE - THOUSAND DOLLARS ($5,000.00); AND FOR OTHER PURPOSES. (f) Resolution No. 6,641, entitled: A RESOLUTION SETTING THE DATE OF SEPTEMBER 1, 1981, FOR A PUBLIC ON AMENDING THE SUBURBAN DEVELOPMENT PLAN IN THE WEST MARKHAM STREET AREA NORTH OF I -630 AND EAST OF I -430; AND FOR OTHER PURPOSES. (g) Resolution No. 6,642, with the title being: A RESOLUTION SETTING THE DATE OF HEARING ON THE PETITION TO VACATE A PORTION OF "L" STREET ADJOINING LOT 195, PROSPECT TERRACE NO. 3 ADDITION AND LOT 1, BLOCK 4 IN THE HOLLENBERG ADDITION TO THE CITY OF LITTLE ROCK, �I(IIII ARKANSAS. (Public Hearing date to be September 1, 1981) II(h) A Report of the Commissioners of Broadmoor Recreational Area Improvement District No. 2, appointing successor commissioners. (To be received & filed (i) Resolution No. 6,643, described as: A RESOLUTION APPOINTING SUCCESSOR COMMISSIONERS FOR BROADMOOR RECREATIONAL AREA IMPROVEMENT DISTRICT NO. 2 OF LITTLE ROCK, ARKANSAS. month of June, I981f Income Account, Little RocK,Munacipal water wuzxb / VI By motion of Director Keith, seconded by Director Jones, with all Board 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, c, d, e, f & g) Resolutions No. 6,637, 6,638, 6,639, 6,640, 6,641 and 6,642 were read in full and adopted by unanimous roll call vote of the Board Members present; (h) The Report of the Commissioners of Broadmoor Recreational Area Improvement District No. 2 was receives and filed; and (i) Resolution No. 6,643 was read in full and adopted by unanimous roll call vote of the Board Members present; and (j) The Comparative Statement was received and filed. A Resolution had been placed on the Agenda pertaining to off - street parking facilities necessary to accommodate the Civic - Convention -Hotel Center now under con- struction. Mr. Werner C. Knoop, Chairman of the Parking Authority submitted a report and recommendation that a parking deck to accommodate approximately 625 cars be con- structed on the north part of.the block owned by the City bounded by Second, Third, ment cost estimated to be $3,750,000 development Main and Scott Streets at a total project P of which approximately $3,000,000 would be Revenue Bonds retired primarily from the rental proceeds of the facility. To address the matter the Parking Authority retained General Counsel, E. A. Barton and Associates as Consultants, The Convention Center Architects as Architects, and Mr. Jack Williams of the Law Firm of Wright, Lindsey and Jennings as Bond Counsel. A general discussion among Board Members followed and when Director Hubbell moved, seconded by Director Jones, that the proposal be delayed for two weeks to give the Board time to hear other proposals for the development of the property, and time to study the "Barton Report ", the following roll call was taken and no action was taken and the matter was deferred for two weeks: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The following Zoning Applications were considered next, as approved by the Planning Commission: Z -3717 - From Carl McKee for Clark Machinery Company to rezone 11525 Mabelvale West Road (long legal description) from "R -2" Single - family District to "I -2" Light Industrial District. Z -3719 - From Olan J. Asbury to rezone 1.6 acres on the north side of Baseline Road approximately 290 feet west of Distribution Drive (long legal description) from "R -2" Single - family District to "I -2" Light Industrial District. As there was no one present to speak in opposition to the reclassification of the above- described properties, an Ordinance to reclassify same was placed on first reading. (See Ordinance No. 14,097 as follows) Ordinance No. 14,097 was presented, entitled: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, ARKANSA AMENDING SECTION 43 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 Keith, seconded by Director Shackelford, to suspend the rules and place the Ordinance on secol 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; and the.second reading of the Ordinance ensued. A subsequent motion was made by Director Shackelford, seconded by Director Jones, to again suspend the rul and place the Ordinance on third and final reading. The motion was unanimously adopte by the members of the Board of Directors present, being seven in number and two - thirds -_- I k _ _- AUGUST 18, 1981, Cont'd. I' i or more of the members of the Board of Directors - elect. There was a third and final II reading of the Ordinance after which an Aye and No Vote was taken on the passage of thei{ Ordinance and resulted as follows: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. I Zoning Application Z -3720 was the next presentation from Ms. Birdie Durham, to rezone 5915 Windamere Drive, described as Lot 1, Windamere Subdivision to the City of �l Little Rock, from "0 -3" General Office to "C -1" Neighborhood Commercial District, as III approved by the Planning Commission on July 28, 1981. A group of property owners in the Windamere Subdivision was present to oppose the rezoning with Mr. Roger R. Maynard serving as spokesman. Mr. Maynard gave a brief history of zoning in Windamere and advised that a Bill of Assurance is filed of record running with the land, which he j felt should remain in effect. He presented a petition signed by property owners object I� Ii ing to the rezoning which was filed with the City Clerk. Mr. Billy L. Satterfield representing the applicant, told the Board of Directors that his client leased the III property and made improvements after the Planning Commission approved the proposal. ' Director Jones questioned whether there had been practice of business at the subject property within ten days, to which Mr. Satterfield responded, "not to my knowledge." I Ms. Willandra S. Dean, a member of the Pulaski County Quorum Court spoke in opposition to the rezoning, pointing out the traffic problem at this location. Mr. Satterfield stated that he is completely aware of the traffic problem, but this intersection is not! I different to any other. He said his client thought because the Planning Commission hadl� I a pp roved the a pp lication , he had the green li g ht to go ahead with improvements and i! apologized. Director Jones asked Mr. Satterfield -if he was aware that an injunction ha been filed against the owner previously, to which he answered, "I think this occurred in 1968." Director Jones further questioned a resident in the neighborhood, "have you witnessed a use of this property as commercial ?" The resident replied, "yes." There �I was no further discussion and a proposed Ordinance was placed on first reading, with Ij! the title being: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 5915 WINDAMERE DRIVE, LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ��JI ARKANSAS AND FOR OTHER PURPOSES; �I I' and there was a first reading of the Ordinance. A motion was then made by Director Hubbell which was seconded by Director Shackelford, 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 seven in number and two - thirds or more1�' of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion made by Director Shackelford and seconded by !I Director Jones, for a further suspension of the rules to allow for the third and final II reading of the Ordinance. The motion was unanimously adopted by voice vote of the �l members of the Board of Directors present, being seven in number and two - thirds or more o£'the members of the Board of Directors- elect; with the outcome being a third and last�l I reading of the Ordinance. There was an Aye and No Vote taken on the question, Shall l ' the Ordinance Pass, resulting in the following vote: Ayes — Directors Keith and Langston - total 2; Noes - Director Weeks, Acting Mayor Bussey, Directors Shackelford,l�l Hubbell and Jones - total 5; Absent - None. It was then announced that the Ordinance had FAILED. II Zoning Application Z -3732 from Larry Puckett & Herbert Puckett to rezone 5612 III I', AUGUST 18, 1981, Cont'd. Geyer Springs Road (long legal description) from "R -2" Single- family District to "O -1" Quiet Office was presented at this time. The application received the approval of the Planning Commission on July 28, 1981. The Staff had noted that there was a need for 10 feet of right -of -way on Geyer Springs Road and Mr. Larry Puckett advised that this dedication was agreeable. There was no further discussion and Ordinance No. 14,098 to rezone the subject property was placed on first reading as follows: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 5612 GEYER SPRINGS ROAD, LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS AND FOR OTHER PURPOSES; and said Ordinance was read the first time; after which there was a motion by Director Langston, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, a motion was again made to suspend the rules to allow for the third and final reading of the Ordinance at this time, with the motion being made by Director Langston, seconded by Director Hubbell, 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. There was a third and last reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Keith, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Consideration was then given on whether to reconsider a "Planned Unit Development and Site Plan Review near the northeast intersection of Rocky Valley and Imperial Valley Drives, north of Pleasant Valley Waterworks, for "Fountain Square" condominiums. The tract consists of 11.27 acres and received approval of the Planning Commission subject to certain conditions. The proposed Ordinance to approve the "PRD "`was conside - ed by the Board of Directors on July 7, 1981, with the rules suspended for second and third readings. After presentation of strong opposition by some residents in Pleasant ' Valley, a roll call was taken on the question, Shall the Ordinance Pass, with the Ordinance failing by a roll call vote of 1 Aye and 6 Noes. After brief discussion, a motion was made by Director Hubbell and seconded by Director Shackelford, to "reconsider the proposal and set a public hearing on September 1, 1981 at 7:30 P. M." (Note: Public Hearing must be held on September 15th in order to comply with law.) A roll call was taken on the motion to reconsider with the results being: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the public hearing will be held on September 15th. The following Rezoning Applications were presented under the Conversion Strategy Adjustment procedure as recommended by the Planning Commission: �I Z -3711 - From Ira Flowers Williams to rezone 1610 Cumberland Street, described a V ii Lot 10, Block 18, Kitchen's Replat of Lots 10, 11 & 12, Block 18, Original City, from "R -5" Urban Residence District to "R -3" Single - family District. Z -3713 - From Bill Hastings for RPM Realty Fund to rezone Lot 11, Charles Valley I� Subdivision, from "C -4" Open Display District to "C -3" General Commercial District. Z -3723 - From Jim Garner for RPM Realty Fund to rezone Lot 12 -A Charles Valley Subdivision, from "C -4" Open Display District to "C -3" General Commercial District. AUGUST '18, 1981 Cont'd. Z -3731 - From Joe White for Eldo Properties, Inc. to rezone Lot D -2A, Replat of Riverdale Addition, from "0-3" General Office District to "MF -18" Multi- family Distric IIIIII There was no one present to speak in opposition to the zoning conversion and ' Ordinance No. 14,099 was presented containing the following caption: AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF LITTLE ROCK, AMENDING SECTION 43 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 Hubbell, seconded by Director Jones, 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 - 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 by Director Jones to again suspend the rules and place the Ordinance on third and final reading; which motion was seconded by Director Hubbell, and adopted by un- animous 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 final reading of the Ordinance, after which an Aye and No Vote was taken on the passage of the Ordinance and resulted as follows: Ayes - Directors Keith, Langst Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones —total 7; Noes None; Absent - None. Whereupon, the Ordinance was declared PASSED. Introduced next was Ordinance No. 14,100 containing the following heading: AN ORDINANCE AMENDING THE DESCRIPTION CONTAINED IN ORDINANCE NO. 14,083 CLOSING AN ALLEY IN BLOCK 8, RUEBEL & LEYMER'S ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time; after which there was a motion by Director Keith, seconded by Director Langston, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, a motion was agai made to 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 Shackel- ford, 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. There was a third and last reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Ordinance No. 14,101 was presented at this time, entitled: AN ORDINANCE AMENDING ORDINANCE NUMBER 12,871, WHICH CLOSED THE ALLEY ON THE 10 FEET OF LOT 2, BLOCK 74, ORIGINAL CITY, TO RELEASE THE PUBLIC UTILITY EASEMENTS RETAINED WHEN SAID ALLEY WAS CLOSED; AND FOR OTHER PURPOSES; 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 Shackelford, respectively, and unanimously adopted by the Board 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 Langston and adopted by unanimous vote of the Board Members prese 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 seconded by Directors Keith and Shackelford, respectively, and unanimously adopted by the Board AUGUST 18, 1981, Cont'd. 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 with the response being: it Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, , Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance j was declared PASSED. f A A proposed Ordinance was presented, with the title being: V AN ORDINANCE APPROPRIATING $10,000 FROM THE GENERAL FUND TO BE USED FOR REPAIR OF FLOOD DAMAGE AT THE ARKANSAS ARTS CENTER; AND FOR OTHER PURPOSES; before the Ordinance was read the third and last time, a motion was made by Director Hubbell and seconded by Director Shackelford, to amend the Ordinance to appropriate an amount not to exceed $4,726.00 for flood damage to the Arts Center. City Manager I Mahlon Martin had previously advised this was the amount needed to cover the repair costs. The motion was unanimously adopted by members of the Board of Directors present and the Ordinance, as amended, was read the third and last time. A roll call was taken) I� on the question, Shall the Ordinance, as amended, Pass, with the outcome being: Ayes - il Acting Mayor Bussey and Directors Hubbell and Jones - total 3; Noes - Directors Keith, II Langston, Weeks and Shackelford - total 4; Absent - None. With only three Aye votes I being cast, the Ordinance was declared to have FAILED. A Public Hearing had been scheduled for this time and place on an Ordinance author) izing the issuance of industrial development revenue bonds for the purpose of providing permanent financing for industrial facilities for Systematics, Inc. City Manager Mahlon Martin advised that the Bond Attorney had requested deferral; therefore, the public hearing was not held nor was the Ordinance considered. A Public Hearing had been advertised and scheduled for this time and place, on the question of the adoption of a Resolution authorizing the entry into an agreement to issue bonds for the purpose of assisting in the financing of a warehouse and distribu- tion facility within or near the City. Acting Mayor Bussey declared the Public Hearing �p open and when no one appeared to speak, he declared the Public Hearing closed and Resolution No. 6,644 was presented, described as: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK AUTHORIZING THE ' I ENTRY INTO AN AGREEMENT TO ISSUE BONDS FOR THE PURPOSE OF ASSISTING IN THE FINANCING i OF A WAREHOUSE AND DISTRIBUTION FACILITY WITHIN OR NEAR THE CITY; I and there was a full reading of the Resolution with an ensuing motion from Director Keith, seconded by Director Langston, for adoption of the Resolution. A roll call was III taken which resulted in adoption of the Resolution by the following vote: Ayes - yDirectors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. �I N The next presentation was Ordinance No. 14,102, entitled: AN ORDINANCE AWARDING A FRANCHISE SUBJECT TO CERTAIN CONDITIONS TO ATKINS DEVELOP- MENT COMPANY TO ENCROACH UPON THE PUBLIC RIGHT -OF -WAY AT 5TH AND LOUISIANA STREETS; AND FOR OTHER PURPOSES; and the Ordinance was read the second time, having been read the first time on August 4, 1981. Following the second reading of the Ordinance, a motion was made by , Director Langston to suspend the rules to allow for the third and final reading of the Ordinance at this time, with the motion being seconded by Director Weeks. The motion was unanimously adopted by a 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 - AUGUST 18, 1981, Cont'd. 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 with the resulting vote being recorded as herein described: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. A proposed Ordinance had been placed on the Agenda to amend Section 7 -16 of the Code of Ordinances to add a definition pertaining to persons who breed dogs or cats for a hobby. Director Hubbell requested the matter be deferred for two weeks; there- fore, no action was taken at this time. Introduced next was Resolution No. 6,645, with the title being: A RESOLUTION APPOINTING CHARLES BUSSEY TO METROPLAN; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Keith, seconded by Director Langston, and the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Shackelford, Hubbell and Jones - total 6; Noes - Acting Mayor Bussey - total 1; Absent - None. ! Under "J" Citizen Communications, Ms. Betty J. Sipes addressed the Board regard- ing the drainage problem in Windamere Subdivision. City Manager Mahlon Martin advised Ms. Sipes that he had provided the Board of Directors with a list of options and cost factors to alleviate the problem; however, it was his recommendation that "we stick with cleaning the ditch once a year, because we simply do not have the dollars in this year's budget to make the needed improvements." Mr. Bill Davies, Director of Public 1011 Works told the Board that this project is ranked number twenty -six on a list of needed drainage projects. Ms. Sipes also pointed out the problem with snakes and rodents in the ditch and the Board of Directors directed Mr. Martin to investigate to see what I can be done to correct this health hazard. Ij Mr. Jerry Gardner, Director of Little Rock Wastewater Utility was present and when questioned by Director Jones, Mr. Gardner stated that the law does allow a p in holding the position of mayor or assistant mayor, and is satisfied to serve the City in Position 3. He made the statement because he said rumors were circulating that he was a candidate for one of the two seats. There being no further business to be presented, it was moved by Director Keith, seconded by Director Langston, and unanimously carried that this meeting be adjourned at 9:00 o'clock P. M., and that the Board of Directors convene again in regular at 7:30 o'clock P. M. on Tuesday, September 1, 1981. ATTEST: / ?� APPROVED: ' City Clerk Mayor * * * * * * * * * * J _. _.11111 owner to sink a septic tank instead of tying onto the City Sewer, when the property is not within 300 feet of a trunk line. He explained that a property owner must apply to the State Board of Health for a permit for installation of a septic tank and that the rules and regulations are quite stringent. In conclusion, Director Weeks made a public statement that he was not interested in holding the position of mayor or assistant mayor, and is satisfied to serve the City in Position 3. He made the statement because he said rumors were circulating that he was a candidate for one of the two seats. There being no further business to be presented, it was moved by Director Keith, seconded by Director Langston, and unanimously carried that this meeting be adjourned at 9:00 o'clock P. M., and that the Board of Directors convene again in regular at 7:30 o'clock P. M. on Tuesday, September 1, 1981. ATTEST: / ?� APPROVED: ' City Clerk Mayor * * * * * * * * * * J _. _.11111 Board of Directors Chamber Little Rock, Arkansas August 24, 1981 - 4:30 P. M. The Board of Directors of the City of Little Rock, Arkansas met in Special Session at the request of Director Gale Weeks, with notices thereof being delivered to Board Members and filed with the City Clerk. The roll call was taken by Jane Czech, City Clerk and the following Directors were present: Directors Langston, Weeks Shackelford, Hubbell and Jones - total 5; Absent - Director Keith and Acting Mayor Hussey - total 2. In the absence of Acting Mayor Bussey. and after roll call, Director Langston moved that Director Weeks be appointed to serve as Chairman of the meeting. The motio was seconded by Director Shackelford and unanimously adopted by the Board Members present. After assuming the Chairmanship, Director Weeks then announced that a quorum was present, and that the purpose of the meeting was to discuss the rules and regulations governing the operation of ambulances in the City of Little Rock. Chairman Weeks advised that he requested the meeting as a "fact finding" effort, after two incidents, one of which occurred two weeks ago when Mr. Wayne Roberts, owner of Medic -Vac Ambulance Service was stopped on I -430 by Little Rock Police, while speeding to an accident on Highway No. 10 in a Ford Bronco that had been adapted to serve as a rescue vehicle. Mr. Roberts was given a ticket and later parked his vehicle in the middle of traffic on Geyer Springs Road, turned on the siren and left. The police removed the vehicle and gave him another ticket. In the other incident, an ambulance company from White County transported a girl into Little Rock August 14th. A Little Rock patrol car met the ambulance and escorted it to the Arkansas Children's Hospital. The girl died August 17th. After the incidents, enforcement of the Ordinance was suspended by Police Chief Walter E. Simpson, who acted on the advice of City Attorney Jack Magruder. Chairman Weeks then requested that Chief Simpson give a detailed report on the incident creating the controversy. Chief Simpson stated that the victim was removed with from the vehicle as Mr. Roberts was enroute /extricating equipment, and that police communications officers had tried to convey that message to him by radio. In the very lengthy discussion in response to questions from Chairman Weeks and Director John - Langston, Chief Simpson and Fire Chief Webb said that policemen and firemen undergo special training for driving emergency vehicles and that to their knowledge, such training is not available to ambulance drivers. At the conclusion.of the discussion and report, the Board of Directors agreed tha the Ordinance had served the City well. Chairman Weeks and Director Hubbell said the Ordinance should be enforced until the Board takes action to change it or until a cou orders suspension of its enforcement. The Board of Directors didn't take a vote on the subject issue, but Director Hubbell said that by not taking action, "we are telli City Employees to continue to enforce the Ordinance until the Board changes it or a court orders us to." Chairman Weeks then said, "let the word go out, this Ordinance is still in force." 0 IIr I 629 _ August 24, 1981, Contd. "- Special Meeting f,II,There 7Board being no further business to be presented o r to come befor�Directors at this time, upon motion of Director Hubbell, seconded by and by unanimous vote of the Board of Directors present, the meeting 5:55 o'clock P. M, to meet again in regular session on Tuesday, Septe I� I at 7:30 o'clock P. M. r Ii Ili � ATTEST: e� APPROVED:��I %�'�"�" City Clerk Mayor ii p qi I, I f iI I I� , 1 I' I'� j Board of Directors Chamber Little Rock, Arkansas September 1, 1981- 7:30 P. M. The Board of Directors of the City of Little Rock, Arkansas convened in regular session at 7:30 o'clock P. M. with Acting Mayor Bussey presiding, and Jane Czech, City Clerk. Present at roll call were Directors Keith, Langston, Weeks, Hubbell and Jones total 5; Absent - Director Shackelford - total 1. It was announced that a quorum was present and the following is an account of the proceedings: The Invocation was given by Director Hubbell. The first order of business was a discussion and presentation by City Manager Mahlon Martin on the proposed 1982 Budget reductions. He presented a memorandum to the Board of Directors pointing out the 1982 Budget before cuts amounts to $33,893,441, with the projected revenue totaling $32,345,380, which leaves a deficit of $1,548,061. In work sessions, the Board of Directors had made budget cuts in the amount of $101,063, , with the City Manager and Staff reducing operational expenses by $293,000, leaving the deficit $1,153,876. In the memorandum, Mr. Martin recommended further budget cuts in the form of personnel reductions. The recommendation was to eliminate sixty -three positions, including twelve firefighters and twelve policemen, and various non- uniform positions, all amounting to $1,036,819, leaving an overall deficit of $117,057. To conclude the discussion, Director Hubbell made a motion, seconded by Director Weeks, "that City Manager Mahlon Martin be given tentative approval by the Board of Directors for the 1982 Budget reductions as presented." The motion was adopted by the following vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Director Hubbell and Jones - total 6; Noes..- None; 'Absent --Director Shackelford - total 1. Director Shackelford was enrolled. A discussion was held on concurring with the North Little Rock City Council and requesting the Pulaski County Quorum Court to call a special election on a countwide one cent sales tax. Director Jones was sponsoring a Resolution concurring with North , Little Rock in making the request. She said the City would be selfish to refuse to go along with the tax, particularly after North Little Rock officials agreed to repeal its one -cent tax if the county proposal is successful. She further commented that indica- tions were that many Little Rock voters favored a countywide tax, and this would give the voters one more chance to choose between budget cuts and a sales tax. Director Keith was sponsoring a Resolution whereby the position of the Board of Directors would be to remain neutral in such county election, because said revenues are not apportioned to the point of collection of such revenues. Director Keith said the apportionment of the tax would be unfair to Little Rock, because the City contains most of the businesses at which the tax could be collected. Director Weeks contended that the negative vote on the City's proposal last May indicated that the voters wanted fewer taxes and less government. Director Hubbell said his personal preference was for a statewide sales tax increase; however, he was "never opposed to the voters having an opportunity to vote again." He further added, "we should convince the county to distribute some of ' its proceeds herein the City." It was Director Shackelford's belief that some Little Rock residents who voted against a city tax did so because they felt that a countywide tax was better. In conclusion, the two Resolutions were presented as follows: SEPTEMBER 1, 1981, Cont'd. A proposed Resolution was then presented, with the title being: CONCURRING WITH THE NORTH LITTLE ROCK CITY COUNCIL AND REQUESTING THE PULASKI COUNTY QUORUM COURT TO CALL A SPECIAL ELECTION ON A COUNTYWIDE ONE CENT SALES TAX; (Sponsored by Director Keith - Board of Directors to remain neutral in County Sales Tax Election) with said proposed Resolution being read in full. A motion followed from Director Keith, seconded by Director Weeks, that the Resolution be adopted. A roll call was taken on the motion with the response being: Ayes - Directors Keith and Weeks - total 2; Noes - Directors Langston, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 5; Absent - None. Resolution No. 6,646 was presented, entitled: CONCURRING WITH THE NORTH LITTLE ROCK CITY COUNCIL AND REQUESTING THE PULASKI COUNTY QUORUM COURT TO CALL A SPECIAL ELECTION ON A COUNTYWIDE ONE CENT SALES TAX; (Sponsored by Director Jones) and there was a full reading of the Resolution with an Jones, seconded by Director Shackelford, for adoption was taken which resulted in adoption of the Resolution vote: Ayes - Directors Langston, Acting Mayor Bussey, and Jones - total 5; Noes - Directors Keith and Weeks ensuing motion from Director Df the Resolution. A roll call by the following roll call Directors Shackelford, Hubbell - total 2; Absent - None. The next presentation was the Consent Agenda, described as follows: (a) The Minutes of the previous meeting held August 18, 1981, and the special meeting held August 24, 1981. (b) Resolution No. 6,647, entitled: A RESOLUTION EXPRESSING APPRECIATION AND GRATITUDE TO ORBIT VALVE COMPANY FOR AN OUTSTANDING EFFORT IN THE BEAUTIFICATION OF ITS GROUNDS AT 7500 INTERSTATE DRIVE; AND FOR OTHER PURPOSES. (.c) Resolution No. 6,648, with the title being: A RESOLUTION EXPRESSING APPRECIATION AND GRATITUDE TO FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION - SOUTHWEST BRANCH FOR AN OUTSTANDING EFFORT IN THE BEAUTIFICATION OF ITS GROUNDS AT BASE LINE AND GEYER SPRINGS ROADS; AND FOR OTHER PURPOSES. Y(d) Resolution No. 6,649, described as: A RESOLUTION EXPRESSING APPRECIATION AND GRATITUDE TO ARKANSAS FARM BUREAU FOR AN OUTSTANDING EFFORT IN THE BEAUTIFICATION OF ITS GROUNDS AT 10720 KANIS ROAD; AND FOR OTHER PURPOSES. (e) Resolution No. 6,650, containing the following caption: A RESOLUTION EXPRESSING APPRECIATION AND GRATITUDE TO CAPTAIN D'S RESTAURANT, MAIN STREET STORE FOR AN OUTSTANDING EFFORT IN THE BEAUTIFICATI OF ITS GROUNDS AT 14TH AND MAIN STREETS; AND FOR OTHER PURPOSES. By motion of Director Hubbell, seconded by Director Keith, with all Board Members present voting Aye, the Consent Agenda was dispensed with as follows: (a) The Minutes were approved as written and summarized to the Board of Directors; and (b, c, d & e) Resolutions No. 6,647, 6,648, 6,649 and 6,650 were read in full and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bu; Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. SEPTEMBER 1, 1981, Cont'd. Introduced at this time was Resolution No. 6,651, entitled: A RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT FOR WATER AND SEWER IMPROVEMENTS IN THE PANKEY ADDITION AREA; AND FOR OTHER PURPOSES; (Lot Bidder: S & S Construction Company - $195,479) and there was a full reading of the Resolution. Attorney P. A. Hollingsworth, re- presenting the second low bidder, Shrader Construction Company, stated the low bidder had not complied with requirements because the addendum had not been acknowledged. He requested that the Board of Directors award the bid to Shrader Construction Company. Mr. Nathaniel Hill, Director of Human Resources, explained that the addendum was only an update of wage -rates put out by HUD, and S & S Construction Company pays higher wages than those required by HUD. There was no further discussion -and Director Hubbell made a motion that "we accept the low bid and award the contract to S & S Construction Company." The motion was seconded by Director Jones and adopted by the following roll call voteA,Mirectors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. A roll call was then taken on the adoption of the Resolution with the outcome being: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Zoning Petition No. Z -3721 was the next presentation, having been submitted by Otter Creek Mall Partnership to rezone .938 acres (long legal description), from "R -2" Single - family District to "C -3" General Commercial District. The Planning Commission approved the application on August 11, 1981 and there being no one present to oppose the proposal, Ordinance No. 14,103 was presented, entitled: AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT INTERSTATE #30 AND OTTER CREEK ROAD EXIT IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 Jones, which was seconded by Director Hubbell, 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 seven in number and two- thirds or more of the members of the Board of Directors - elect. The Ordinance was subsequently read the second time, resulting in a motion made by Director Keith and seconded by Director Langston, for a further suspension of the rules to allow for the third and final readin of the Ordinance. The motion was unanimously adopted by 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; 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, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Therefore, the Ordinance was declared PASSED. Zoning Petition No. Z -3738 submitted by J. A. Riggs, Jr., Trustee, to rezone 7701 New Benton Highway bounded on the north by Interstate 30 access and on the west by Chicot Road containing approximately 37 acres, from "R -2" Single - family District to "I -2" Light Industrial District, had been placed on the Agenda for consideration. , There was no opposition presented to the proposed rezoning and Ordinance No. 14,104 was presented, with the title being: I a a litic) SEPTEMBER 1, 1981, Cont'd. I I, AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 7701 NEW BENTON HIGHWAY IN THE � �I CITY OF LITTLE ROCK, ARKANSAS, AMENDING SECTION 43 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 from Director Jones, seconded by i Director Hubbell, and unanimously adopted by the Board Members present, being seven in �4 number and two - thirds or more of the members of the Board of Directors - elect. There V VI was a second reading of the Ordinance, after which there was a subsequent motion made I I� by Director Keith, seconded by Director Langston, to again suspend the rules and place a ail ill I I the Ordinance on its third and final reading. The motion was adopted by a 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 ii last time, followed by an Aye and No Vote on the passage of the Ordinance with the response being: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Director l l I� Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. The next matter to be considered was the approval of a Planned Residential i it 634 i SEPTEMBER 1,:.1981, Cont'd. the Board of Directors - elect. Upon second reading of the Ordinance, a motion was again Y made to suspend the rules to allow for the third and final reading of the Ordinance at i this time, with the motion being made by Director Keith, seconded by Director Langston, 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. There was a third and last reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors I� Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance I was then declared PASSED. A Public Hearing had been set for this time and place on amending the Suburban Development Plan in the I -430 and West Markham Street Area of Little Rock. The amend - ment would zone the area south of West Markham, North of I -630, West of Oak Lane and Ij East of I -430 from "SFA" Single- family Attached District to "SO" Suburban Office I District. Acting Mayor Bussey declared the public hearing open and when no persons wished to be heard, the public hearing was closed and Ordinance No. 14,107 was presente entitled: lAN ORDINANCE AMENDING THE SUBURBAN DEVELOPMENT PLAN FOR THE CITY OF LITTLE ROCK I � l FROM "SFA ", SINGLE FAMILY ATTACHED TO "SO" SUBURBAN OFFICE IN THE I -430 AND WEST MARK- HAM AREA AND FOR OTHER PURPOSES; i 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 Hubbell, seconded by Director Weeks, and unanimously adopted by the Board Members present, being seven in i number and two- thirds or more of the members of the Board of Directors - elect. There I was a second reading of the Ordinance, after which there was a subsequent motion made by Director Jones, seconded by Director Keith, to again suspend the rules and place i VI the Ordinance on its third and final reading. The motion was adopted by a unanimous ii I 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 question, Shall the Ordinance Pass, itwith i the outcome being: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, j Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Whereupon, the Ordinance was declared PASSED. Consideration was then given to a proposed Ordinance, with the title being: AN ORDINANCE AUTHORIZING A FRANCHISE TO BE GRANTED TO MARKHAM INN TO UTILIZE A M 4I t PORTION OF THE RIGHT -OF -WAY LOCATED IN THE ALLEY BEHIND MARKHAM INN AT 5120 WEST MARKHAM STREET; AND FOR OTHER PURPOSES; and there was a first reading of the Ordinance. A motion followed by Director Keith, .seconded by Director Weeks, to suspend the rules and place the Ordinance on second reading. The motion was unanimously adopted by members of the Board of Directors ilk 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. There was no motion I� j for the suspension of the rules to allow for the third and final reading of the Ordi- nance, in order that it remain on file in the City Clerk's Office at least one week before passage to comply with the law. Therefore, the proposed Ordinance remained on 4' the calendar for third and final reading on September 15, 1981. 1 Resolution No. 6,652 was the next presentation, described as: A RESOLUTION STATING THE INTENT OF THE BOARD OF DIRECTORS TO RECONSIDER ZONING SEPTEMBER 1, 1981, Cont'd. CASE NUMBER Z -3727; SETTING THE DATE OF OCTOBER 6, 1981, FOR A PUBLIC HEARING; AND FOR OTHER PURPOSES; ROCK, ARKANSAS; and said Ordinance was read the first time; after which there was a motion by Director Hubbell, seconded by Director Jones, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, a motion was agai . made to suspend the rules to allow for the third and final reading of the Ordinance at this time, with the motion being made by Director Shackelford, seconded by Director Jones, 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. There was a third and last reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Consideration was given to Ordinance No. 14,109, 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; (Portion of Interstate Park and Adams Field - Court Order dated July 28, 1981) and there was a first reading of the Ordinance, after which the rules were suspended and the Ordinance was placed on second reading by motion of Director Hubbell, seconded by Director Jones, 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, and followed by a (Mini- storage facility located at 7426 Cantrell Road) and there was a full reading of the Resolution with an ensuing motion from Director Hubbell, seconded by Director Jones, for adoption of the Resolution. A roll call was taken which resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Presented for consideration at this time was the petition of David F. Gruenewald, et al, requesting the closure of that portion of "L" Street adjoining Lot 195, Prospec Terrace Addition on the north, adjoining Lot 1, Block 4, Hollenberg Addition on the south, as approved by the Planning Commission. Attached to the petition was a certi- fication from Beach Abstract and Guaranty Company of last apparent owners of record whose property abuts said street. Also, attached to the petition was a copy of the plat of Prospect Terrace No. 3 Addition, and the Hollenberg Addition, on record in the Pulaski County Circuit Clerk's Office. A public hearing had been scheduled for this time and place by Resolution No. 6,641, with notice thereof having been duly published on August 24, 1981 and August 31, 1981 as required by Law. Acting Mayor Bussey then declared the public hearing open. However, there was no one present to address the issue, and the hearing was declared closed and an Ordinance to close the above - describ street was placed on first reading. (See Ordinance No. 14,108 as follows) Presented at this time was Ordinance No. 14,108 containing the following heading: AN ORDINANCE VACATING AND CLOSING THAT PORTION OF "L" STREET ADJOINING LOT 195, PROSPECT TERRACE NO. 3, AND LOT 1, BLOCK 4, HOLLENBERG ADDITION TO THE CITY OF LITTLE ROCK, ARKANSAS; and said Ordinance was read the first time; after which there was a motion by Director Hubbell, seconded by Director Jones, 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 seven in number and two - thirds or more of the members of the Board of Directors - elect. Upon second reading of the Ordinance, a motion was agai . made to suspend the rules to allow for the third and final reading of the Ordinance at this time, with the motion being made by Director Shackelford, seconded by Director Jones, 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. There was a third and last reading of the Ordinance, followed by an Aye and No Vote taken on the passage of the Ordinance with the resulting vote being recorded as herein described: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. It was announced that the Ordinance had PASSED. Consideration was given to Ordinance No. 14,109, 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; (Portion of Interstate Park and Adams Field - Court Order dated July 28, 1981) and there was a first reading of the Ordinance, after which the rules were suspended and the Ordinance was placed on second reading by motion of Director Hubbell, seconded by Director Jones, 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, and followed by a - iul SEPTEMBER 1, 1981, Cont'd. subsequent motion from Director Hubbell 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 Weeks, 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 third and last time; where- upon an Aye and No Vote was taken on the question, Shall the Ordinance Pass, resulting as herein described: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The Ordinance was then declared PASSED. Introduced next was Resolution No. 6,653, containing the following title: A RESOLUTION ALLOCATING CAPITAL IMPROVEMENT PROJECT FUNDS FOR PUBLIC WORKS DEPARTMENT PROJECTS; AND FOR OTHER PURPOSES; and a complete reading of the Resolution followed. There was a motion then made by Director Hubbell, seconded by Director Jones, that the Resolution be adopted. A roll call was taken and the Resolution was adopted by the following vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. The next matter did not appear on the Official Agenda, but at the request of City Manager Mahlon Martin, Resolution No. 6,654 was considered at this time by the Board of Directors, with the title being: A RESOLUTION SETTING THE DATE OF OCTOBER 6, 1981 FOR A PUBLIC HEARING ON THE EXTENSION OF BROOKSIDE DRIVE FROM EVERGREEN TO RESERVOIR ROAD; AND FOR OTHER PURPOSES; with said Resolution being read in full. A motion by Director Hubbell, seconded by Director Weeks, resulted in adoption of the Resolution by the following roll call vote Ayes Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A Public Hearing had been advertised for this time and place, upon the question of issuance of Act 9 Industrial Development Revenue Bonds for Systematics, Inc. The Public Hearing was declared open by Acting Mayor Bussey who invited speakers to come forward. Attorney Watt Gregory, III was present to answer questions by Board Members, but no one was present who wished to oppose the issue, the Public Hearing was declared closed and an Ordinance authorizing the issuance of the bonds was placed on first reading. (See Ordinance No. 14,110 below) Ordinance No. 14,110 was presented, entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF 1960, AS AMENDED, FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR THE COST OF SECURING AND DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE); AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENT- URE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING CERTAIN OTHER MATTERS PERTAINING TO THE INDUSTRIAL PROJECT, THE CONSTRUCTION THEREOF AND THE FINANCING THEREOF; AUTHOR- IZING A LOAN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, AS LENDER AND SYSTEMATICS, INC AS BORROWER, IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THIS ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY ; (Not to exceed $1,000,000) and after a first reading of the Ordinance, there was a motion from Director Jones, seconded by Director Shackelford, to suspend the rules and place the Ordinance on its J ROCK, ARKANSAS, AND YELLOW FREIGHT SYSTEM, INC., PERTAINING TO THE ISSUANCE OF INDUSTRIP. DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPP- SEPTEMBER 1, 1981, Cont'd. ING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; second reading. The motion was adopted by voice vote with Director Hubbell abstaining i and the other Directors voting Aye; and the Ordinance was then read the second time. A subsequent motion was made at this time by Director Shackelford and seconded by Director with said Resolution being read in full and thereafter adopted upon motion of Director Jones, for a further suspension of the rules to allow for the third and final reading of the Ordinance. The motion was adopted again by voice vote with Director Hubbell abstair ing and the remainder of the Directors voting Aye. There was then a third and last Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - reading of the Ordinance. The ensuing roll call vote on the passage of the Ordinance received the following response: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Abstaining - Director question of the adoption of a Resolution of the Board of Directors of the City of Littl( Hubbell - total 1; Absent - None. The Emergency Clause contained in Section 11 of the foregoing Ordinance was read and adopted by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, ment Revenue Bonds for William R. Moore, Inc., for the purpose of assisting in the Acting Mayor Bussey, Directors Shackelford and Jones - total 6; Noes - None; Abstain- ing - Director Hubbell - total 1; Absent - None. It was then announced by Acting Mayor Bussey that the Ordinance, together with the Emergency Section had PASSED. Rock. Acting Mayor Bussey declared the Public Hearing open and with no one present to A Public Hearing had been advertised and scheduled for this time and place on the question of the adoption of a Resolution authorizing the approval of a Memorandum of Intent to issue approximately $2,500,000 Act 9 Industrial Development Revenue Bonds for Resolution No. 6,656 was presented, entitled: Yellow Freight System, Inc. Acting Mayor Bussey declared the Public Hearing open and when no one appeared to speak, he declared the Public Hearing closed and Resolution No. 6,655 was presented, with the title being: ENTRY INTO AN AGREEMENT TO ISSUE BONDS FOR THE PURPOSE OF ASSISTING IN THE FINANCING OF A RESOLUTION AUTHORIZING A MEMORANDUM OF INTENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND YELLOW FREIGHT SYSTEM, INC., PERTAINING TO THE ISSUANCE OF INDUSTRIP. DEVELOPMENT REVENUE BONDS FOR FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPP- ING INDUSTRIAL FACILITIES; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; ($2,500,000) with said Resolution being read in full and thereafter adopted upon motion of Director Langston, seconded by Director Weeks, and the following roll call vote: Ayes - Directo3 Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A Public Hearing had been advertised and scheduled for this time and place, on the question of the adoption of a Resolution of the Board of Directors of the City of Littl( Rock authorizing the entry into an agreement to issue $1,250,000 Act 9 Industrial Develi ment Revenue Bonds for William R. Moore, Inc., for the purpose of assisting in the financing of a warehouse and distribution facility within or near the City of Little Rock. Acting Mayor Bussey declared the Public Hearing open and with no one present to speak either for or against the issue, he declared the Public Hearing closed and Resolution No. 6,656 was presented, entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK AUTHORIZING THE ENTRY INTO AN AGREEMENT TO ISSUE BONDS FOR THE PURPOSE OF ASSISTING IN THE FINANCING OF A WAREHOUSE AND DISTRIBUTION FACILITY WITHIN OR NEAR THE CITY; ($1,250,000 for William R. Moore, Inc.) and the Resolution was read in its entirety. A motion was then made by Director Langst seconded by Director Weeks, which resulted in a roll call vote whereby the Resolution was adopted as herein recorded: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. Another Public Hearing had also been advertised and scheduled for this time and SEPTEMBER 1 Cont'd. place on the question of the adoption of a Resolution of the Board of Directors of the City of Little Rock, authorizing the entry into an agreement to issue Act 9 Industrial Development Revenue Bonds, not to exceed $1,500,000, for Westpark Development Company, for the purpose of securing and developing � p p g ping industry within or near the City of Little Rock. Acting Mayor Bussey declared the Public Hearing open; however, there was no one present to address the issue and the Public Hearing was declared closed. Resolution No. 6,657 was presented, with the caption being: ` A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK AUTHORIZING THE ENTRY INTO AN AGREEMENT TO ISSUE BONDS FOR THE PURPOSE OF SECURING AND DEVELOPING ' JI j INDUSTRY WITHIN OR NEAR THE CITY; I ( Westpark Development Company - $1,500,000) and said Resolution was read in full. A motion by'Director Langston, seconded by Director Weeks, resulted in adoption of the Resolution by the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, I'I Hubbell and Jones - total 7; Noes - None; Absent - None. liA proposed Resolution had been placed on the Agenda entitled: "A Resolution accep ing.and approving the recommendations of the Little Rock Planning Advisory Council Executive Committee for Title II -B Fiscal Year 1982 Funding; And for other purposes ". City Manager Mahlon Martin requested that the proposed Resolution be deferred; there- fore, no action was taken and the matter was deferred. Introduced next was Resolution No. 6,658, entitled: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE VETERANS ADMINISTRATION FOR THE DESIGN AND CONSTRUCTION OF A JOINT STREET IMPROVEMENT PROJECT; AND FOR OTHER PURPOSES; (Street improvements for the area east of the new Veterans Administration Hospital) I, with the Resolution being read in full, and thereafter adopted by motion of Director Keith, seconded by Director Weeks, and the following roll call vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. I A Resolution had been placed on the Agenda pertaining to off- street parking facilities to accommodate the Civic - Convention -Hotel Center under construction; however a substitute Resolution was presented- instead. (See Resolution No. 6,659 as follows) I Resolution No. 6,659 was presented described as: A RESOLUTION AUTHORIZING THE SUBMITTAL OF THE ISSUE OF THE FUTURE OF BLOCK 3, ORIGINAL CITY TO THE FIRM OF HODGES, VINES, FOX AND ASSOCIATES FOR THEIR RECOMMENDATION I WITHIN THIRTY DAYS; AND FOR OTHER PURPOSES; and there was a full reading of the Resolution with an ensuing motion from Director q Hubbell, seconded by Director Jones, for adoption of the Resolution by the following vote: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackel- ford, Hubbell and Jones - total 7; Noes - None; Absent - None. i j The next matter to be considered was Resolution No. 6,660, containing the follow- ing title: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO MOVE FOR DISQUALIFICATION OF DAVID HENRY AND JOE KEMP AS ATTORNEYS IN RECENT LAWSUIT BY THEM FILED AGAINST THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES; and the Resolution was read in full, "directing" the City Attorney to move for dis- qualification of Attorneys Henry and Kemp. A motion was made by Director Keith, seconded by Director Langston, that the Resolution be amended to "authorize" the City r SEPTEMBER 1, 1981, Cont'd. Attorney to move for disqualification of Attorneys Henry and Kemp, rather than "direct None. A proposed Ordinance to amend Ordinance No. 13,207, establishing traffic regulatic for emergency vehicles appeared on the Agenda as Item 19; however, City Manager Mahlon Martin requested this item be withdrawn; therefore, no action was taken on the propose( Ordinance to amend Ordinance No. 13,207. A discussion was held at this time on whether or not to enforce portions of the state obscenity law hile the constitutionality of the law is tested in court. City Attorney Jack Magruder advised that Wild Cinemas plans to file a lawsuit to settle the question and the company wouldn't seek attorney's fees from the state, county and city if they agreed to defer enforcement of provisions against adult films until the matter is resolved in court. He further advised that the Attorney General and Prosecuting Attorney had already told Wild Cinemas and Chicot Cinema adult movie theaters, that the law adopted this year by the legislature probably is unconstitut- ional and the prosecuting attorney's office won't prosecute violators even if they are arrested. Mr. Magruder recommended that the city enter into an agreement in the case of Wild Cinemas, Et Al. V. Munson, Et Al., in order to avoid paying attorney's fees. Following the discussion, Resolution No. 6,661 was presented entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AGREEMENT IN THE CASE OF WILD CINEMAS, ET AL. V. MUNSON, ET AL., U.S.D.C. CASE #LR -C -77 -228; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Hubbell, seconded by Director Jones, and the following roll call vote: Ayes- Director Keith, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 5; Noes - Directors Weeks and Langston - total 2; Absent - None. There being no further business to be presented, it was moved by Director Keith, seconded by Director Weeks, and unanimously carried that this meeting be adjourned at 9:30 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, September 15, 1981. i ATTEST: #w-,, (`'G APPROVED: I City Clerk * * * * * * * * * * Mayor The motion was adopted by unanimous voice vote of the Board Members present. A sub- sequent motion then followed from Director Hubbell, seconded by Director Jones, that the Resolution, as amended, be adopted. A roll call then followed which adopted the amended Resolution as follows: Ayes - Directors Keith, Langston, Weeks, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 7; Noes - None; Absent - None. A proposed Ordinance to amend Ordinance No. 13,207, establishing traffic regulatic for emergency vehicles appeared on the Agenda as Item 19; however, City Manager Mahlon Martin requested this item be withdrawn; therefore, no action was taken on the propose( Ordinance to amend Ordinance No. 13,207. A discussion was held at this time on whether or not to enforce portions of the state obscenity law hile the constitutionality of the law is tested in court. City Attorney Jack Magruder advised that Wild Cinemas plans to file a lawsuit to settle the question and the company wouldn't seek attorney's fees from the state, county and city if they agreed to defer enforcement of provisions against adult films until the matter is resolved in court. He further advised that the Attorney General and Prosecuting Attorney had already told Wild Cinemas and Chicot Cinema adult movie theaters, that the law adopted this year by the legislature probably is unconstitut- ional and the prosecuting attorney's office won't prosecute violators even if they are arrested. Mr. Magruder recommended that the city enter into an agreement in the case of Wild Cinemas, Et Al. V. Munson, Et Al., in order to avoid paying attorney's fees. Following the discussion, Resolution No. 6,661 was presented entitled: A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AGREEMENT IN THE CASE OF WILD CINEMAS, ET AL. V. MUNSON, ET AL., U.S.D.C. CASE #LR -C -77 -228; AND FOR OTHER PURPOSES; with said Resolution being read in full and thereafter adopted upon motion of Director Hubbell, seconded by Director Jones, and the following roll call vote: Ayes- Director Keith, Acting Mayor Bussey, Directors Shackelford, Hubbell and Jones - total 5; Noes - Directors Weeks and Langston - total 2; Absent - None. There being no further business to be presented, it was moved by Director Keith, seconded by Director Weeks, and unanimously carried that this meeting be adjourned at 9:30 o'clock P. M., and that the Board of Directors convene again in regular session at 7:30 o'clock P. M. on Tuesday, September 15, 1981. i ATTEST: #w-,, (`'G APPROVED: I City Clerk * * * * * * * * * * Mayor 1